The SPA Ajibade & Co. Annual Business Luncheon, an esteemed event in the legal profession, continues to address critical issues impacting the profession and broader society. The 17th edition of the luncheon, themed “Data Protection and Transparent Elections in the Nigerian Legal Profession: Charting a Way Forward”, tackled the evolving challenges of electronic voting (e-voting) within the Nigerian Bar Association (NBA).
The event served as a platform for legal experts and stakeholders to advocate for transparency, accountability, and robust data protection mechanisms in the NBA’s electoral processes.
E-Voting: A Transformative but Challenging System
The luncheon aimed to highlight the importance of credible electoral practices within the legal profession, setting a precedent for other professional bodies and Nigeria’s political landscape. Olumide Babalola, Managing Partner at Olumide Babalola LP, underscored the transformative nature of e-voting during his presentation.
“We’re all used to the manual way of voting, physically casting votes on paper. Now, with e-voting, you can cast your vote from anywhere, relying solely on digital platforms. While this is convenient, it raises critical concerns about data privacy and the freedom to vote without fear of exposure,” he explained.
Babalola stressed the importance of educating voters on the operation of e-voting systems, ensuring they understand the implications of their data being collected, stored, and utilized.
“Transparency is crucial, but it must not become a weapon for misuse. The anonymity of voters must be respected, even during audits,” he asserted, calling for safeguards that balance transparency with voter privacy.
Legal and Ethical Compliance
Princewill Odinaka, Head of the Enforcement Unit at the Nigerian Data Protection Commission (NDPC), emphasized compliance with the Nigeria Data Protection Act (NDPA). He highlighted the need for the NBA to conduct a Data Protection Impact Assessment (DPIA), as outlined in Section 28 of the Act, to mitigate privacy risks inherent in e-voting.
“Transparency in elections is non-negotiable, but it must align with legal standards to protect personal data,” Odinaka remarked.
Calls for Audits and Trust-Building
Richard Ayo Akintunde, SAN, Founding Partner at Ayodele Akintunde & Co, highlighted strides made since the adoption of e-voting but pointed out ongoing challenges, particularly regarding voter registers and post-election audits.
17th SPA Ajibade & Co. Annual Business Luncheon
“Our Committee recommended independent audits free from the influence of the ECNBA or candidates, to ensure credibility and transparency,” Akintunde stated, reflecting on lessons learned from elections dating back to 2016.
Oluseun Abimbola, SAN, Senior Partner at Prime Solicitors, emphasized the broader societal issue of trust deficiency in electoral systems.
“Even with facts staring us in the face, there’s scepticism. Trust must be built through transparency and accountability,” Abimbola said.
Dr. Babatunde Ajibade, SAN: A Call to Action
In his opening remarks, Dr. Babatunde Ajibade, SAN, Managing Partner of SPA Ajibade & Co., outlined the pressing need for electoral reform to restore the credibility of the legal profession.
“It’s very bad for the image of the profession. People are passionate about this issue, but loyalty and support for certain individuals often overshadow the need for fairness,” Dr. Ajibade lamented.
He strongly supported independent audits to resolve post-election disputes, emphasizing that transparency can eliminate perceptions of electoral manipulation.
“If lawyers get it right, other professional bodies like the Nigerian Medical Association (NMA) might follow suit. Greater transparency could shift the cultural perception of elections,” he concluded.
Charting the Path Forward
The experts at the luncheon unanimously agreed on the need for clearer policies, comprehensive audits, and adherence to data protection regulations to foster trust in the NBA’s electoral system. Balancing openness with data privacy, they argued, is the key to maintaining the integrity of e-voting.
The luncheon highlighted the critical role of the legal profession in setting benchmarks for transparency and accountability, potentially serving as a model for other sectors in Nigeria.
