What to Know about BVAS Voting Procedures on Election Day

BVAS is an acronym for “bimodal verification and accreditation system” an electronic device designed to verify the identity of the owner of a Permanent Voters Card (PVC) using either their fingerprints or facial recognition and affirm that they are eligible to vote at that particular polling unit. The Independent National Electoral Commission (INEC) has confirmed the deployment of the BVAS for the 2023 General Elections in accordance with the changes introduced by the Electoral Act 2022. 

Under Section 47 of the Electoral Act 2022: 

1. “A person intending to vote in an election shall present himself with his voter’s card to a Presiding Officer for accreditation at the polling unit in the constituency in which his name is registered.
2. To vote, the Presiding Officer shall use a smart card reader or any other technological device that may be prescribed by the Commission, for the accreditation of voters, to verify, confirm or authenticate the particulars of the intending voter in the manner prescribed by the Commission”.

The BVAS system performs multiple functions on election day, including serving as an Electronic Voters Register (EVR) to maintain a record of eligible voters, verifying the authenticity of the Permanent Voters Cards (PVCs) and establishing the identity of voters through fingerprint or facial authentication. According to INEC, BVAS will also be responsible for uploading polling unit results in real-time to the INEC Backend and Result Viewing Portal (IReV). 

Paragraph 2: (a) Page 23 of INEC’s Manual for the Election Officials 2022 defines accreditation as:

   “… a process of ascertaining that a voter’s name is in the register of voters in a particular polling unit where he/she registered to vote in an election. The accreditation process shall comprise the verification and authentication of voters using the BVAS; cross-checking the voters ‘name in the register of voters as well as inking of the cuticle of the specified finger.”

The accreditation & voting process according to INEC will be as follows: 

1. The voters’ fingerprint or face will be used to search for a match in BVAS, one of which must successfully identify the voter as the owner of the PVC presented to the official before they will be allowed to vote. 
2. If the BVAS fails to recognise the fingerprint, the facial recognition function of BVAS will be used to verify and accredit the voter.
3. After this, indelible ink will be applied on the voter’s finger and a stamped, signed and dated ballot paper is issued to them.
4. Voting is done in closed off cubicles and voters are expected to place their index fingers next to the logo of their preferred party on the ballot paper and fold it vertically, ensuring that the inked part can only touch the logo of the preferred party and not stain the squares of other candidates. 
5. If a voter is unable to pass BVAS fingerprint verification or facial recognition, they will not be allowed to vote. 

Note:

INEC has stated that BVAS automatically updates itself as accreditation takes place, leaving no room for manipulation. In addition  Inconsistency in the record of number of accredited voters stored in electronic accreditation machine/BVAS and total votes returned will result in invalidation of result.

It is important to understand here that the Electoral Act 2022 has created a crucial change to the definition of Proof of accreditation based on Voters’ Register plus production of accreditation data in BVAS or as transmitted by BVAS to INEC server. 

ARTICLE WRITTEN BY THE DIGITAL LAW AND POLICY PRACTICE SECTION OF A&E LAW PARTNERSHIP, ABUJA 

22 FEBRUARY 2023