Legality of using temporary voter cards for election

BY OPATOLA VICTOR

A video is currently making the rounds online in which Martins Vincent Otse—widely known as VeryDarkMan—voices his concern over the Independent National Electoral Commission’s (INEC) alleged plan to allow the use of temporary voter cards (TVCs) in the coming  2027 general election. His concerns, while understandable in light of Nigerians’ deep-seated distrust of INEC and government institutions, unfortunately misrepresent a legal reality that must be clearly restated.

If INEC proceeds to permit registered voters to cast their ballots using TVCs, it will not be creating a new precedent. Rather, it will simply be complying—albeit belatedly—with a valid and subsisting court judgment in Kofoworola & Anor v. INEC (2023), which it intentionally ignored during the 2023 elections.  This judgment authoritatively settled the matter by affirming that registered voters in possession of a Temporary Voter Card are legally entitled to vote. That INEC deliberately failed to obey this judgement during the 2023 general elections is not only regrettable—it is unfortunate and unlawful.

Despite INEC’s recent claim—published in The Punch on 24th April 2025—that the law must first be amended to allow the use of TVCs, this assertion is not just misleading; it is entirely false. The court in Kofoworola & Anor v. INEC (2023) clearly held that under the current legal framework, registered voters are already entitled to vote using their temporary voter cards. No new law is needed. The law, as it stands, is sufficient.

As the lawyer who represented the Plaintiffs in the Kofoworola & Anor v. INEC case, I am compelled to set the record straight.

The court’s decision was clear and unequivocal: no provision in the Electoral Act, the Constitution, or any Law provides that only permanent voter cards (PVCs) be used for accreditation or voting. The law recognises a “voter’s card” —and both the temporary and permanent voter card meet this requirement, provided the voter is duly registered to vote.

For a better understanding of the practical application of the judgment in Kofoworola & anor v. INEC, one must understand how the Bimodal Voter Accreditation System (BVAS) functions. The BVAS accreditation system in Nigeria recognizes three methods for accrediting registered voters in order to vote — through fingerprint recognition, by entering the Voter Identification Number which will bring out his details (afterwhich the registered voter’s thumbprint will further be used to accredit him), or by inserting the Permanent Voter Card (PVC) into the BVAS machine. Regardless of the method, one must be a registered voter to be accredited to vote. Accreditation is mandatory and must occur on election day before a registered voter can lawfully cast a vote.

For more than two years, we have consistently called on INEC to respect and comply with the judgment of the court. It is, therefore, a welcome development—if, indeed, the Commission now intends to truly implement the judgment by allowing the use of Temporary Voter Cards (TVC). This move, if genuinely pursued, marks a critical step towards strengthening electoral inclusiveness and ending a quiet but far-reaching form of disenfranchisement.

In recent elections, millions of Nigerians were denied the opportunity to vote, not because they failed to register, but because INEC was unable, through their ineffectiveness, to issue them their PVC in time. Many queued under the sun for hours, only to be turned away due to missing or defective PVCs, unavailability of the PVC, etc. This systemic failure, often cloaked in bureaucratic excuses, robbed countless citizens of their constitutional right to vote. With the court’s judgment, this practice can and must come to an end.

What the law requires is simple: a valid voter’s card and successful accreditation. The BVAS machine supports this. The claim that a constitutional or legislative amendment is needed is a smokescreen that undermines the rule of law and risks suppressing voter participation under the guise of having to wait for an amendment that might not come before the 2027 elections.

It is crucial that the public understand what is at stake. A democratic process that excludes millions due to administrative inefficiencies is no democracy at all. Allowing registered voters to use their Temporary Voter Cards restores a right wrongfully denied and reinforces the principle that sovereignty belongs to the people.

Of course, scepticism and low citizen trust towards INEC is not unfounded. Nigerians have seen repeated failures, inconsistencies, and costly ineffectiveness from INEC. But in this instance, if INEC follows through with allowing TVCs, it would finally be aligning itself with the law. And if it does not, Nigerians must demand accountability and insist on compliance with the judgment of a competent court.

Let it be made clear: the law does not require a PVC to vote; it requires a voter’s card and successful accreditation. It is time for Nigerians, civil societies and international communities to positively influence INEC to do the right thing.  The judgment in Kofoworola & Anor v. INEC is binding, and no amount of bureaucratic double-speak can override it.

It is now the duty of all citizens, civil society, and the legal community to keep the pressure on INEC to ensure that no voter is denied their right on account of INEC’s failures. Justice has spoken. It is time for INEC to listen—and act.

Opatola Victor is a legal practitioner with Legalify Attorneys and can be reached via [email protected]