MANAGING DIGITAL AND TECHNICAL EVIDENCE IN ELECTORAL DISPUTE RESOLUTION

Abstract

ABSTRACT 
The rapid integration of Artificial Intelligence (AI) and digital communication technologies into 
electoral processes has fundamentally transformed the landscape of electoral governance in 
Africa. This paper examines the implications of these developments for transparency, public 
confidence, and the management of electoral disputes. It argues that electoral dispute governance 
can no longer be confined to formal legal processes but must be understood as a continuum 
shaped by pre-litigation dynamics within the digital public sphere. Platforms such as Facebook, 
X, Instagram, Tik Tok, and WhatsApp have emerged as critical arenas where electoral outcomes 
are debated, contested, and legitimised in real time, often preceding formal adjudication. On the 
one hand, AI offers significant opportunities to enhance electoral transparency through data 
analytics, auditability, and improved information management systems. On the other hand, it 
poses serious risks through algorithmic amplification of misinformation, computational 
propaganda, and the proliferation of synthetic media, all of which can undermine trust in 
electoral institutions and judicial outcomes. The paper conceptualises ―pre-litigation 
contestation,‖ highlighting how digital narratives shape the trajectory and legitimacy of electoral 
disputes. It further examines the role of civic actors in mitigating these risks and proposes a set of 
policy and institutional reforms aimed at strengthening governance frameworks for AI in 
elections. It recommends that the effective regulation of AI, grounded in transparency, 
accountability, and multi-stakeholder collaboration, is essential for sustaining democratic 
legitimacy in Africa‘s evolving digital electoral landscape.