Electoral Act: Senate proposes shifting election proof burden to INEC

The Senate on Wednesday called for the transfer of the burden of proof in election petitions from aggrieved candidates to the Independent National Electoral Commission — the body that conducts and supervises elections.

The proposal formed a key part of deliberations as lawmakers debated the general principles of a bill seeking to repeal the 2022 Electoral Act and enact a new Electoral Act 2025.

The move, they argued, would make the electoral process more credible, transparent and accountable.

The lawmakers also believed that, if signed into law, it would mark a turning point in the bid to reform Nigeria’s electoral framework ahead of the 2027 general elections.

Under the current law, petitioners who challenge election results bear the legal burden of proving irregularities — in line with the Evidence Act, which provides that “he who asserts, must prove.”

But several senators, including Senate President Godswill Akpabio, insisted that INEC — as the organiser and regulator of elections — should be held responsible for defending the integrity of the polls it conducts.

Leading the debate, Senator Seriake Dickson (Bayelsa West) argued that the reform was long overdue if Nigeria must strengthen its democracy.

“If there is one major achievement we must secure in this 10th Senate under your leadership, it should be meaningful electoral reform. We have the opportunity to modernise our system — authorise INEC to deploy more technology and back that authorisation with adequate funding.

“Our political parties are among the greatest challenges to our democracy; we must find ways to regulate and control party behaviour so democratic norms are strengthened. Critically, the burden of proof in electoral disputes must be reformed.

“Electoral matters are sui generis and require special treatment.

INEC conducts elections, appoints ad-hoc officials, collates and announces results; it should therefore bear the primary burden of proving that elections were conducted peacefully and in accordance with the law,” Dickson said.

Akpabio backed the proposal, saying the electoral umpire must be held accountable for the conduct of elections.

“I agree with Senator Dickson and other Senators who have called for shifting of burden of proof in electoral litigations from litigants to INEC being the organiser and supervisor of elections,” Akpabio said.

“INEC obviously must be held responsible because it is the one in charge of conduct and logistics, and is in the best position to carry the burden of proof in litigations.”

Beyond the contentious issue of proof, lawmakers also raised other electoral concerns, including the status of delegates at party primaries and the defection of elected officials.

Senator Abdul Ningi (Bauchi Central) urged the inclusion of all elected political officeholders as delegates during primaries, while Senator Muntari Dandutse (Katsina South) called for a clause that would compel defecting officeholders to lose their seats — a move he said would “strengthen multi-party democracy and restore Nigeria’s dignity in the international community.”

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Other contentious proposals

The new Electoral Act bill also proposes transferring the conduct of local government elections from state electoral commissions to INEC — a development expected to stir debate between federal and state authorities.

Another proposal seeks to make the use of the Permanent Voter Card optional for accreditation, alongside provisions for enhanced technology deployment and real-time transmission of results.

Despite the sensitive nature of the proposals, the bill sailed through second reading with minimal opposition following its public presentation, where many of the contentious issues had been discussed.

The fresh debate comes a week after the Senate suspended consideration of the Electoral Act repeal bill to allow for broader consultations.

The decision, led by Senate Leader Opeyemi Bamidele (APC, Ekiti) and Minority Leader Abba Moro (PDP, Benue), was to give senators time to engage stakeholders and fully grasp the bill’s far-reaching implications.

Senator Simon Lalong (APC, Plateau), who sponsored the bill as Chairman of the Senate Committee on INEC, described it as a “comprehensive reform, repeal and enactment — not a mere amendment.”

Lalong noted that while the 2022 Act introduced innovations such as electronic transmission of results, it also exposed deep flaws, including weak enforcement of electoral offences and disputes over result collation and voter registers.

Reform deadline set before December

Last month, Senate Leader Bamidele assured Nigerians that the amendment process would be concluded before December to allow sufficient time for implementation before the 2027 elections.

He explained that previous delays in the transmission of electoral amendment bills had hindered timely presidential assent, as seen under former President Muhammadu Buhari’s administration.

“Between now and December 2025, we will ensure that the amendment of the Electoral Act 2022 is concluded so that it will not be too close to the 2027 elections,” Bamidele said.

He reaffirmed the Senate’s commitment to strengthening Nigeria’s democracy through credible electoral laws and constitutional reforms, adding that “our focus is on rebuilding Nigeria, stabilising our polity and growing our economy — and we will never be distracted from this goal.”

As the Senate presses forward with its reform agenda, analysts say the proposed shift in burden of proof — if adopted — could mark one of the most significant overhauls of Nigeria’s electoral justice system since 1999.