The Senate on Wednesday proposed a major reform in Nigeria’s electoral legal framework — seeking to shift the burden of proof in election petitions from aggrieved candidates to the Independent National Electoral Commission (INEC), which conducts and supervises elections in the country.
The proposal emerged during debate on the general principles of a bill seeking the repeal of the Electoral Act 2022 and the enactment of a new Electoral Act 2025.
Lawmakers argued that the existing law places an unfair responsibility on petitioners who challenge election results, rather than on the electoral body that manages the process.
Under the current legal regime, based on the Evidence Act, the burden of proof rests primarily on the petitioner — following the principle that “he who asserts must prove.” But several senators, led by Senator Seriake Dickson (PDP, Bayelsa West), insisted that this provision should be reviewed to enhance transparency and strengthen Nigeria’s democracy.
In his submission, Senator Dickson emphasised that the Tenth Senate must seize the opportunity to deliver “meaningful and far-reaching electoral reform” as one of its landmark achievements.
“If there is one major achievement we must secure in this 10th Senate under your leadership,” he said, addressing Senate President Godswill Akpabio, “it should be meaningful electoral reform.
“We’ve the opportunity to modernize our system — authorise INEC to deploy more technology and back that authorisation with adequate funding.”
Dickson stressed that political parties remain one of the greatest challenges to Nigeria’s democracy, calling for stronger regulation of party conduct and internal democracy.
“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,” he said.
The former Bayelsa governor then focused on what he described as a critical reform — the burden of proof in election litigation.
“Electoral matters are sui generis and require special treatment,” he said. “The current rule — that the challenger must prove alleged irregularities — unfairly handicaps the process.
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. We should reflect this change in the Electoral Act.”
Senate President Godswill Akpabio strongly endorsed Dickson’s argument, saying the electoral umpire must be held accountable for the integrity of the elections it conducts.
“I agree with Senator Dickson and other Senators who have called for shifting the burden of proof in electoral litigations from litigants to INEC,” Akpabio declared. “INEC must be held responsible because it is the organiser and supervisor of elections. It is in the best position to carry the burden of proof in litigations.”
Akpabio argued that the proposed amendment would not only enhance public trust in the electoral system but also compel INEC to improve its internal documentation, logistics, and post-election transparency.
Beyond the issue of burden of proof, the Senate also debated other critical areas that could reshape Nigeria’s electoral process, including eligibility of delegates in party primaries and the issue of political defections.
Senator Abdul Ningi (PDP, Bauchi Central) urged his colleagues to ensure that all elected political office holders — from councilors to governors — are recognized as eligible delegates during party primaries. He said such inclusion would deepen internal party democracy and give elected officials a voice in the nomination process.
Senator Muntari Dandutse (APC, Katsina South), in a related contribution, called for a firm legal provision that would strip defectors of their elective offices if they abandon the political parties that sponsored their elections.
According to Dandutse, “Doing so will strengthen Nigeria’s multi-party democracy and restore its dignity in the international community. Lawmakers and executives who defect after winning elections undermine the stability of the political system.”
The proposed overhaul of the Electoral Act comes amid growing national debate about Nigeria’s electoral credibility, the independence of INEC, and the rising cost of election litigation.
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