Electoral Reform: Senate backs shift of burden of proof to INEC
As members of the Electoral Matters Committees in both chambers of the National Assembly gather in Lagos to discuss electoral reforms ahead of the 2027 general elections, the Senate has proposed that the Independent National Electoral Commission (INEC) should bear the burden of proof in election litigations.
The lawmakers, meeting at a retreat, are reviewing the Electoral Act 2022 and considering a new Electoral Act 2025 to guide future elections at all levels. The bill passed second reading on Wednesday after being stepped down last week.
During the debate, several senators called for amendments to ensure credible elections and strengthen democracy. They agreed that INEC, as the organiser of elections, should be responsible for proving that polls were properly conducted.
This marks a departure from the current position, which places the burden of proof on petitioners challenging election results, in line with the Evidence Act.
Senator Seriake Dickson, representing Bayelsa West, said transferring the burden of proof to INEC would enhance transparency and credibility. He urged the Senate to make electoral reform a major achievement of the 10th Assembly.
“The current rule that the challenger must prove irregularities is unfair,” he said. “INEC conducts elections, appoints officials, and collates results. It should bear the responsibility of proving that the process was lawful and credible.”
Senate President Godswill Akpabio supported the proposal, saying INEC must be accountable since it organises and supervises elections. “INEC should carry the burden of proof in litigations,” he said.
Other senators made additional recommendations. Senator Adamu Aliero called for the reinstatement of governors, federal and state lawmakers as statutory delegates at party primaries, saying their exclusion in 2022 was a mistake. Senator Abdul Ningi agreed, urging the inclusion of all elected political office holders as delegates.
Senator Muntari Dandutse from Katsina South proposed that any elected official who defects from the party that sponsored their election should lose their seat. He said this would strengthen Nigeria’s multiparty democracy and restore its credibility internationally.
