The Senate has proposed transferring the burden of proof in election petitions from aggrieved candidates to the Independent National Electoral Commission (INEC), the body responsible for conducting and supervising elections.
This proposal emerged on Wednesday during deliberations on the general principles of a bill seeking to repeal the Electoral Act 2022 and introduce a new Electoral Act 2025.
Lawmakers supporting the amendment said it would make Nigeria’s electoral process more credible, transparent, and accountable. However, opposition lawmakers—particularly from the Peoples Democratic Party (PDP)—warned that the idea could endanger democracy.
The proposal, which featured prominently in Wednesday’s debate, seeks to make INEC primarily responsible for defending the integrity of elections it conducts.
According to its sponsors, including Senate President Godswill Akpabio and Senator Seriake Dickson (Bayelsa West), INEC should bear the responsibility of proving that elections are “free, fair, and credible.” They described the reform as a long-overdue step toward strengthening democracy ahead of the 2027 general elections.
Currently, under the Evidence Act, the legal burden of proving irregularities rests with petitioners—those who challenge election outcomes. But many senators argued that this arrangement unfairly favours INEC and must be changed.
Senator Dickson said, “If there is one major achievement we must secure in this 10th Senate, it should be meaningful electoral reform. INEC conducts elections, appoints officials, collates results, and announces winners; it should therefore be responsible for proving that elections were conducted lawfully and peacefully.”
Akpabio agreed, stressing that “INEC must be held accountable as the body in charge of logistics and overall election conduct—it is in the best position to defend its processes.”
Beyond the issue of proof, senators also discussed other reforms—such as granting all elected officeholders delegate status at party primaries and penalising defecting lawmakers by removing them from office.
Senator Abdul Ningi (Bauchi Central) proposed that all elected officials be recognised as delegates, while Senator Muntari Dandutse (Katsina South) urged the inclusion of a clause that would strip defectors of their seats, saying it would “strengthen multi-party democracy and restore Nigeria’s dignity internationally.”
Key Proposals in the Bill
The new Electoral Act 2025 Bill also suggests transferring the responsibility for conducting local government elections from state electoral commissions to INEC—an idea expected to stir debate between federal and state authorities.
Another proposed clause would make the use of the Permanent Voter Card (PVC) optional, while encouraging wider technological deployment and real-time transmission of results.
Despite the contentious proposals, the bill passed second reading with minimal opposition after a public presentation where most key issues were previously debated.
Last week, the Senate had suspended consideration of the Electoral Act repeal bill to allow for more consultations. Senate Leader Opeyemi Bamidele (APC, Ekiti) and Minority Leader Abba Moro (PDP, Benue) said the pause would enable lawmakers to engage stakeholders and understand the bill’s broader implications.
Bill sponsor and Chairman of the Senate Committee on INEC, Senator Simon Lalong (APC, Plateau), described the initiative as “a comprehensive reform and reenactment, not just an amendment.”
Lalong noted that although the 2022 Act introduced innovations such as electronic result transmission, it also exposed deep flaws, including weak enforcement of electoral offences and disputes over result collation and voter registers.
Reform Timeline
Senate Leader Bamidele assured Nigerians that the legislative process would be completed before December 2025 to allow sufficient time for implementation ahead of the 2027 elections.
He explained that past delays in transmitting electoral amendment bills had hindered presidential assent—an issue that affected reforms under former President Muhammadu Buhari.
“Between now and December 2025, we will ensure that the amendment process is completed so it doesn’t come too close to the 2027 elections,” Bamidele said. “Our focus remains on rebuilding Nigeria, stabilising the polity, and strengthening democracy.”
Opposition Parties React
The PDP rejected the idea, describing it as “dangerous and premature.” PDP Deputy National Youth Leader Timothy Osadolor argued that INEC lacked the credibility to handle such responsibility.
He said, “INEC cannot yet be trusted to be neutral or transparent. Making it the sole bearer of proof could destroy democracy. INEC must first rebuild its credibility before taking on such a role.”
The Labour Party (LP) expressed mixed reactions.
Spokesperson Prince Tony Akeni (of the Nenadi Usman faction) said the idea “sounds progressive” but warned that corrupt INEC officials might exploit it unless strict penalties are introduced.
He cited the 2023 presidential election as an example, recalling how Peter Obi’s legal team was allegedly denied timely access to election materials. “Under such circumstances,” Akeni said, “a dishonest INEC taking on the burden of proof would make no difference.”
In contrast, LP spokesperson Obiora Ifoh (of the Abure faction) dismissed the proposal, saying, “We’ve seen elections where INEC itself admitted irregularities but courts still installed other candidates. With such a record, giving INEC that burden is risky.”
He argued that only full electronic voting and real-time uploads could guarantee transparency: “As long as human interference remains, manipulation will persist.”
The New Nigeria People’s Party (NNPP), however, supported the Senate’s initiative.
Its National Publicity Secretary Ladipo Johnson said it would help discourage frivolous petitions. “If a candidate files a baseless case, he should bear the cost once INEC proves the results were credible,” he said.
Similarly, the Obidient Movement, led by Dr. Yunusa Tanko, backed the Senate’s move.
“I fully support it,” Tanko said. “INEC holds the official records—it should defend them. That’s how democracy works.”
Analysts say that if passed, the proposal to shift the burden of proof to INEC could fundamentally reshape Nigeria’s post-election litigation process—either by improving transparency or, as critics warn, by entrusting too much power to an institution still battling credibility issues.
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