Election Petitions: Senate Proposes Transferring Burden of Proof to INEC

By our Reporter

The Nigerian Senate has proposed an amendment to the Electoral Act to shift the burden of proof in election petitions from candidates to the Independent National Electoral Commission (INEC).

The proposal came during plenary as lawmakers debated a bill seeking to reform electoral litigation processes.

Former Governor of Bayelsa State, Senator Henry Seriake Dickson, argued that transferring the evidential burden to INEC would strengthen public confidence in the electoral system. According to him, the conventional rule that “he who alleges must prove” should no longer apply in election disputes.

“It is INEC that conducts elections and keeps the materials. It must therefore show that its conduct was lawful,” Dickson said.

Senate President Godswill Akpabio supported the proposal, describing it as logical and necessary for fairness. “It is wrong to assume that whatever INEC does is perfect. INEC should be held accountable because it controls electoral materials and logistics,” Akpabio said. “Therefore, it should bear the responsibility in court to prove that its actions were lawful and reflected the will of the people.”

Akpabio further noted that while Nigeria’s democracy had progressed under the Electoral Act 2022, more improvements were needed to guarantee transparency and credibility ahead of the 2027 general elections. “We are improving, but we are not yet perfect. We must continue to review the law to ensure INEC is fully accountable and that our elections truly reflect the people’s choice,” he added.

Other senators echoed similar sentiments, calling for reforms to strengthen electoral integrity through improved technology, stronger accountability mechanisms, and stiffer penalties for malpractice.

Senator Ekong Sampson stressed that enforcement of electoral laws remained weak despite having robust legislation. “Elections are not conducted by ghosts. Our laws are strong, but enforcement is weak. We must strengthen sanctions and ensure that those who operate the system act as trustees of the people’s mandate,” he said.

Also contributing, Senator Mohammed Adamu Aliero urged a thorough review of the Electoral Act, admitting that the 2022 version was passed hastily and contained errors. “We shot ourselves in the foot by excluding senators, House members, governors, and other elected officials from being delegates. That was a mistake we must fix,” he noted.

On his part, Senator Adams Oshiomhole condemned electoral violence, warning that it remained a major threat to democracy and must be decisively addressed in future reforms.