Senate seeks shift of burden of proof in electoral cases to INEC
The Senate on Wednesday proposed that the burden of proof in election petitions should rest with the Independent National Electoral Commission (INEC) rather than with litigants, as part of efforts to strengthen electoral credibility ahead of the 2027 general elections.
Under the current legal framework, petitioners challenging election results bear the primary responsibility of proving their claims, in line with the Evidence Act which stipulates that “he who asserts must prove.”
However, during debate on the general principles of the bill to repeal the 2022 Electoral Act and enact a new 2025 version, many senators, including Senate President Godswill Akpabio argued that INEC should bear this responsibility since it organises and supervises elections.
Seriake Dickson (Bayelsa West), who first made the proposal, said the shift was necessary to enhance transparency and accountability in the electoral process.
“If there is one major achievement we must secure in this 10th Senate under your leadership, it should be meaningful electoral reform,” Dickson said.
“We have the opportunity to modernise our system, authorise INEC to deploy more technology and support that with adequate funding.
“Critically, the burden of proof in electoral disputes must be reformed. 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 in accordance with the law.”
Senate President Akpabio backed Dickson’s submission, noting that INEC, as the organiser and supervisor of elections, must be held accountable in the event of disputes.
“I agree with Senator Dickson and other senators who have called for the shifting of the burden of proof in electoral litigations from litigants to INEC,” Akpabio said.
“INEC must be held responsible because it conducts the elections, manages logistics, and is in the best position to defend the credibility of its process.”
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Beyond the debate on the burden of proof, other senators raised additional issues for consideration in the proposed electoral law, including the eligibility of elected political office holders as delegates during party primaries and the need to address cross-carpeting by elected officials.
Abdul Ningi (Bauchi Central) advocated for the inclusion of all elected office holders as eligible delegates in party primaries, while
Muntari Dandutse (Katsina South) called for provisions that would compel defectors to lose their positions after switching parties.
According to Dandutse, such reforms would strengthen Nigeria’s multi-party democracy and restore the nation’s political integrity in the international community.
