The Nigerian Senate has proposed transferring the burden of proof in election petitions from aggrieved candidates to the Independent National Electoral Commission (INEC), marking a major step in its bid to reform the country’s electoral process.
This proposal formed a key highlight of Wednesday’s debate on a bill seeking to repeal the Electoral Act 2022 and enact a new Electoral Act 2025. Lawmakers argued that the reform would make future elections more transparent, credible, and accountable.
Under the current law, candidates challenging election outcomes must prove irregularities in line with the Evidence Act, which holds that “he who asserts must prove.” However, senators are now advocating that INEC — as the body responsible for conducting and supervising elections — should bear that responsibility.
Leading the debate, Senator Seriake Dickson (Bayelsa West) said the change was long overdue if Nigeria’s democracy must mature.
“If there’s one major achievement the 10th Senate must deliver, it’s meaningful electoral reform. INEC should deploy more technology, backed by adequate funding, and must carry the primary burden of proving that elections were conducted in line with the law,” Dickson stated.
He also called for stronger regulation of political parties, describing them as “a major challenge to Nigeria’s democratic growth.”
Senate President Godswill Akpabio supported the motion, insisting that INEC must be held accountable for the elections it organizes.
“I agree with Senator Dickson and others that the burden of proof should shift to INEC. It is the organiser and regulator of elections and should defend the integrity of its own process,” Akpabio said.
Other Reform Proposals
The bill also seeks to:
- Transfer the conduct of local government elections from state electoral commissions to INEC.
- Make the use of the Permanent Voter Card (PVC) optional during accreditation.
- Strengthen the deployment of technology and ensure real-time transmission of election results.
Senator Abdul Ningi (Bauchi Central) proposed including all elected officeholders as delegates during party primaries, while Senator Muntari Dandutse (Katsina South) pushed for a provision that would strip defecting officeholders of their seats — a move he said would “protect Nigeria’s democracy and political stability.”
Timetable for Electoral Reforms
Senate Leader Opeyemi Bamidele (APC, Ekiti) assured Nigerians that the amendment process would be completed before December 2025 to allow sufficient time for implementation ahead of the 2027 general elections.
“Between now and December, we will ensure that the new Electoral Act is ready. It must not come too close to the 2027 polls,” he said.
Bamidele added that the Senate’s focus remains on strengthening Nigeria’s democracy through credible electoral and constitutional reforms.
Analysts’ View
Observers have described the proposed shift in the burden of proof as one of the most far-reaching changes to Nigeria’s electoral justice system since 1999. If adopted, it could redefine how post-election disputes are handled and enhance public confidence in future elections.
