Senate Moves To Place Burden Of Proof On INEC In Election Petitions

The Senate has taken a major step towards reforming Nigeria’s electoral process by proposing a change in the Electoral Act that would shift the burden of proof in election petitions from candidates to the Independent National Electoral Commission, INEC.

The move seeks to ensure that the electoral umpire, which conducts elections and controls electoral materials, bears responsibility for proving that its actions were lawful.

During Wednesday’s sitting, Senator Henry Seriake Dickson, of Bayelsa State, argued that the current rule—requiring petitioners to prove irregularities—undermines fairness and accountability.

He maintained that since INEC organizes the elections and keeps the materials, it should be the one to demonstrate that its conduct was transparent and legal.

President of the Senate, Godswill Akpabio supported the proposal, and stressed that it was illogical to assume that INEC’s actions were flawless when it controls both the conduct and logistics of elections.

Senator Akpabio emphasized that the change would enhance trust in the system and ensure that INEC is held accountable for its operations during and after elections.

Akpabio also noted that while Nigeria’s democracy has made significant progress under the Electoral Act 2022, there is still room for improvement ahead of the 2027 general election.

James Itodo, Edited By Grace Namiji