Senate Proposes Electoral Reforms, Wants INEC to Bear Burden of Proof in Election Petitions

Janet Samuel

As part of efforts to strengthen Nigeria’s electoral process ahead of the 2027 general elections, the Senate on Wednesday proposed a major reform that would transfer the burden of proof in election petitions from candidates and parties to the Independent National Electoral Commission (INEC).

Under the current legal framework, the petitioner challenging an election result is required to provide proof of irregularities, in line with the Evidence Act, which states that “he who asserts must prove.”

However, during debate on the general principles of a bill seeking to repeal the 2022 Electoral Act and enact a new 2025 version, several Senators, including Senate President Godswill Akpabio, argued that the responsibility should rest on INEC, as the body that organises and supervises elections.

Leading the argument, Senator Seriake Dickson of Bayelsa West emphasised that shifting the burden of proof to INEC would enhance transparency and public confidence in the electoral process.

“If there is one major achievement we must secure in this 10th Senate, it should be meaningful electoral reform,” Dickson said. “INEC conducts elections, appoints ad-hoc officials, collates and announces results. Therefore, it should bear the primary responsibility of proving that elections were conducted in line with the law and in a free and fair manner.”

He further urged the Senate to empower INEC with modern technology and adequate funding to ensure credibility in future elections while also calling for stricter regulation of political parties to promote internal democracy.

Senate President Akpabio backed the proposal, stressing that INEC should be accountable for the conduct and credibility of elections.

“I agree that the burden of proof in electoral disputes should rest with INEC,” Akpabio said. “As the body responsible for organising elections and handling logistics, INEC is best positioned to provide evidence when disputes arise.”

Beyond the issue of burden of proof, lawmakers also raised other reform proposals, including redefining the role of delegates at party primaries and addressing the growing trend of political defections.

Senator Abdul Ningi of Bauchi Central advocated that all elected political office holders be recognised as automatic delegates during party primaries. In contrast, Senator Muntari Dandutse of Katsina South called for provisions in the new law that would strip defecting politicians of their seats, arguing that such a measure would strengthen Nigeria’s multiparty democracy and restore credibility to the political system.

The Senate is expected to subject the proposals to further legislative scrutiny as deliberations on the new Electoral Act continue.