Senate seeks to shift burden of proof on INEC in election petitions under new Electoral Act

By Musa Baba Adamu

The Senate yesterday passed for second reading a bill seeking the repeal of the 2022 Electoral Act and enactment of the 2025 Act, during which it proposed for the shift of burden of proof on electoral litigation from litigants to the Independent National Electoral Commission, (INEC), being the organiser and supervisor of the elections.
Peoples Daily reports that the current legal position in the Nigerian electoral litigation maintains that the petitioner, who challenges an election result, bears the initial and primary burden of proof in line with the Evidence Act, which says “he who asserts, must prove.”
But during debate on general principles of the bill, many of the Senators including the President of the Senate, Godswill Akpabio, posited that the onus of proof in such litigation, should be placed on INEC.
Senator Seriake Dickson (PDP Bayelsa West), who first made the submission in his contribution said burden of proof must shift to INEC to make it more credible and transparent in the sensitive duty of electoral conduct and supervision.
He said: “If there is one major achievement we must secure in this 10th Senate under your leadership, it should be meaningful electoral reform.
“We have the opportunity to modernize our system: authorise INEC to deploy more technology and back that authorisation with adequate funding.
“Our political parties are among the greatest challenges to our democracy; we must find ways to regulate and control party behaviour so democratic norms are strengthened.
“Critically, the burden of proof in electoral disputes must be reformed. Electoral matters are sui generis and require special treatment.
“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 peacefully and in accordance with the law. We should reflect this change in the Electoral Act.”
Dickson’s view was strongly supported by the President of the Senate, Akpabio who said INEC must be held responsible for electoral litigation.
“I agree with Senator Dickson and other Senators who have called for shifting of burden of proof in electoral litigation from litigants to INEC being the organiser and supervisor of elections .
“INEC obviously must be held responsible because it is in the one responsible for conduct of the election , logistics for the elections and in the best position to carry the burden of proof in litigation,“ he said.
Aside from the burden of proof in electoral litigation, other issues like eligible delegates at party primaries and defections of elected political office holders from party that sponsored them for election to another after assuming offices, were also raised by some Senators.
Senator Abdul Ningi (PDP Bauchi Central) in particular during his contribution, urged his colleagues to remember inclusion of all elected political office holders as eligible delegates for party primaries while Senator Muntari Dandutse (APC Katsina South), called for provision in the proposed Act, that will make defectors to loose their oppositions.
Doing so, according to him, will strengthen multi-party democracy in Nigeria and make it to restore its dignity in the international community.