Senate Proposes Shift in Burden of Proof for Election Petitions

Senate Proposes Shift in Burden of Proof for Election Petitions

The Nigerian Senate has proposed a significant change to the electoral process by shifting the burden of proof in election petitions from aggrieved candidates to the Independent National Electoral Commission (INEC). This proposal is part of a bill seeking to repeal the 2022 Electoral Act and enact a new Electoral Act 2025.

Lawmakers backing the proposal argue that INEC, as the organiser and regulator of elections, should be held responsible for defending the integrity of the polls it conducts. They believe that this reform will make the electoral process more credible, transparent, and accountable.

Proposal
– Senate President Godswill Akpabio
– Senator Seriake Dickson

Both lawmakers argue that INEC should bear the primary burden of proving that elections were conducted peacefully and in accordance with the law.

If passed, this reform will mark a significant turning point in Nigeria’s electoral framework. It will require INEC to take greater responsibility for the integrity of elections and may lead to more credible and transparent electoral processes.

However, opposition parties, such as the Peoples Democratic Party, have expressed concerns that this move could undermine democracy. They argue that it may create an unfair advantage for the ruling party and undermine the ability of aggrieved candidates to challenge election results.

The proposal highlights the ongoing debates about electoral reform in Nigeria and the need for a more robust and credible electoral process .