As preparations intensify ahead of the 2027 general elections, the Nigerian Senate has proposed a major amendment to the nation’s electoral laws — seeking to transfer the burden of proof in election disputes from petitioners to the Independent National Electoral Commission (INEC).
Under the current legal framework, the Evidence Act places the responsibility on petitioners who challenge election results to prove irregularities, following the principle that “he who asserts must prove.” However, during Wednesday’s debate on the general principles of the bill seeking to repeal the 2022 Electoral Act and enact the 2025 version, many lawmakers, including Senate President Godswill Akpabio, argued that INEC, as the body that conducts and supervises elections, should bear that responsibility.
Senator Seriake Dickson of Bayelsa West was among the first to advocate for the shift, stressing that credible electoral reform should be one of the major achievements of the 10th Senate. He said the move would ensure greater transparency and accountability in Nigeria’s electoral process.
“If there’s one major legacy we must secure in this Senate, it’s genuine electoral reform,” Dickson said. “We must modernize the system, empower INEC with more technology, and provide the necessary funding. Our political parties remain one of the biggest challenges to democracy, and their conduct must be regulated to strengthen democratic values.”
He further explained that the current rule placing the burden of proof on petitioners is unfair and weakens public confidence in the system. “INEC conducts elections, appoints ad-hoc officials, collates and announces results. It should therefore bear the primary responsibility of proving that elections were conducted in line with the law,” he added.
Senate President Akpabio backed Dickson’s position, stating that INEC must be held accountable for the integrity of elections it organizes. “I agree with Senator Dickson and others who believe the burden of proof should shift to INEC. As the body responsible for logistics and conduct, it is best positioned to defend the credibility of its own process,” Akpabio said.
Beyond the issue of burden of proof, lawmakers also discussed other key areas of reform, including the definition of eligible delegates during party primaries and the fate of elected officials who defect from the parties that sponsored them.
Senator Abdul Ningi of Bauchi Central urged the inclusion of all elected officeholders as eligible delegates in party primaries, while Senator Muntari Dandutse of Katsina South proposed that defectors should lose their positions once they switch parties. He argued that such a provision would strengthen Nigeria’s multiparty democracy and restore its political integrity globally.
As reported by Zoyols Blog, the ongoing debate reflects the Senate’s growing resolve to address flaws in the electoral system and ensure that future elections are more credible, transparent, and fair to all stakeholders.
