Senate Proposes Shift of Burden of Proof in Election Petitions to INEC in Landmark Electoral Reform Bill

The Nigerian Senate has proposed a major change to the nation’s electoral framework, calling for the transfer of the burden of proof in election petitions from aggrieved candidates to the Independent National Electoral Commission (INEC). This proposal emerged as lawmakers debated the general principles of a bill seeking to repeal the Electoral Act 2022 and enact a new Electoral Act 2025.

During Thursday’s plenary session, senators described the amendment as a significant step toward deepening electoral integrity and accountability in Nigeria. They argued that the current system, which places the burden of proof on candidates challenging election results, often discourages genuine grievances due to the enormous financial and logistical hurdles involved in gathering evidence.

According to the lawmakers, placing this responsibility on INEC — the body constitutionally mandated to conduct, supervise, and manage elections — would ensure greater transparency and public trust in the process. It would also compel the Commission to maintain and safeguard all electoral materials and digital records to substantiate the legitimacy of declared results when disputes arise.

Senators across party lines voiced strong support for the proposed reform, emphasizing that it could mark a turning point in Nigeria’s democratic journey. They maintained that ensuring INEC bears the evidential burden in cases of electoral dispute would deter malpractice and reinforce the Commission’s accountability to the electorate.

The bill, which seeks to overhaul key aspects of the current electoral law, is part of broader efforts to reform Nigeria’s electoral system ahead of the 2027 general elections. Lawmakers expressed optimism that, once passed and signed into law, the Electoral Act 2025 would set a new benchmark for credible, transparent, and people-centered elections in the country.

By Ibrahim B.Benita

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