The Nigerian Senate has proposed transferring the burden of proof in election petitions from aggrieved candidates to the Independent National Electoral Commission (INEC), in a move aimed at deepening electoral transparency and accountability.
The proposal was a major highlight of Wednesday’s plenary as lawmakers debated the general principles of a bill seeking to repeal the 2022 Electoral Act and replace it with a new Electoral Act 2025.
Supporters of the amendment argued that INEC, as the body responsible for conducting and supervising elections, should also be responsible for defending the integrity of those elections in court.
Senate President Godswill Akpabio and former Bayelsa State Governor, Senator Seriake Dickson, were among those who threw their weight behind the proposal. They contended that the electoral umpire should “bear the burden of proving that elections were free, fair, and credible,” describing the move as a vital reform that could restore public confidence in Nigeria’s electoral system ahead of the 2027 general elections.
According to proponents, the amendment would relieve aggrieved candidates of the heavy evidentiary burden often placed on them in challenging electoral outcomes, thereby promoting fairness and balance in post-election litigations.
However, the proposal sparked sharp disagreement among opposition lawmakers, particularly from the Peoples Democratic Party (PDP), who warned that shifting the burden entirely to INEC could have unintended consequences and weaken democratic processes.
Despite the division, senators agreed that a review of Nigeria’s electoral framework was necessary to correct loopholes and ensure that future elections are more transparent, credible, and reflective of the people’s will.
