The Senate on Wednesday, passed for second reading a bill seeking the repeal of the 2022 Electoral Act and enactment of the 2025 Act. The Senate 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.
The current legal position in the Nigerian electoral litigation states 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.”
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.
“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,” he said.
The Senate president, Akpabio supported Dickson’s view, stressing that 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,“ said the Senate president.
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, charged 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. According to him, this will strengthen multi-party democracy in Nigeria and restore its dignity in the international community.
