Senate Moves to Shift Election Petition Burden of Proof to INEC Amid Debate on Electoral Reform Bill

The Senate has proposed transferring the burden of proof in election petitions from aggrieved candidates to the Independent National Electoral Commission (INEC), the body responsible for conducting and regulating elections. The proposal, part of deliberations on the Electoral Act 2025 Bill, seeks to enhance credibility, transparency and accountability in Nigeria’s electoral process.

Lawmakers argued that INEC, as the election umpire, should be held primarily accountable for defending the integrity of polls it conducts, marking what they described as a long-overdue reform ahead of the 2027 general elections. Senate President Godswill Akpabio and Senator Seriake Dickson supported the motion, insisting that it was time for INEC to “bear the burden of proving that elections were free, fair and credible.”

Senator Dickson, leading the debate, said the 10th Senate had a rare opportunity to modernise Nigeria’s electoral system by authorising INEC to deploy more technology backed with proper funding. He emphasised that “electoral matters are sui generis” and that the commission, which conducts elections, appoints ad-hoc staff, collates and announces results, should also defend the credibility of its processes.

Akpabio agreed, stating that since INEC is responsible for logistics and overall conduct, it is in the best position to defend the elections. Several lawmakers also called for reforms that would make political parties more accountable and compel defecting officeholders to vacate their seats to strengthen democracy.

Senator Simon Lalong, who sponsored the bill, described it as a comprehensive reform aimed at repealing and re-enacting the 2022 Electoral Act to fix flaws exposed during the last election, including weak enforcement of electoral offences and disputes over result collation. Senate Leader Opeyemi Bamidele assured that the amendment process would be completed before December 2025 to ensure adequate time for implementation before the 2027 polls.

Opposition parties, however, expressed concern. The Peoples Democratic Party warned that the proposal could be “dangerous and premature” arguing that INEC had yet to earn public trust. PDP Deputy National Youth Leader, Timothy Osadolor, said placing the entire burden of proof on INEC could be risky, given its credibility issues in past elections.

The Labour Party offered mixed reactions, with some factions warning that corrupt officials could exploit the new law, while others insisted that INEC should rightfully carry the proof since it possesses all election records. The New Nigeria People’s Party supported the proposal but urged that sanctions be imposed on candidates who file frivolous petitions.

If passed into law, analysts say the proposal could redefine Nigeria’s post-election litigation process — either strengthening electoral transparency or, as critics caution, giving excessive responsibility to an institution still battling credibility challenges.