The Senate advocated shifting the burden of proof in election petitions from candidates to the Independent National Electoral Commission (INEC), aiming to enhance the credibility, transparency, and accountability of Nigeria’s electoral process. The proposal, part of a bill to repeal the Electoral Act 2022 and enact a new Electoral Act 2025, sparked divisions among opposition parties, with the Peoples Democratic Party (PDP) warning it could jeopardize democracy due to INEC’s credibility issues.
Key Reforms Proposed
The bill seeks to make INEC primarily responsible for defending the integrity of elections it conducts. Senate President Godswill Akpabio and Senator Seriake Dickson championed the reform, arguing INEC should prove elections are free, fair, and credible. Dickson emphasized, “INEC conducts elections, appoints officials, collates, and announces results; it should bear the primary burden of proving elections were conducted lawfully.” Akpabio added that INEC, as the organizer, is best positioned to defend electoral outcomes.
Currently, petitioners challenging election results bear the burden of proving irregularities. The proposed shift aims to address the unique nature of electoral disputes.
Additional Proposals
The bill includes:
– Transferring local government election conduct from state electoral commissions to INEC.
– Making Permanent Voter Cards optional for accreditation, with increased technology use for real-time result transmission.
– Regulating party behavior, addressing delegate status in primaries, and proposing that defecting officeholders lose their seats. Senator Abdul Ningi suggested including elected officials as delegates in primaries, while Senator Muntari Dandutse advocated for penalties for defectors to bolster multi-party democracy.
The bill passed its second reading after consultations, following a week-long suspension for stakeholder engagement.
Opposition Reactions
The PDP called the proposal “dangerous and premature,” arguing INEC’s lack of neutrality makes it risky to entrust it with proving electoral integrity. The Labour Party’s factions had mixed views. Prince Tony Akeni supported the idea but warned of manipulation without penalties, citing INEC’s alleged delays in releasing 2023 election materials. Obiora Ifoh dismissed the plan, pointing to past irregularities in Imo and Adamawa, and advocated for full electronic voting.
The New Nigeria People’s Party’s Ladipo Johnson supported the reform but called for sanctions against baseless petitions. The Obidient Movement backed the Senate, stating, “The burden of proof rightly belongs to INEC. They hold the records and must affirm or contradict claims.”
Timeline and Commitment
Senate Leader Opeyemi Bamidele committed to concluding the reform by December 2025 for implementation before the 2027 elections. Sponsored by Senator Simon Lalong, the bill addresses flaws in the 2022 Electoral Act, including weak enforcement and disputes over voter registers and result collation.
Implications
If passed, the shift could transform Nigeria’s electoral litigation, potentially enhancing transparency or, as critics warn, relying too heavily on an institution with credibility challenges.
