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Opposition Parties Back Senate on Shifting Burden of Proof to INEC in Election Petitions

Leading opposition parties, including the Peoples Democratic Party (PDP), Labour Party (LP), and Coalition of United Political Parties (CUPP), have endorsed the Senate’s proposal to shift the burden of proof in election petitions to the Independent National Electoral Commission (INEC) as part of the ongoing Electoral Act amendment process.

PDP’s Deputy National Legal Adviser, Okechukwu Osuoha, called the move a “welcome development” that would enhance INEC’s accountability and public trust in elections. He noted the current burden on petitioners to prove claims beyond reasonable doubt makes winning disputes challenging, citing difficulties in obtaining materials from INEC during past petitions. Osuoha also supported making electronic accreditation and result transmission mandatory to strengthen electoral integrity.

LP’s National Publicity Officer, Tony Akeni, welcomed the proposal but stressed the need for sincerity and punitive measures to prevent INEC officials from manipulating results. He referenced delays by former INEC Chairman Mahmood Yakubu in providing evidence during the 2023 presidential election petitions, urging enforceable penalties and compensatory benefits for petitioners.

CUPP’s National Secretary, Peter Ameh, described the amendment as a significant shift, relieving petitioners of heavy evidential and financial burdens. He said it would promote transparency, fairness, and trust in democratic institutions, but emphasized the need for an Electoral Offences Tribunal to swiftly prosecute fraud and ensure accountability.

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