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Wednesday, October 22, 2025

Senate moves to shift burden of proof in electoral disputes to INEC

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…As lawmakers call for stiffer penalties for electoral offenders, condemn defections and electoral violence

By Henry Umoru, Abuja

The Senate has proposed a major reform to Nigeria’s electoral process, seeking to shift the burden of proof in election petitions from litigants to the Independent National Electoral Commission (INEC) as part of the ongoing process to repeal the Electoral Act 2022 and enact a new Electoral Bill, 2025.

Lawmakers made the proposal on Wednesday during debate on the general principles of the Bill for an Act to regulate the conduct of federal, state, and area council elections in the Federal Capital Territory. The bill was sponsored by Senator Simon Lalong (APC, Plateau South).

INEC Must Be Held Responsible — Akpabio

Presiding over the debate, Senate President Godswill Akpabio said INEC must be held accountable for the conduct and integrity of elections, stressing that the electoral umpire, being in custody of materials and logistics, should bear the responsibility of proving that elections were conducted in accordance with the law.

“I agree with Senator Dickson and other senators who have called for shifting the burden of proof in electoral litigations from litigants to INEC,” Akpabio said. “INEC is responsible for election logistics and conduct; it must therefore prove that the processes it supervises comply with the law.”

Dickson: Burden of Proof Must Shift to INEC

Senator Seriake Dickson (PDP, Bayelsa West) argued that the time had come to reform Nigeria’s evidential standard in electoral disputes.

“The current rule that the challenger must prove irregularities unfairly handicaps justice,” he said. “INEC conducts the elections, appoints ad-hoc officials, collates and announces results; it should therefore bear the primary burden of proving that elections were conducted peacefully and lawfully.”

Dickson noted that Nigeria must consolidate democratic gains and strengthen electoral integrity, citing examples from Ghana and other African democracies. He urged the Senate to modernize the system, empower INEC to deploy more technology, and ensure adequate funding.

Oshiomhole: Election Violence Fuels Crime

Senator Adams Oshiomhole (APC, Edo North) decried the militarization of elections and the post-election surge in crime caused by unrecovered weapons.

“After every election, crimes rise because weapons given to hoodlums during elections are not recovered,” he said. “Even under the current laws, we can have credible elections if we have a change of heart.”

He urged security agencies to be properly guided on their roles during elections to prevent abuse of power and violence.

Dandutse: Defections Degrading Nigeria’s Democracy

Senator Muntari Dandutse (APC, Katsina South) condemned political defections, describing them as “disgraceful and shameful,” and called for legal provisions to strip defectors of their seats.

“It is disgraceful to carry the people’s mandate to another party,” Dandutse said. “To restore the dignity of Nigeria’s democracy, we must ensure that people remain in the parties that brought them to office.”

He also urged that the number of registered political parties be reduced to not more than ten, arguing that many currently exist only on paper.

Senators Call for Stricter Sanctions and Electoral Reforms

Senator Sampson Ekong (APC, Akwa Ibom South) emphasized the need for a change of attitude toward electoral integrity, noting that laws alone cannot deliver credible polls without enforcement.

“We don’t lack the laws, but enforcement. We must ensure that results reflect the people’s will and that players see themselves as trustees of the people,” he said.

Senator Abdul Ningi (PDP, Bauchi Central) also urged the inclusion of all elected political officeholders as delegates in party primaries to strengthen internal democracy.

The Senate will now proceed to clause-by-clause consideration of the Electoral Bill, 2025, where proposed reforms—including the shift of evidential burden to INEC, stronger sanctions for electoral offenders, and regulation of defections—will be critically reviewed.

The post Senate moves to shift burden of proof in electoral disputes to INEC appeared first on Vanguard News.

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