•PDP, LP, CUPP speak
By Clifford Ndujihe, John Alechenu & Luminous Jannamike
LEADING opposition political parties have endorsed the move of the Senate to shift the burden of proof in election petitions to the Independent National Electoral Commission, INEC, instead of aggrieved petitioners in the ongoing Electoral Act amendment process.
Parties that backed the move, yesterday are the main opposition Peoples Democratic Party, PDP; Labour Party, LP; and the Coalition of United Political Parties, CUPP.
Let NEC prove its elections’re fair — PDP legal adviser
Deputy National Legal Adviser of the PDP, Mr Okechukwu Osuoha, said it would be beneficial to hold the INEC responsible for proving that the elections it conducts are credible and in line with the law.
Osuoha said the move, which is part of the Senate’s ongoing effort to review the Electoral Act ahead of the 2025 general elections, would make the electoral umpire more accountable and strengthen public confidence in the voting process.
In an exclusive interview with Vanguard, he described the proposal as a ‘welcome development,’ saying it would ease the heavy burden that election petitioners currently face in court.
“They want to remove that burden from the petitioner who is challenging an election, and I believe that is a welcome development for our electoral system. It has always been a major challenge to prove election petition cases in court or at tribunals,” Osuoha said.
He explained that the existing legal principle, which requires petitioners to prove their claims beyond reasonable doubt, has made it almost impossible for aggrieved candidates to win election disputes, even when there are visible irregularities.
“In law, the principle is that he who asserts must prove, and the burden of proof rests on the person making the claim. You must prove your case beyond reasonable doubt. This has made it extremely difficult for petitioners in election matters,” he said.
Osuoha, who was part of the PDP’s legal team during the last general elections, recalled the difficulties his party faced in trying to obtain materials from INEC during the election petition hearings.
“When we alleged electoral malpractices and subpoenaed INEC to produce materials, it was a struggle to get them to comply. Eventually, when they did appear, they presented result sheets that were either blank or altered with correction fluid. Yet the court didn’t compel them to prove anything,” he recounted.
Osuoha also expressed support for another proposed change that would make electronic accreditation and electronic transmission of results mandatory in future elections.
“That was a major issue in the last election. If it becomes law, it will further strengthen the integrity of our electoral process,” he noted.
Shifting the burden of proof to INEC good if … — LP
Also speaking, the Senator Nenadi Usman-led LP described the move a welcomed development, if pursued with sincerity.
National Publicity of the Interim National Committee, Tony Akeni said this in response to Vanguard’s question on the subject.
Akeni said, “On the surface, the proposed amendment to shift the burden of proof to INEC for the integrity, credibility and acceptability of electoral results sounds great, if pursued with sincerity.
“Our reservation and worry is the scarcity of sincerity in the affairs of Nigeria’s political class.
If they are sincere with this move, they must build in adequate penalties for culprits of INEC who will cash in on the new amendments and see election results as trading stock for the highest bidder who can pay for corrupt INEC officials to back their position on the outcomes of elections, whether as petitioners or declared winners.
“Our other reservation stems from Labour Party’s experience in the 2023 presidential election petitions. When the then INEC Chairman, Prof. Yakubu Mahmood, was required by Peter Obi’s PEPT counsels to provide IREV and other sensitive result evidences of various states for cross-examination.
“INEC under Mahmood ensured that maximum injurious delay was suffered by Labour Party until the tribunal deadline for submission of proofs and cross-examination virtually expired.
“Our counsels had to address numerous press conferences to pressure Mahmood to comply, yet he didn’t budge till the time frame allowed by the election tribunals virtually expired.
“Under such circumstances, a dishonest INEC taking over the role of burden of proof would make no difference. So adequate enforceable punitive measures and compensatory benefits to petitioners should be built into the proposed amendments to make for post-election justice and promote electoral integrity and transparency.
CUPP backs Senate
On its part, National Secretary of the coalition, Chief Peter Ameh said: “This proposed amendment marks a significant departure from the longstanding practice where petitioners – often individual candidates with limited resources – bear the onerous responsibility of proving electoral malfeasance.
“Under the new framework, INEC, as the custodian of the electoral process, will now be legally obligated to demonstrate that elections were conducted in accordance with the highest standards of integrity and due process.
“If enacted and implemented in good faith, this reform promises to revolutionize Nigeria’s electoral jurisprudence in profound ways.
“It will alleviate the crushing evidential and financial burdens that have historically deterred legitimate challenges to flawed elections, thereby leveling the playing field for all political actors.
“By holding INEC accountable for its actions – or inactions – the amendment fosters greater transparency, fairness, and public trust in our democratic institutions. It sends a clear message that no entity, however powerful, is above scrutiny in safeguarding the sanctity of the ballot.
“As a nation still healing from the scars of contentious polls, this move is a timely antidote to the cynicism that has eroded faith in our electoral system. It empowers ordinary citizens and political underdogs to seek redress without the fear of prohibitive costs or insurmountable proof hurdles, ultimately strengthening the democratic fabric of our beloved country.
“To render this proposed amendment truly effective, it is imperative that we establish an Electoral Offences Tribunal or dedicated commission to prosecute such infractions swiftly, ensuring that perpetrators of electoral fraud face the full weight of legal consequences for their actions.”
The post Election Petition: Opposition parties back Senate on shifting burden of proof to INEC appeared first on Vanguard News.
