By Luminous Jannamike
ABUJA — The Deputy National Legal Adviser of the Peoples Democratic Party (PDP), Barrister Okechukwu Osuoha, has expressed support for a proposed amendment to the Electoral Act that would make the Independent National Electoral Commission (INEC) responsible for proving the credibility and legality of elections it conducts.
Osuoha said the initiative, which is part of the Senate’s ongoing review of the Electoral Act ahead of the 2025 general elections, would enhance accountability and strengthen public trust in the electoral process.
In an interview with Vanguard in Abuja on Thursday, the PDP lawyer described the proposal as a “welcome development,” noting that it would ease the heavy evidentiary burden currently placed on petitioners in election cases.
“They want to remove that burden from the petitioner who is challenging an election, and I believe that is a welcome development for our democracy. It has always been a major challenge to prove election petitions in court or at tribunals,” Osuoha said.
He explained that under existing law, petitioners must prove their claims beyond reasonable doubt — a standard that has made it difficult for aggrieved candidates to succeed, even when irregularities are apparent.
“The principle in law is that he who asserts must prove. 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 challenges the party faced in obtaining election materials from INEC during the petition hearings.
“When we alleged electoral malpractices and subpoenaed INEC to produce materials, it was a struggle to get them to comply,” he recounted.
He added that the proposed amendment would compel INEC to ensure greater transparency, since it would bear the responsibility of proving that its elections were credible.
“If this amendment passes, INEC will become more accountable, knowing that the burden of proof lies with it. This will encourage the Commission to conduct elections in a free and fair manner,” he said.
Osuoha also endorsed another proposed amendment mandating electronic accreditation and electronic transmission of results, saying it would further enhance the integrity of future polls.
“That was a major issue in the last election. If it becomes law, it will help strengthen the credibility of our electoral process,” he said.
The PDP legal adviser added that the Senate’s ongoing electoral reforms could help close long-standing loopholes and ensure that future elections reflect the genuine will of the people.
“If INEC knows that everyone will look to them to justify how an election was conducted, they will be more careful and transparent,” he said.
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