The Senate has begun moves to amend Nigeria’s electoral law by transferring the burden of proof in election petitions from candidates to the Independent National Electoral Commission (INEC), in a bid to strengthen accountability and restore confidence in the nation’s electoral system.
The proposal came up during Wednesday’s plenary as lawmakers debated “A Bill for an Act to Repeal the Electoral Act, No. 13, 2022, and Enact the Electoral Bill, 2025.” The bill, which passed second reading, seeks to overhaul the legal framework guiding federal, state, and area council elections across the country.
Senator Seriake Dickson (Bayelsa West), who led the debate, argued that INEC, as custodian of election materials and processes, should bear the responsibility of proving that elections it conducted were free, fair, and credible.
“The burden of proof must rest with INEC. It is the institution that manages elections, so it must demonstrate transparency and integrity in its conduct,” Dickson said. He further urged the National Assembly to empower INEC legally and financially to deploy technology for credible polls.
Supporting the motion, Senator Ekong Samson (Akwa Ibom South) said Nigeria’s problem lies not in the absence of sound laws but in weak enforcement. “Without discipline and integrity, our democracy remains at risk. Politicians must act as trustees of the people,” he added.
Senator Muntari Dandutse (Katsina South) also backed the reform, calling for local government elections to be conducted by INEC rather than state electoral commissions. He further proposed reducing the number of political parties to no more than ten and condemned the growing trend of political defections.
Senate President Godswill Akpabio supported the idea of shifting the burden of proof to INEC, insisting that the commission must be held accountable for the elections it conducts. “INEC is responsible for logistics and custody of materials. It should prove that the process complied with the law,” Akpabio said.
The Electoral Act (Repeal and Enactment) Bill, 2025 (SB. 903) represents a comprehensive overhaul of the existing electoral law. It introduces mandatory use of technology at all stages of elections, including electronic transmission of results from polling units, to boost transparency and accuracy.
Other key provisions include:
Legal backing for the Bi-modal Voter Accreditation System (BVAS);
Institutional reforms to ensure INEC’s independence and professionalism;
Introduction of diaspora voting for Nigerians abroad; and
Establishment of an Electoral Offences Commission to investigate and prosecute electoral crimes.
The proposed legislation marks a major step toward building public trust and ensuring credible elections ahead of the 2027 general polls.
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