Senate Urges INEC to Safeguard Election Integrity

Senate Proposes Shifting Burden of Proof in Election Petitions to INEC

The Senate has proposed a significant shift in the burden of proof for election petitions, suggesting that the Independent National Electoral Commission (INEC) should bear the responsibility of proving the integrity of elections rather than the candidates challenging the results. This proposal is part of the broader deliberations on the new Electoral Act 2025 Bill, which aims to repeal the 2022 Electoral Act.

This move is seen as a step toward enhancing the credibility, transparency, and accountability of Nigeria’s electoral process. However, it has sparked division among opposition parties, with some warning that it could undermine democratic principles.

Key Points of the Proposal

• Burden of Proof: The proposal suggests that INEC, as the organizer and regulator of elections, should be responsible for defending the integrity of polls it conducts.
• Support from Lawmakers: Senators such as Godswill Akpabio and Seriake Dickson argue that this reform is necessary to strengthen democracy ahead of the 2027 elections.
• Current Law: Under the existing law, petitioners who challenge election results must prove irregularities, following the principle that “he who asserts must prove.”

Arguments for the Reform

• Accountability: Lawmakers argue that INEC should be held accountable for the conduct of elections, as it is in the best position to carry the burden of proof.
• Modernization: The proposal includes plans to modernize the electoral system by authorizing INEC to use more technology and ensuring adequate funding.
• Regulation of Political Parties: There is a call to regulate and control party behavior to strengthen democratic norms.

Concerns from Opposition Parties

• PDP Criticism: The Peoples Democratic Party (PDP) has warned that shifting the burden of proof to INEC could be dangerous, given the body’s current credibility issues.
• Labour Party Division: While some factions of the Labour Party support the proposal, others express concerns about potential corruption and lack of sincerity.
• Real-Time Results: Some argue that full electronic voting and real-time result uploads are necessary for transparency.

Other Proposed Reforms

• Local Government Elections: The bill proposes transferring the conduct of local government elections from state electoral commissions to INEC.
• Permanent Voter Card: The use of the Permanent Voter Card for accreditation would be optional, alongside provisions for enhanced technology deployment.
• Defection of Officeholders: A clause is proposed to compel defecting officeholders to lose their seats, aiming to strengthen multi-party democracy.

Debate and Consultation

The Senate has suspended consideration of the Electoral Act repeal bill to allow for broader consultations. This decision was made to give senators time to engage stakeholders and fully understand the bill’s implications.

Reform Deadline

Senate Leader Opeyemi Bamidele has assured Nigerians that the amendment process will be concluded before December 2025 to allow sufficient time for implementation before the 2027 elections.

Mixed Reactions

• Support from Some Groups: The Obidient Movement, a group supporting Peter Obi, supports the proposal, arguing that INEC should be responsible for proving election integrity.
• Opposition from Others: The Labour Party’s Abure-led faction dismisses the plan, citing past irregularities and judicial overreach in elections.
• Sanctions for Spurious Cases: Some voices, like that of Ladipo Johnson from the New Nigeria People’s Party, argue that aggrieved politicians should face sanctions for bringing spurious cases.

Conclusion

If passed into law, the proposal to shift the burden of proof to INEC could significantly reshape Nigeria’s post-election litigation landscape. Analysts suggest it could either deepen transparency or, as critics warn, place too much trust in a body still struggling with credibility.