The Senate has proposed transferring the burden of proof in election petitions from aggrieved candidates to the Independent National Electoral Commission (INEC), in what lawmakers describe as a major reform to strengthen Nigeria’s electoral integrity.
The proposal emerged on Wednesday during deliberations on the general principles of a bill seeking to repeal the 2022 Electoral Act and enact a new Electoral Act 2025.
Under current law, petitioners challenging election results must prove irregularities, but senators argued that INEC — as the body that conducts and supervises elections — should be responsible for defending the credibility of the process.
Leading the debate, Senator Seriake Dickson (Bayelsa West) said the reform was long overdue, adding that the 10th Senate must deliver “meaningful electoral reform” that modernizes voting procedures and reinforces accountability.
“INEC conducts elections, appoints ad-hoc officials, collates and announces results; it should therefore bear the primary burden of proving that elections were conducted peacefully and in accordance with the law,” Dickson said.
Senate President Godswill Akpabio supported the proposal, stating that INEC must take full responsibility for the elections it organizes. “INEC obviously must be held responsible because it is in charge of conduct and logistics, and is in the best position to carry the burden of proof in litigations,” he said.
Other lawmakers raised related issues, including the recognition of elected officials as delegates during party primaries and penalties for politicians who defect after elections. Senator Muntari Dandutse (Katsina South) called for an automatic loss of seat for defectors to preserve party discipline.
The new bill also seeks to empower INEC to conduct local government elections — a proposal expected to generate tension between federal and state governments. It further recommends optional use of the Permanent Voter Card and expanded deployment of election technology.
Sponsored by Senator Simon Lalong (APC, Plateau), Chairman of the Senate Committee on INEC, the bill passed second reading with little opposition. Lalong described it as a “comprehensive repeal and reenactment” addressing weak enforcement of electoral offences and disputed result collation.
Senate Leader Opeyemi Bamidele (APC, Ekiti) assured that the legislative process would be completed before December to ensure sufficient time for implementation ahead of the 2027 elections.
Analysts say the proposed reform, if enacted, could significantly alter Nigeria’s electoral justice framework and redefine INEC’s accountability in future polls.
