The Senate, on Wednesday, the 22nd of October, 2025, advanced deliberations on a new bill to repeal the 2022 Electoral Act and introduce the 2025 version.
The proposal, which scaled its second reading, seeks to transfer the burden of proof in election petitions from the petitioners to the Independent National Electoral Commission (INEC) , the body responsible for organizing and supervising elections.
Under the current arrangement, the law places the initial responsibility on the petitioner who challenges election outcomes, in line with the Evidence Act, which provides that “he who asserts, must prove.”
During the debate, several lawmakers, including Senate President Godswill Akpabio, argued that the onus of proof should rest with INEC.
Leading the argument, Senator Seriake Dickson (PDP, Bayelsa West), stressed that electoral credibility demands that INEC, as the chief organiser of elections, must demonstrate that its processes were transparent and lawful.
He said: “If there is one major achievement we must secure in this 10th Senate under your leadership, it should be meaningful electoral reform.
We have the opportunity to modernize our system: authorise INEC to deploy more technology and back that authorisation with adequate funding.
Our political parties are among the greatest challenges to our democracy; we must find ways to regulate and control party behaviour so democratic norms are strengthened.
Critically, the burden of proof in electoral disputes must be reformed. Electoral matters are sui generis and require special treatment.
The current rule that the challenger must prove alleged irregularities unfairly handicaps the process.
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. We should reflect this change in the Electoral Act.”
Backing Dickson’s submission, Akpabio emphasized that INEC must take responsibility for the outcomes of the elections it conducts.
READ ALSO: Dickson Calls for Bold Electoral Reform, Says ‘Burden of Proof Must Shift to INEC’
He said: “I agree with Senator Dickson and other Senators who have called for shifting of burden of proof in electoral litigation from litigants to INEC being the organiser and supervisor of elections.
INEC obviously must be held responsible because it is the one responsible for conduct of the election, logistics for the elections and in the best position to carry the burden of proof in litigation.”
Beyond the issue of proof, senators also touched on party primaries and defections by elected officials.
Senator Abdul Ningi (PDP, Bauchi Central) called for the inclusion of all elected officeholders as automatic delegates during primaries, while Senator Muntari Dandutse (APC, Katsina South) proposed that any elected official who defects from the party that sponsored their election should lose their position.
Dandutse argued that enforcing this measure would strengthen Nigeria’s multi-party democracy and enhance the nation’s political credibility globally.