Senate Proposes Shift in Burden of Proof to INEC in Election Petitions

Harmony ifeanyi
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The Nigerian Senate has proposed a significant change to the country's electoral process, suggesting that the Independent National Electoral Commission (INEC) should bear the burden of proof in election petitions, rather than candidates. This move aims to increase transparency and accountability in the electoral system ¹ ² ³.

Under the current law, petitioners challenging election results must prove irregularities. However, senators argue that INEC, as the body conducting and supervising elections, should be responsible for defending the credibility of the process. Senate President Godswill Akpabio emphasized that INEC must take full responsibility for the elections it organizes, stating, "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".

The proposal is part of a bill seeking to repeal the 2022 Electoral Act and enact a new Electoral Act 2025. The bill has passed its second reading and will undergo further deliberation and public hearing ⁴ ⁵.

This reform could significantly alter Nigeria's electoral justice framework and redefine INEC's accountability in future polls. Analysts believe it will promote transparency and trust in the electoral process ⁵.
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