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By Lizzy Chirkpi
The Senate on Wednesday passed for second reading a bill seeking to repeal the Electoral Act 2022 and introduce sweeping reforms to the nation’s electoral process.
A key amendment proposed in the proposed law is a clause shifting the burden of proof in election petitions from litigants to the Independent National Electoral Commission (INEC), which conducts and supervises elections.
The bill, titled “A Bill for an Act to Repeal the Electoral Act, No. 13, 2022 and Enact the Electoral Bill, 2025 to Regulate the Conduct of Federal, State and Area Council Elections in the Federal Capital Territory, and for Related Matters” (SB. 903), was sponsored by Senator Simon Bako Lalong (APC, Plateau South), Chairman of the Senate Committee on Electoral Matters.
Under the current legal framework, a petitioner challenging an election result bears the initial responsibility of proving irregularities, in line with the Evidence Act, which provides that “he who asserts must prove.”
Among the key reforms proposed in the new bill are provisions aimed at strengthening INEC’s independence and insulating it from political interference. It also mandates the electronic transmission of election results from polling units and collation centres, expands the use of technology such as the Bimodal Voter Accreditation System (BVAS), and provides for adequate funding to enhance the commission’s efficiency. The bill further seeks to recognise all elected political office holders as eligible delegates during party primaries, sanction defectors by stripping them of their seats, and possibly reduce the number of registered political parties to ensure better regulation and discipline among them.
During debate on the general principles of the bill, several senators including the President of the Senate, Godswill Akpabio argued that the onus of proof in election litigation should rest on INEC.
Senator Seriake Dickson (PDP, Bayelsa West), who first raised the issue, said credible and transparent elections could only be achieved if the electoral umpire assumes responsibility for defending the integrity of its processes.
“If there is one major achievement we must secure in this 10th Senate under your leadership, it should be meaningful electoral reform,” Dickson said.
“We have the opportunity to modernize our system and 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.”
Supporting the proposal, Senate President Akpabio said INEC must be held accountable for the elections it conducts.
“I agree with Senator Dickson and other Senators who have called for shifting the 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 in charge of the conduct and logistics of elections and is in the best position to carry the burden of proof in litigation,” Akpabio affirmed.
Beyond the debate on the burden of proof, lawmakers also discussed other potential reforms, including the status of eligible delegates during party primaries and penalties for political defections.
Senator Abdul Ningi (PDP, Bauchi Central) urged that all elected political office holders be recognised as eligible delegates during party primaries, while Senator Muntari Dandutse (APC, Katsina South) called for a provision in the new Act that would strip defectors of their positions.