The Senate on Wednesday, passed for second reading a bill
seeking the repeal of the 2022 Electoral Act and enactment of the 2025 Act,
during which it proposed for the shift of burden of proof on electoral
litigation from litigants to the Independent National Electoral Commission,
INEC, being the organiser and supervisor of the elections.
The current legal position in the Nigerian electoral
litigation maintains that the petitioner, who challenges an election result,
bears the initial and primary burden of proof in line with the Evidence Act,
which says “he who asserts, must prove.”
But during debate on general principles of the bill, many of
the Senators including the President of the Senate, Godswill Akpabio, posited
that the onus of proof in such litigation, should be placed on INEC.
Senator Seriake Dickson (PDP Bayelsa West), who first made
the submission in his contribution said burden of proof must shift to INEC to
make it more credible and transparent in the sensitive duty of electoral
conduct and supervision.
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.”
Dickson’s view was strongly supported by the President of
the Senate, Akpabio who said INEC must be held responsible for electoral
litigation.
“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 in
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,“ he said.
Aside from the burden of proof in electoral litigation,
other issues like eligible delegates at party primaries and defections of
elected political office holders from party that sponsored them for election to
another after assuming offices, were also raised by some Senators.
Senator Abdul Ningi (PDP Bauchi Central) in particular
during his contribution, urged his colleagues to remember inclusion of all
elected political office holders as eligible delegates for party primaries
while Senator Muntari Dandutse (APC Katsina South), called for provision in the
proposed Act, that will make defectors to loose their oppositions.
Doing so, according to him, will strengthen multi-party
democracy in Nigeria and make it to restore its dignity in the international
community.
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