….as senators propose shifting burden of proof on INEC, independent candidate, electronic transmission of results
By Haruna Salami
Electoral Act amendment bill with far reaching reforms has passed second reading in the Senate at plenary on Wednesday.
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 Councils in the Federal Capital Territory elections”, the bill was sponsored by the chairman, Senate Committee on INEC, Simon, Bako Lalong (Plateau South).
The red chamber has also suspended plenary for Thursday October 23, 2025 to enable members participate in a retreat on Electoral Act amendment scheduled to hold in Lagos.
Meanwhile, some of the amendments being proposed include passing the “burden of proof” in electoral matters to the electoral body, INEC.
In his contribution to the debate on bill, Senator Serieke Dickson (Bayelsa West) said as the lawmakers settle in Lagos, tomorrow (Thursday) “the burden of proof in electoral matters, must shift to INEC. The burden of proof in electoral matters, Mr. President. must shift to INEC. That is where it rightly and properly belongs.
“We should not subject it to the non-referential rule that says he who alleges must lose. How can we prove something we don’t even know? INEC is electoral body conducting election. INEC appraises people; a candidate and party that has no control over them.
Senator Adamu Aliero (Kebbi Central), while supporting the amendment said they have gone to Lagos twice on how we can amend the Electoral Act to make our election more effective.
The former governor of Kebbi state said the first thing they should do is to look at all the areas in the Electoral Act of 2022 and wherever we have inconsistencies and irregularities, we should try to remove them.
He gave the example of how in a haste to pass the Electoral Act in 2022, “we shot ourselves in the foot by removing senators, members of the House of Representatives, governors, and deputy governors, state assemblies, elected officials from being members of the delegates.
The Senate is also proposing electronic transmission of results, independent candidacy, diaspora voting, reliance on technology in the conduct of elections in the country.
Senator Adams Oshiomhole (Edo North) said what the nation must avoid is “election like war”, adding that as sitting governor he realised that AK 47 riffle is not cheap, it’s not buying akara”.
“After every election, crimes rise because weapons given to hoodlums during elections are not recovered and they are deployed for crimes when the people are abandoned.
“Even under the current laws we can have a credible election if we have a change of heart”.
The senators observed that over the years, from 1999 up to 2022, the National Assembly, has tinkered with the Electoral Act, all with the idea of bringing about power to the people by bringing to the fore fair, transparent electoral system, such as the issue of BIVAS, transmission of results electronically and in real times.
“Apart from the constitutional amendments that we are set to do, one of the most important assignments for this 10th assembly is to provide Nigeria with an Electoral Act that can stand the test of time. And this is an opportunity for all of us”.
In his remarks, the Senate President, Godswill Akpabio, himself a lawyer, agreed with his colleagues that the “burden of proof” in electoral matters must shift to INEC.