The Senate has initiated moves to amend the nation’s electoral law by shifting the burden of proof in election petitions from candidates to the Independent National Electoral Commission (INEC), a reform aimed at enhancing the credibility and accountability of Nigeria’s electoral process.

This followed deliberations at Wednesday’s plenary during consideration of “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.”

Before the bill, which passed its second reading on the floor of the Red Chamber, the Joint Committees on Electoral Matters of both the Senate and the House of Representatives had held a public hearing to gather input from stakeholders.

During debate on the bill, Senator Seriake Dickson (Bayelsa West) argued that the greatest threat to democracy remains the political elite, and therefore called for a paradigm shift in the nation’s electoral jurisprudence.

He maintained that INEC, being the custodian of election materials and processes, must bear the responsibility of proving that elections it conducted were free, fair, and credible beyond reasonable doubt.

“The burden of proof in electoral matters must shift to INEC, that is where it belongs,” Dickson said.

“We must move away from the principle that he who alleges must prove. INEC should be made to demonstrate that elections were peacefully and transparently conducted,” the lawmaker said.

He further urged the National Assembly to grant INEC the necessary legal authority to deploy more technology in election management and to provide the commission with adequate funding to ensure efficiency and transparency.

In his contribution, Senator Ekong Samson (Akwa Ibom South) stated that Nigeria’s challenge is not the absence of sound electoral laws, but rather the failure to enforce them.

“We must confront our attitude toward electoral integrity,” Samson said.

“Without discipline, we leave our democracy in peril. The laws are there; enforcement is what we lack. Politicians must see themselves as trustees of the people, and our laws must promote values that outlive us,” he added.

Also speaking, Senator Muntari Dandutse (Katsina South) threw his weight behind the proposal to transfer the conduct of local government elections from the State Independent Electoral Commissions (SIECs) to INEC.

He described the current proliferation of political parties as unnecessary, calling for their reduction to not more than ten, and condemned the trend of political defections among governors and lawmakers.

“It is disgraceful and degrading to take a mandate won under one political party to another,” Dandutse said. “We must restore the dignity of Nigerians by stopping this political migration.”

In his remarks, Senate President Godswill Akpabio aligned with the call to place the burden of proof on INEC, noting that the commission should be held accountable for the conduct of elections under its watch.

“I agree that INEC must be held responsible,” Akpabio stated. “They are in charge of logistics and in custody of election materials; therefore, they must prove that the process they supervised complied with the provisions of the law.”

The introduction of the Electoral Act (Repeal & Enactment) Bill, 2025 (SB. 903), marks a bold step toward overhauling Nigeria’s electoral framework.

Unlike previous piecemeal amendments, the proposed legislation seeks a total repeal and re-enactment, a comprehensive legal restructuring intended to close loopholes and strengthen areas exposed as weak by the last election cycle and various tribunal rulings.

A major highlight of the proposed law is the compulsory deployment of technology in all stages of the electoral process, including the electronic transmission of results from polling units and collation centres. This provision aims to enhance transparency, accuracy, and public confidence in election outcomes.

The bill also proposes stronger legal backing for the Bi-modal Voter Accreditation System (BVAS), ensuring its effective use in accreditation and result management.

Other key reforms include: Reforming INEC’s structure and appointments to guarantee institutional independence and professionalism; introducing diaspora voting to allow Nigerians abroad to participate in future elections; and establishing an Electoral Offences Commission to investigate and prosecute electoral crimes, thereby curbing impunity.