Electoral Act: Lawmakers want INEC to take full burden of proof on election litigation

Electoral Act: Lawmakers want INEC to take full burden of proof on election litigation

Some senators have insisted that the amendment to Nigeria’s Electoral Act must place the full burden of proof on the Independent National Electoral Commission (INEC) in the event of election litigations.

The lawmakers shared their minds on Wednesday at plenary when debate resumed on 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 elections.

The News Agency of Nigeria (NAN) reports that the Senate had on Thursday, Oct. 16, postponed further consideration of the bill, stating that the time was not auspicious for debate.

The Senate had also emphasized the need for additional consultations on the bill before further proceedings.

Senate Majority Leader, Sen. Opeyemi Bamidele (APC-Ekiti), had also stressed the need for lawmakers to fully understand the general principles and details of the bill, hence the postponement of further considerations to another legislative date.

At the resumed debate on the bill on Wednesday, President of Senate, Godswill Akpabio, said that INEC must be held responsible for the elections it conducted, saying that the burden of proof on election outcomes lie on INEC.

He said that INEC should be able to prove that the elections it conducted were done in line with provisions of the law.

“They are in charge of logistics and electoral materials, every action at the election and so they should be able to prove and validate the outcome of every election.”

He said that the National Assembly would put in its best on the electoral act amendment bill for the good of all Nigerians and the nation’s electoral system.

Corroborating, Sen.Seriake Dickson (PDP-Bayelsa) said that the burden of proof on electoral matters should lie with INEC alone, not the election disputes contenders in court.

He also advocated for the deployment of advanced technology in election matters, such as BVAS, and increased funding for the commission.

Sen. Lere Oyewumi (PDP-Osun) advocated the provision of stiffer penalties for election offenders to serve as deterrents to other would-be offenders.

Sen. Mohammed Monguno (APC-Borno) said that conducting a credible party primary was key to conducting credible general elections.

He said that the sought amendment should regulate party primaries, especially regarding what candidates spend on them.

According to him, there is a need to curb the incidence of vote buying in the election system.

Sen. Garba Maidoki (APC – Kebbi) said that measures should be devised for Nigerians in the Diaspora to be involved in the nation’s electoral process, given their contributions to the nation’s economy through remittances, which are boosting economic growth.

Sen. Adamu Alero (APC-Kebbi) said efforts should be made to remove all the inconsistencies in the act, stating that elected officials should be included in political party primaries through their participation on the delegate lists.

He advocated the elimination of all forms of electoral malpractice via the improved use of BVAS and other technology to make elections in Nigeria free and fair.

“Let us work to improve the BVAS, to announce what ever is the election results,” Alero said.

Other lawmakers who supported the introduction of improved technology for the nation’s electoral process included Senators Orji Uzor Kalu(APC-Abia) and Ali Ndume (APC-Borno), among others.

NAN reports that the bill, which passed second reading, was referred to the Senate Committee on INEC for further legislative inputs.

Vanguard News

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