Election Petition: Senate Moves To Place Burden On Proof On INEC

The burden of proof of irregularity of elections may soon be placed on the shoulders of Independent National Electoral Commission (INEC) instead of the litigants, as contained in the Electoral Act 2010, if a proposed amendment on the extant law on the floor of the Senate finally scales through .
A Bill to place burden of proof of regularity or otherwise of elections on the INEC in the face of post election litigations, yesterday passed second reading in the Senate chambers.
The bill sponsored by Hadi Sirika (APC-Katsina North), is part of series of member bills in the Senate, seeking for amendment in the Electoral Act 2010 and other related matters.
Senator Sirika, in his lead debate, said the bill as against the law of evidence which says “he who asserts must prove”, seeks to shift the burden of first proof from petitioner to INEC.
According to him, “This bill provides that the burden of proof of the regularity of the conduct of an election must first of all shift to the body that conducted the election after which other burdens of proof will then shift to the petitioner who alleged that the election was not properly conducted”.
He expressed confidence that if the bill becomes a law, it will shorten litigation time, make INEC to live up to its responsibilities and promote transparency.
The senator also pointed out that It would also reduce the difficulties petitioners face while trying to get the necessary documents to support their petitions.
However, during debate on the bill, senators were divided over whose right it was to provide the burden of proofs in election petition cases.
Some argued that since the Electoral Act categorically states that the onus of proof should be the responsibility of the petitioner, it was needless trying to give the responsibility to INEC.
While most of the Senators opposed the bill and vehemently spoke against the it Senators who supported the bill , encouraged their colleagues to vote for its passage on the note that the Evidence Act was an old law that had outlived its relevance.
They also argued that many litigants usually encounter serious problems in accessing relevant documents necessary to prove their cases in court because all of them are in the custody of INEC.
The bill was referred to Senate Committees on Constitution Review and INEC for more legislative process.

Nneka Amaechi-Nnadi, Abuja