From David Onuoja, Abuja
The opposition political party Peoples Democratic Party (PDP), have endorsed the move by the Senate to shift the burden of proof in election petitions to the Independent National Electoral Commission (NEC), instead of aggrieved petitioners in the ongoing Electoral Act amendment process.
It was learnt that, major political parties, PDP; Labour Party (LP); and the Coalition of United Political Parties (CUPP), all backed the move.
Deputy National Legal Adviser to PDP, Mr Okechukwu Osuoha, said it would be beneficial to hold the INEC responsible for proving that the elections it conducts are credible and in line with the law.
According to him, “the move, which is part of the Senate’s ongoing effort to review the Electoral Act ahead of the 2027 general elections, would make the electoral umpire more accountable and strengthen public confidence in the voting process.
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According to information from Vanguard, he described the proposal as a ‘welcome development,’ saying it would ease the heavy burden that election petitioners currently face in court.
“They want to remove that burden from the petitioner who is challenging an election, and I believe that is a welcome development for our electoral system. It has always been a major challenge to prove election petition cases in court or at tribunals,” Osuoha said.
He explained that the existing legal principle, which requires petitioners to prove their claims beyond reasonable doubt, has made it almost impossible for aggrieved candidates to win election disputes, even when there are visible irregularities or evidences.
“In law, the principle is that he who asserts must prove, and the burden of proof rests on the person making the claim. You must prove your case beyond reasonable doubt. This has made it extremely difficult for petitioners in election matters,” he said.
Osuoha, who was part of the PDP’s legal team during the last general elections, recalled the difficulties his party faced in trying to obtain materials from INEC during the election petition hearings.
“When we alleged electoral malpractices and subpoenaed INEC to produce materials, it was a struggle to get them to comply. Eventually, when they did appear, they presented result sheets that were either blank or altered with correction fluid. Yet the court didn’t compel them to prove anything,” he recounted.
Osuoha also expressed support for another proposed change that would make electronic accreditation and electronic transmission of results mandatory in future elections.
“That was a major issue in the last election. If it becomes law, it will further strengthen the integrity of our electoral process,” he added.
