The Senate has passed the Electoral Act Amendment Bill, 2025 through its second reading, which proposes a major shift in election law by placing the burden of proof on INEC (Independent National Electoral Commission) in election petition cases.
Senate President Godswill Akpabio announced the bill’s passage during Wednesday’s plenary session after it secured a majority through a voice vote.
The bill was subsequently referred to the Senate Committee on Electoral Matters for further deliberation and a public hearing, with the committee directed to report back within two weeks.
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The bill was sponsored by the Chairman of the Senate Committee on Electoral Matters, Simon Lalong (APC, Plateau South), and aims to strengthen Nigeria’s legal framework for elections.
Initially presented the previous Thursday, the bill was stepped down for wider consultation before being extensively debated by lawmakers on Wednesday.
Presenting the bill, Lalong acknowledged that while the Electoral Act 2022 introduced significant reforms, it also exposed weaknesses, including:
- Delays in the release of election funds.
- Disputes regarding voter registers.
- “Conflicting interpretations of result transmission.”
- Weak enforcement of electoral offenses.
He explained that the new legislation intends to enhance the independence of INEC by shielding it from “political interference and government control.”
During the debate, Senators largely agreed that the current legal standard, which requires the petitioner to bear the burden of proof, is “unfair and undermines electoral justice.”
They proposed that INEC, as the body responsible for conducting the elections, should instead be responsible for proving that elections were “free, fair and credible.”
Lawmakers also expressed concern over the growing threat from political actors to democratic institutions and called for increased funding and support for INEC to allow it to utilize more technology in future elections.
Akpabio commended the continuous improvements in the electoral system, stating that “elections have improved in the country since the Peoples Democratic Party (PDP) left power, we have had improvements but we are not yet there.”
He urged continued reforms to boost transparency and public trust in the electoral process.
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