Senate’s bill on election regularity scales second reading

A bill to make the Independent National Electoral Commission (INEC) take responsibility for proving the regularity of elections before election tribunals or courts passed second reading at the Senate on Thursday.

The bill seeks to shift the burden of proving the regularity in elections to the shoulders of INEC rather than the litigants and also reduce litigation time, when it becomes law.

Sponsor of the bill, Senator Hadi Sirika (APC-Katsina), in his lead debate, noted that the process of proving the regularity or otherwise of the conduct of an election was highly burdensome.

Sirika said that as such, the burden was not supposed to be on the petitioner who did not conduct the election but only participated in it.

“The onus of proving the regularity of an election ought to be a burden discharged by the body or organisation that prepared, arranged for and conducted the election.”

While noting that it was settled under the evidence law that “he who asserts must prove”, Sirika said that the bill sought to reverse the trend.

“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.

“The burden of first proof having been discharged by INEC will then shift to the petitioner who alleged that the election was not properly conducted.”

He expressed optimism that if the bill became law, it would shorten litigation time, make INEC live up to its responsibility and promote transparency.

He appealed to his colleagues to support the bill, saying that although new, it would be a welcome change.

Speaking in favour of the bill, Sen. Atai Aidoko (APC-Kogi) said that petitioners were often frustrated while trying to get documents to file their cases.

He added that in some cases, the time given to file papers would even elapse and the petitioner would still be looking for documents.

Aidoko argued that if the burden of proof  was shifted to INEC, it would greatly shorten the time for litigation and make the process faster.

Senator Abdul Ningi (PDP-Bauchi), who also supported the bill, said that the issue of he who asserts must prove was an 18th century assertion which must be discarded.

Ningi maintained that INEC must be made to be accountable for all its actions and inaction.

Opposing the bill, Sen. Heineken Lokpobiri (PDP-Bayelsa) reiterated that it was the  party who asserted that should prove.

Lokpobiri argued that the bill was unmeritorious, had no basis and should therefore be “thrown into the dustbin.”

According to him, the bill cannot fly because the onus of who should prove the regularity or otherwise of an election is a matter of evidence that has been taken care of in the Evidence Act.

He added that Nigeria’s legal system originated from England and it was standard practice for Commonwealth countries that any party that alleged was the one that proved.

Senator James Manager (PDP-Delta) also spoke against the bill reiterating that the onus of proof was with the person who alleged.