October 27, (THEWILL) — On the day Prof. Joash Amupitan, was sworn into office as Chairman of the Independent National Electoral Commission, INEC, the Senate, which had suspended deliberation on constitutional and electoral proposals, resumed their deliberations, which may give him a breather in office.
This time around, additional features, like the transfer of the burden of proof in election petitions from aggrieved candidates to the Independent National Electoral Commission, compulsory deployment of electronic transmission of results in real time and an Electoral Offenses Tribunal, would relieve the Commission of the burden that had contributed to its lack-lustre performance in the past.
The proposals, if passed, will repeal the 2025 Electoral Act. The enacted Electoral Act 2025, the senators argue, will make the elections more credible, fairer and freer.
At Amupitan’s swearing in on that Thursday that the Senate debated the proposed reforms, President Bola Tinubu at the State House, Abuja, charged the new INEC boss to protect the integrity of Nigeria’s electoral process and strengthen the institutional capacity of the commission.
“The credibility of our elections rests on the commission’s ability to remain impartial and uphold the highest standards of integrity. I urge you to defend that mandate,” the President said.
Clad in a white agbada and gold cap, Amupitan arrived at the State House in the morning, exchanging pleasantries with guests before the ceremony. He was accompanied by senior government officials and presidential aides.
Amupitan, 58, a professor of law and Senior Advocate of Nigeria (SAN), was nominated by President Tinubu and endorsed by the National Council of State. His appointment follows the expiration of Professor Mahmood Yakubu’s tenure, which ran from 2015 to October 2025.
During his Senate screening, the new INEC Chairman outlined his vision for restoring credibility to Nigeria’s electoral system. He promised to prioritise reforms that would strengthen the Electoral Act, streamline election timelines and rebuild public confidence in the commission.
“We must conduct elections in such a way that even the loser will congratulate the winner and say, ‘You won fairly and well.’ When that happens, voters’ confidence will naturally be restored,” Amupitan told lawmakers. The Senate proposals may contain the principles that may help him fulfil his promises.
The Senate proposals formed a key part of deliberations as lawmakers debated the general principles of a bill seeking to repeal the 2022 Electoral Act and enact a new Electoral Act 2025.
In a bipartisan spirit, Senator Seriake Dickson of the Peoples Democratic Party and President of the Senate, Godswill Akpabio, submitted that if INEC were to bear the burden of proving that elections were free, fair and credible, the electoral system would have been strengthened in a way that might also impact the internal democracy of political parties.
In the Electoral Act of 2022, the petitioners who challenge election results bear the legal burden of proving irregularities in line with the Evidence Act.
According to Senator Dickson, representing Bayelsa West, the proposed reform has been behind schedule.
He said, “If there is one major achievement we must secure in this 10th Senate under your leadership, it should be meaningful electoral reform. We have the opportunity to modernise our system — authorise INEC to deploy more technology and back that authorisation with adequate funding. Our political parties are among the greatest challenges to our democracy; we must find ways to regulate and control party behaviour so democratic norms are strengthened. Critically, the burden of proof in electoral disputes must be reformed. Electoral matters are sui generis and require special treatment. INEC conducts elections, appoints ad-hoc officials, collates and announces results; it should therefore bear the primary burden of proving that elections were conducted peacefully and in accordance with the law.”
Supporting him, Akpabio said, “I agree with Senator Dickson and other Senators who have called for shifting of burden of proof in electoral litigations from litigants to INEC being the organiser and supervisor of elections. INEC obviously must be held responsible because it is the one in charge of conduct and logistics, and is in the best position to carry the burden of proof in litigations.”
Other proposals included making use of the Permanent Voter Card optional for accreditation, that the conduct of Local Government Election be transferred to INEC and the provisions for enhanced technology deployment and real-time transmission of results. Others are the proposal to have an Electoral Offenses Court to try election offenders and the inclusion of political appointees as delegates to national conventions of political parties.
The proposals contained in the bill sponsored by the Senator Simon Lalong led Senate Committee on INEC, passed its second reading in the Senate on Thursday. Senate Leaders, Opeyemi Bamidele promised Nigerians that the electoral and constitutional amendment would take place before December 2025 for enough time for execution before the 2027 polls.
According to Senator Bamidele, previous delays in the transmission of electoral amendment bills had hindered timely presidential assent, particularly during former President Muhammadu Buhari’s administration.
“Between now and December 2025, we will ensure that the amendment of the Electoral Act 2022 is concluded so that it will not be too close to the 2027 elections,” Bamidele said.
Speaking with THEWILL, Mr Monday Ubani, a Senior Advocate, SAN, argued that if electoral reforms are passed with the required vigour, the INEC Chairman would succeed. He is supportive of the move that the burden of proof should be removed from the petitioner of election, and put on the electoral umpire which has the task to conduct a free and fair election.
“Apart from these reforms, a law on the deployment of technology in the transmission of results from the polling units without any impairments must be passed for him to be able to accomplish his duty,” Ubani said.
While other stakeholders welcome the proposals being debated by the Senate, almost all of them, without reservations, expect that the senior lawmakers will look into the call to stop the executive arm of government from the appointment of the INEC Chairman.
“It is the man who appoints and orders whoever works at INEC will likely benefit because his interests will be protected by those he appointed,” said My Luka Binniyat, spokesperson for the Middle Belt Forum.
While awaiting that aspect of the reform to happen, Binniyat., however, gives the INEC Chairman the benefit of the doubt.
“We can hope that somebody of his qualification should have the courage to uphold certain standards that would leave his reputation intact.”
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
