TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Shifting onus of proof to INEC – Daily Independent

The Citizen by The Citizen
April 17 2014
in Public Affairs, Uncategorized
A A
0

Asking INEC to assume an unconstitutional responsibility of proving the propriety or not of a petitioner’s grouse against an election conducted by the same INEC will amount to an abuse of the Law of Evidence.  

It is not surprising that the bill before the senate seeking that the onus of proof in election petitions be shifted to the Independent National Electoral Commission (INEC) has met with large displeasure and disapproval from sizeable number of senators as well as the members of the public. The bill, which is sponsored by Senator Hadi Sirika, has scaled the second reading. According to the senator, “ whereas the law of evidence vests the onus of proof on the petitioner, the bill seeks to reverse the trend by its search to incorporate it into the Electoral Act.” It is this deliberate move to infringe on the extant Law of Evidence and the subsisting Evidence Act, which has rightly caused the necessary uproar and disdain that has trailed the bill. This Newspaper feels that the bill lacks merit and should be thrown out by the senate especially as it seeks to infringe on the existing Law of Evidence.

It is instructive that Senator Sirika even expresses awareness that the Law of Evidence established that the onus of proof resides with the petitioner in every issue. We feel that until there are formal constitutional amendments that will repeal the existing Law of Evidence and the subsisting Evidence Act, it will amount to a waste of time and resources by the senate to continue considering that bill. That is why we are worried that such a contradictory bill has successfully scaled the second reading. The Evidence Act 2011 is very clear in its stipulations concerning onus of proof. As contained in the Act, the onus of proof is vested upon the petitioner. To that extent we are of the view that the Evidence Act should be upheld.

The sponsor of the bill argued its purpose further thus, “ It will shorten litigation time, make INEC live up to its responsibility and promote transparency.” But he did not explain how these could work. We feel that due process of the law must not be subverted on the exigency of time. Asking INEC to assume an unconstitutional responsibility of proving the propriety or not of a petitioner’s grouse against an election conducted by the same INEC will amount to an abuse of the Law of Evidence.  Rather than seek a new law that shifts onus of proof to INEC, the senate should compel INEC to readily cooperate with both the petitioner and the tribunal in every election petition by promptly providing all relevant evidence that will help in adjudicating the petition urgently and forthrightly.

We feel the onus of proof is not the problem but the bottlenecks in legal processes as well as the delays by the INEC in providing required evidence at election courts. Only recently, the Electoral Act was amended to direct that litigations over electoral results must not go for more than 90 days. We feel much of the fears for election petitions such as Senator Sirika expresses will be allayed if INEC, the judiciary and concerned stakeholders adhere to the stipulations of the Electoral Act and the Evidence Act.

The judiciary and INEC, going by the Electoral Act, already have their hands full. Adding the shifting of onus of proof on INEC will definitely amount to one too many. However, we call upon INEC to prepare better than ever to conduct a good election while making itself available to promptly provide required evidence at election courts to enhance smooth dispensation of justice. This will be more beneficial than the plan to subvert the Law of Evidence through shifting onus of proof.

 

Previous Post

Power outage: Nsukka Business Community protests over exploitation by Enugu Electricity Disco

Next Post

Deadly threat of Ebola Virus – Punch

Related Posts

Tele-robotic surgery: Nigeria needs more medical feats – Punch
Public Affairs

Tele-robotic surgery: Nigeria needs more medical feats – Punch

September 25 2026
2027: Voter registration figures must mirror turnout – Punch
Public Affairs

2027: Voter registration figures must mirror turnout – Punch

September 17 2026
EFCC recoveries: The good, the bad and the ugly – Punch
Public Affairs

EFCC recoveries: The good, the bad and the ugly – Punch

September 11 2026
Football’s house of failure – Punch
Public Affairs

Football’s house of failure – Punch

September 8 2026
FAAC shares N2.09tr to FG, states, local councils as October revenue
Public Affairs

FAAC bonanza: Nigeria’s fiscal paradox – Punch

September 3 2026
Interstate highways of agony, hollow excuses – Punch
Public Affairs

Interstate highways of agony, hollow excuses – Punch

September 1 2026
Next Post

Deadly threat of Ebola Virus - Punch

ENSG approves N759m for CCTV, bridges

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Minister defends King’s College concession, cites infrastructure decay

Minister defends King’s College concession, cites infrastructure decay

by The Editor
September 16 2026
0

...

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

APPOINTMENTS

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

by The Editor
September 23 2026
0

...

Gov. Yahaya swears in 19 new Gombe permanent secretaries

Gov. Yahaya swears in 19 new Gombe permanent secretaries

by The Editor
September 11 2026
0

...

Niger State governor appoints six commissioners-designate, four aides

Niger State governor appoints six commissioners-designate, four aides

by The Editor
September 8 2026
0

...

Tinubu swears in Enitan as new Head of Service

Tinubu swears in Enitan as new Head of Service

by The Editor
August 28 2026
0

...

ODDITIES

Residents find lifeless body in Akwa Ibom gutter, police begin probe

New co-tenant absconds with neighbour’s children in Akwa Ibom

by The Editor
September 17 2026
0

Palliatives: Sokoto residents feared dead in stampede at Wammako’s residence

Police Inspector slumps, dies after fitness exercise

by The Editor
September 3 2026
0

How friend deceived me to sell my kidney, bought phones with payment — Victim

How friend deceived me to sell my kidney, bought phones with payment — Victim

by The Editor
August 30 2026
0

GLOBAL NEWS

Gambia orders banks to replace foreign workers with locals

Gambia orders banks to replace foreign workers with locals

by The Editor
September 25 2026
0

...

Trump signs security deal with Greenland, Denmark at UN

Trump signs security deal with Greenland, Denmark at UN

by The Editor
September 23 2026
0

...

Trump bars CNN, MS NOW, Politico from White House

Trump bars CNN, MS NOW, Politico from White House

by The Editor
September 18 2026
0

...

2027 Hajj: Saudi Arabia rejects Nigeria’s request for additional slots

2027 Hajj: Saudi Arabia rejects Nigeria’s request for additional slots

by The Editor
September 17 2026
0

...

Canada flags Nigeria, 16 African countries as high-risk in new travel advisory

Canada raises study permit, visitor visa processing times for Nigerians

by The Editor
September 17 2026
0

...

State of the States

Auto Draft

Enugu Air opens international route to Cameroon, begins Enugu-Douala service

by The Editor
September 25 2026
0

...

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

by The Editor
September 17 2026
0

...

Fubara orders fresh LG elections in Rivers State

Fubara signs N1.84tt Rivers 2026 budget into law

by The Editor
September 3 2026
0

...

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

by The Editor
September 2 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest

Nigeria advances research sovereignty as Health Ministry, NHIA, partners convene inaugural Health Financing Forum

September 28 2026
Candidate Sowore: Revolution, Marijuana and other stories

Candidate Sowore: Revolution, Marijuana and other stories

September 25 2026
Nigeria, U.S. sign framework for $700 billion mineral investment

Nigeria, U.S. sign framework for $700 billion mineral investment

September 25 2026
Court nullifies Pantami as Gombe PDP guber candidate

Court nullifies Pantami as Gombe PDP guber candidate

September 25 2026

EDITORIAL REVIEW

Tele-robotic surgery: Nigeria needs more medical feats – Punch

Tele-robotic surgery: Nigeria needs more medical feats – Punch

by The Editor
September 25 2026
0

2027: Voter registration figures must mirror turnout – Punch

2027: Voter registration figures must mirror turnout – Punch

by The Editor
September 17 2026
0

EFCC recoveries: The good, the bad and the ugly – Punch

EFCC recoveries: The good, the bad and the ugly – Punch

by The Editor
September 11 2026
0

Football’s house of failure – Punch

Football’s house of failure – Punch

by The Editor
September 8 2026
0

FAAC shares N2.09tr to FG, states, local councils as October revenue

FAAC bonanza: Nigeria’s fiscal paradox – Punch

by The Editor
September 3 2026
0

Opinion

Candidate Sowore: Revolution, Marijuana and other stories

Candidate Sowore: Revolution, Marijuana and other stories

by The Editor
September 25 2026
0

...

 Akpakomiza and other stories

by The Editor
September 1 2026
0

...

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Fake agencies: Why Nigeria still needs Oronsaye report

by The Editor
August 25 2026
0

...

How Adeleke danced back from the dead

How Adeleke danced back from the dead

by The Editor
August 19 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.