Author(s): Akin O Oluwadayisi and Emmanuel Olowononi

Abstract: The burden and standard of proof in election petition without criminal allegation is in tandem with the extant Evidence Act, as election petitions are sui generis. The purpose of electoral laws is to obtain a correct expression of the intent of the voters. However, this article argues that whereas proof of election petition without criminal allegations requires proof on the preponderance of evidence as in the normal civil suits, the shallow chant of “he who asserts must prove” in the extant law is a conduit pipe for electoral injustice. The article makes a clarion call for the amendment of the relevant extant electoral law to usher in a legal regime of burden of proof on the pleadings of parties, where whoever asserts the affirmative or positive must prove on the state of the pleadings. The rebuttable presumption of the regularity of the conduct of elections and declaration of results, no longer serve the end of justice in our electoral process. The method of research is a case review of Atiku v. Buhari (2019). It concludes from it finding on the case that the Electoral Act 2010 requires yet another amendment in this light to place the burden of proof of the regularity of elections and declaration of results on the Independent National Electoral Commission (INEC), to meet the desired justice contemplated in the electoral process.

Pages: 17-24 | Views: 1396 | Downloads: 840

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