By Blessing Ibegbu
Prof. Haruna Ayuba, Vice-Chancellor of Bingham University, Karu, Nasarawa State, has said that the burden of proof in election petition cases often pose challenges and procedural hurdles in the electoral system.
Ayuba said this at the 13th Inaugural Lecture delivered by Prof. Magdalyne Dura, Professor of Constitutional Law and Jurisprudence and Dean of the Faculty of Law, on Thursday.
He said the challenges, delays, ambiguities, procedural hurdles and sometimes, injustices, threaten the very foundation of electoral legitimacy and undermine public confidence in the electoral system.
The lecture was entitled “Unbundling the Burden of Proof of Election Petition Cases: Law, Democracy, and the Search for Electoral Justice in Nigeria”.
According to him, the topic was timely as Nigeria approach the 2027 general elections, adding that with each election cycle, integrity and legitimacy of electoral outcomes always come under increased scrutiny.
“Today’s lecture will unbundle the legal principles governing this burden of proof, explore avenues for reform and consider how these changes can foster greater transparency, accountability and trust in our electoral system.
“By unbundling and understanding the complexities of the burden of proof, we can work towards legal reforms that facilitate timely and just resolutions of electoral disputes, thereby strengthening democracy and upholding electoral justice.
“As Nigeria prepares for the 2027 elections, addressing these issues is not just an academic exercise, but a practical necessity to ensure a fair, transparent and credible electoral process,” he said.
Ayuba noted said that such kind of discourse was urgent and essential in supporting Nigeria’s democratic trajectory, as well as ensuring that the voices of Nigerians were genuinely heard and respected in the 2027 elections and beyond.
“I extend my warmest congratulations to Dura for being our 13th inaugural lecturer and for bringing this vital issue to the forefront.
“With this 13th inaugural lecture today, the Faculty of Law has joined the league of faculties that have presented their professors to deliver inaugural lectures.
“Other faculties that are yet to present their professors for inaugural lectures need to step up on this cherished academic tradition,” he advised.
He commended the Dean for setting the pace that signified a commitment of the faculty to fostering a vibrant intellectual community that engaged with pressing legal and societal issues.
Delivering her lecture, Prof. Dura said the court decides cases on evidence, not social media or public sentiments.
Dura stated that no matter how viral a video looks on social media, it cannot decide who wins or loses an election case in court unless it passes the test of admissible evidence.
She said Nigerian courts decide election petitions strictly on legally admissible evidence, not on public opinion or narratives that trend online.
“The courtroom is not designed to see what is obvious. It is designed to examine what is proven,” she said.
Dura explained that the Independent National Electoral Commission (INEC) is the custodian of all electoral documents.
She advised the commission not to frustrate petitioners’ efforts to obtain materials needed to prove their cases in court.
She said the law gives petitioners only 21 days to file a petition, and where a petitioner fails to obtain the necessary documents from INEC and file within that window, the law presumes whatever INEC has declared to be valid.
Dura added that while videos and other materials circulated on social media may shape public discourse around elections, they cannot determine the outcome of a petition unless they meet the legal threshold for admissibility and proper authentication.
She said the distinction between public narratives and legally proven facts remains fundamental to preserving the integrity of Nigeria’s electoral justice system.
According to her, election petition tribunals are bound to evaluate only evidence that meets established legal standards, no matter the volume of public commentary trailing a case.
Dura urged lawyers, litigants and the public to understand the evidentiary threshold required in election litigation and to always distinguish between mere allegations and facts capable of being proved in court.
NAN reports that the lecture was attended by dignitaries including the former Benue governor, Mr Samuel Ortom, former Senate President, Prof. Iyorchia Ayu, among others.(NAN)www.nannews.ng
Edited by Joseph Edeh