As part of its strategic plan ahead of the 2019 general elections and even beyond, the Independent National Electoral Commission (INEC) has beamed its searchlight on finances of political parties in the country.
The move, LEADERSHIP Sunday gathered, is to avoid a replay of what happened in the 2015 general elections in which staggering amount of monies were said to have been spent by political parties for electioneering campaigns.
The 2015 general poll was adjudged the costliest in the history of Nigeria, with a ‘core cost’ of $547 million, while political parties and their candidates spent between $1.5 billion and $2 billion.
According to the Westminster Foundation for Democracy, the Peoples Democratic Party (PDP) spent N8.74billion, while all the opposition parties put together spent N2.91billion in 2015.
Apart from intensifying its monitoring of party financing and campaign finances through effective mechanisms for tracking of campaign finances of candidates and political parties, INEC has also established a framework for the monitoring of how party candidates are being nominated.
To this effect, the electoral body has also noted that sanctions will be applied to punish offenders, even as it plans to explore other revenue generating options beyond its traditional sources of financing.
All these are contained in the commission’s new strategic plan spanning five years, precisely between 2017 and 2021.
According to the document obtained by our correspondent, part of INEC’s strategic objectives in respect of monitoring activities of political parties includes forging partnership with some stakeholders to ensure due diligence in selection of party candidates.
INEC chairman, Prof Mahmood Yakubu, had at a meeting with stakeholders last month complained that only two political parties have complied with the law which requires them to submit their financial details to the commission six months after any election.
In accordance to the Electoral Act, three financial reports namely annual report, election donations report and election expenses report are expected to be submitted to INEC by political parties in the country.
INEC’s Political Party Finance book states that the essence of this monitoring is “to check unrestricted use of money in politics and in turn avoid a situation where a few rich individuals hijack a party for their own personal interests which can create instability within the political system”.
According to section 91 of the Electoral Act, 2010 (as amended), the maximum expenses to be incurred by a candidate at a presidential election shall be N1 billion and N200 million for governorship poll.
The Electoral Act also places a campaign ceiling of N40 million and N20 million respectively for senatorial and House of representative candidates, while N10 million is the fixed amount for election expenses in the state assembly and chairmanship election for an area council.
In the new five-year strategic plan, INEC said it will train and empower staff on the monitoring of nomination of candidates, finances of political parties, campaign and media access.
It also said it will establish effective “mechanisms for tracking of campaign finances of candidates and political parties, including sanctions; and establishment of framework for the monitoring of nomination of candidates, finances of political parties, campaigns, campaign finances and media access”.
Noting that it will mprove the legal framework for the operation of political parties, the commission added that it will build “partnership with stakeholders on the monitoring of operations of political parties”, even as it will “ensure easy process of registration of political parties with procedures of getting on the ballot with adequate time lag for registration of political parties before election.
Apart from improvement in the operation of political parties particularly in terms of nomination of candidates, management of finances, campaigns and campaign finances, INEC also added that it will ensure the “adherence to code of conduct for political parties”.
Also, the commission is to establish prosecution unit as part of its efforts to facilitate quick prosecution of electoral offenders.
It said, “In order to facilitate more effective prosecution, reduce impunity and enhance deterrence, the Commission will establish a prosecution unit staffed by trained prosecutors to facilitate quicker and more efficient prosecution of electoral offences.
“Commission will explore funding sources beyond traditional sources from government and development partners”, as well as “design engagement programme with the Ministry for Finance, the Budget Office and Bureau of Public Procurement to appraise these institutions of the peculiarities of its operations and challenges.
“During the Plan period, the Commission will fully activate the INEC Fund as provided in Section 3 of the Electoral Act 2010 (as amended). Also, in order to ease the burden of funding during election periods, the Commission will spread general elections budgets across the financial periods covered by the election cycle”, the document stated.
Amendment Of Electoral Act 2010 Dwells More On Punishing Offenders
Meanwhile, most of the clauses introduced in the Electoral Act 2010 (as amended) are such that imposes sanctions on fraudulent practices that usually characterise the country’s electoral system in the past, LEADERSHIP Sunday checks has revealed.
The Senate had on March 30, 2017 amended the Electoral Act 2010 in a way that legalised introduction of technology into electoral process.
For instance, section 8 of the Electoral Act 2010 is amended by inserting a new subsection (5) which states: “A person, who being a member of a political party, misrepresents himself by not disclosing his membership, affiliation, or connection to any political party in order to secure an appointment with the commission in any capacity, commits an offence and shall be liable, on conviction, to imprisonment for at least five (5) years or a fine of at least N5,000,000 or both”.
The justification given by the drafters is that it will “deter political party members from fraudulently gaining access into the commission as staff or appointee in pursuit of partisan interests.
“Besides, it imposes a duty on persons seeking to be engaged in the commission in any capacity to make full disclosure of their political interests or affiliations (if any) to the commission”, they noted.
Also amended in Section 19 is a new subsection (1A) which reads: “Upon displaying or publishing the voters register in accordance with this section, the commission shall accept and consider objections and complaints in relation to the names omitted or included in the voters’ register or in relation to any necessary correction, within 14 days of publishing the voters register in accordance with this section’’.
A new subsection (4) of Section 19 also reads: “A failure to display or publish the voters’ register as provided under subsection (1) of this section shall constitute an offence for which any official or staff of the commission responsible for such default shall be guilty and liable, on conviction, to imprisonment for a term of 6 months or a fine of N1,000,000 or both’’.
The justification is to impose greater responsibility on officials of the commission to ensure the integrity of the voters’ register before an election.
The amendment to Section 36 of the Act saw the insertion of a new Sub-section 3 which provides: “If after the commencement of a poll and before the announcement of the final result and declaration of a winner, a nominated candidate dies, (a) the Commission shall, being satisfied of the fact of death, suspend the election for a period not exceeding 21 days; (b) the political party whose candidate died may, if it intends to continue to participate in the election, conduct a fresh direct primary within 14 days of the death of its candidate and submit a new candidate to the commission to replace the dead candidate; and (c) subject to paragraphs (a) and (b) of this sub-section, the Commission shall announce the final result and declare a winner”.
The new insertion subsection (3) was to fill a lacuna in the law; which was recently made manifest in Kogi state where a candidate died before the final result of the governorship election was announced.
Section 52 of the Electoral Act is amended by substituting for subsection (2), a new subsection’’(2)’’ stating that, ‘’the commission shall adopt electronic voting in all elections or any other method of voting as may be determined by the commission from time to time’’.
This amendment mandates e-voting without ambiguity but also gives the commission discretion to use other methods if it is impracticable to use e-voting in any election.
A new Section (76A) reads: “An election conducted at a polling unit without the prior recording in the forms prescribed by the commission of the quantity, serial numbers and other particulars of results sheets, ballot papers and other sensitive electoral materials made available by the commission for the conduct of the election shall be invalid’’.
(2) “A presiding officer who willfully and knowingly announces or signs any election result in violation of subsection (1) of this section shall be liable, on conviction , to imprisonment for at least one (1) year without an option of fine”.
Section 78 (5) was also amended such that the word ‘’cancelled’’ was replaced by the words, “and the Association and each of its executives or principal officers shall, on account of misleading information, be guilty of an offence and be liable, on conviction, (a) in the case of the Association , to a fine of N5,000,000; and (b) in the case of each executive or principal officer of the Association , to imprisonment for at least 6 months or a fine of N1,000,000 or both’’.
This is to make promoters of political associations seeking to be registered as political parties to ensure full compliance with lawful registration requirements.