2023: We shall track election expenses of individuals, political parties —INEC

Ahead of next general election, the Independent National Electoral Commission INEC has declared its readiness to track expenses of political parties and their candidates. Festus Okoye, National Commissioner and Chairman Information and Voter’s Education Committee of INEC, in an exclusive interview with TAIWO AMODU, explains how the commission will achieve the goal, just as he speaks on the controversial Section 84 (12) of the Electoral Act 2022, among others.

Despite INEC’s caution that aspirants should refrain from campaigning in compliance with its directive and provisions of Electoral Act, party chieftains continue to campaign before the commencement date, September 2022. What is your take on this breach of the rules?

The timetable and schedule of activities for the 2023 general election fixed 28 September 2022 for the commencement of campaigns in public by every political party in relation to presidential and national election elections. Governorship and state Houses of Assembly campaigns in public shall start on the 12 September 2022.

Section 84(1) of the Electoral Act 2022 provides that “For the purpose of this Act, the period of campaigning in public by every political party shall commence 150 days before polling day and end 24 hours prior to that day.”

A registered political party which through any person acting on its behalf during the 24 hours before polling day advertises on the facilities of any broadcasting undertaking; or procures for publication or acquiesces in the publication of an advertisement in a newspaper, for the purpose of promoting or opposing a particular candidate, commits an offence under the Act and is liable on conviction to a maximum fine of N500,000.  Pursuant to the Electoral Act 2022, political parties are to refrain from campaigning in public 150 days to the date of poll.

However, aspirants are constitutionally and legally allowed to make private consultations and outline their vision to their party members, especially in relation to their quest for the endorsement of their members for nomination to various positions. This aspect is within their constitutional right to freedom of expression and association. Aspirants are not political parties and must not be seen to act as political parties.

The commission’s guidelines for political rallies and campaigns have the force of law. It provides that party members wishing to be sponsored or nominated as candidates for elective office may aspire for sponsorship under the platform of their political parties by way of holding rallies, processions, fund raising, receptions, courtesy calls, visits, distribution of handbills, display of party flags, emblems, slogans, posters or billboards only at the headquarters of political party office, ward, local government and state offices throughout the federation, provided that aspirants do not publicly solicit votes for any specific elective office throughout the year before the release of the timetable for elections by the commission.

Political parties as corporate entities must on no account campaign in public in violation of the law. Political parties are aware that under Section 83 of the Electoral Act, the commission keeps a record of their activities and may seek information or clarification from them in connection with any of their activities, which may be contrary to the provisions of the constitution, or any other law, guidelines, rules or regulations made pursuant to its powers.

There is a provision in the statutes regulating political parties that makes it mandatory for them   to submit details of their election expenses to INEC after a general election. How many political parties actually submitted audit reports of their expenditure on 2019 general elections?

Section 88 of the Electoral Act 2022 permits political parties to incur election expenses. Section 92 of the Electoral Act, 2010 (as amended) had the equivalent provision. The provision contains penalties for violation. Section 89 of the Act defines election expenses to mean expenses incurred by a political party within the period from the date notice is given by the commission to conduct an election up to and including the polling day in respect of the particular election.

Section 89(3) of the Act requires political parties to submit to the commission in a separate audited return within six months after the election, its election expenses which shall be signed by the party’s auditors and counter signed by the chairman of the party and be supported by a sworn affidavit by the signatories as to the correctness of its content.  Section 89(6) of the Act makes it mandatory for political parties to cause the return submitted to the commission to be published in at least two national newspapers and official website of the party.

Some of the political parties did not comply with the provisions of Section 89 of the Act (which is in pari-materia) with Section 92 of the Electoral Act, 2010 (as amended) before they were deregistered. We must bear in mind that 73 political parties contested the 2019 general election and on the February 6, 2020 the commission deregistered 74 of them.

The commission will firmly and comprehensively track election and campaign expenses of political parties participating in the 2023 general election. The commission pioneered detailed tracking of campaign expenses with the 2019 general election and will continue in this direction with the 2023 general election. The commission in collaboration with development partners trained various categories of staff on tracking campaign expenses and developed a set of reporting forms to facilitate submissions of election income and expenses by political parties and candidates. The commission will continue to encourage political parties on keeping records and filing relevant reports of party and election expenses.

Political parties have been placing N40m and beyond on sale of nomination forms. Is the commission not worried that there could be no ceiling to what could be committed, financially to 2023 general election?

The sale of nomination forms and the ceiling placed on such forms remains within the internal dynamics of the various political parties. Membership of political parties remains voluntary and seeking elective positions within political parties remains within their domestic realm. The commission will not dictate to the parties how to run their parties so long as it does not conflict with the constitution and the law. Party members are in a better position to determine the suitability and reasonableness of the nomination fees imposed by the parties.

Can we have update on INEC preparations for Ekiti and Osun state governorship elections?

The commission is in good standing relating to the conduct of the Ekiti and Osun governorship elections. The commission has delivered all the non-sensitive materials relating to the conduct of the governorship election in Ekiti State. The permanent voters cards of all those that registered during the first and second quarter of the continuous voter registration exercise have been delivered to the Resident Electoral Commissioners of Ekiti and Osun states. The Permanent Voters Cards of those that registered during the devolution exercise in Ekiti and Osun States will be ready in a week for Ekiti and in two weeks for Osun State. We have activated the portal for the recruitment of ad-hoc staff and very soon the chairman and national commissioners of the commission will embark on readiness assessment of the two states.

APC national officers emerged through a consensus arrangement. PDP aspirants for presidential ticket have said they are ready to submit themselves to consensus option. People see consensus as euphemism for imposition. INEC has always craved for a process that promotes internal democracy in political parties. Does consensus inspire confidence in the political process?

The commission is a creation of the constitution of the Federal Republic of Nigeria, 1999 (as amended). The commission operates on the basis of the constitution, the Electoral Act as well as its rules, regulations and guidelines. Section 228 of the Constitution gives the National Assembly the power to provide by law, guidelines and rules to ensure internal democracy within political parties, including making laws for the conduct of party primaries, party congresses and party conventions. Pursuant to this power, the National Assembly made the president-assented Electoral Act 2022. Section 84(9) of the Act makes provision for the adoption of the consensus option in party primaries. It provides that a political party that adopts a consensus candidate shall secure the written consent of all cleared aspirants for the position, indicating their voluntary withdrawal from the race and their endorsement of the consensus candidate. Where a political party is unable to secure the written consent of all cleared aspirants for the purpose of a consensus candidate, it shall revert to the choice of direct or indirect primaries for the nomination of candidates for the aforesaid elective positions.

The Electoral Act 2022 recognises the consensus option as one of the procedures of nominating candidates. The law has given political parties options and it is left for each political party to determine the option that suits its internal processes and ideological leaning.

Is the commission satisfied that the National Assembly in its push for reform in the electoral process did not insist on an arrangement that takes conduct of council election away from State Independent Electoral Commission? 

The State Independent Electoral Commission (SIEC) is a constitutional body and the Independent National Electoral Commission is a constitutional body. No constitutional body should exist or live on the basis of the sabotage of another. The powers of both bodies are legally and constitutionally delineated and the Independent National Electoral Commission has been at the forefront of strengthening the capacity of the States Independent Electoral Commissions to carry out their constitutional mandate.

Paragraph11, Part 11 of the Second Schedule to the Constitution provides that the National Assembly may make laws for the federation with respect to the registration of voters and the procedure regulating elections to a local government council. Paragraph 12 of the same Schedule provides that nothing in paragraph 11 shall preclude a House of Assembly from making laws with respect to election to a local government council in addition to but not inconsistent with any law made by the National Assembly. Pursuant to this, Section 150 of the Electoral Act 2022 provides that “In furtherance of the provisions  of paragraph 11 of part 11 of the Second Schedule to the Constitution, the procedure regulating elections conducted by the Commission to Area Councils in the Federal Capital Territory under this Act shall be the same and apply with equal force as the procedure regulating elections conducted to Local Government Areas by any State Commission”.

Part V1 of the Electoral Act 2022 contains the procedures for election to Area Council and they shall apply with equal force to elections to local government councils subject to such modifications as may be necessary to give vent to the true intention of the law makers. The National Assembly has gone to a great extent to infuse credibility and fairness in the commission and the elections they conduct. The power to make laws for the federation resides with the National Assembly. The Independent National Electoral Commission is not in the business of power grab or acquisition. Incremental changes in the law may spur most of them to conduct elections that will inspire confidence in the Nigerian people.

Let us look at the ongoing furore over Section 84 (12) of the Electoral Act. According to Section 84 (12): “No political appointee at any level shall be voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election”. While state governors have insisted on compliance by their appointees and there is gale of resignations, the Presidency has been silent. We have heard serving ministers making open declaration. Are we expecting any intervention from INEC to ensure compliance?

Political parties are a creation of the constitution and the law. All individuals and institutions are mandatorily expected to obey the law and the constitution. The issues around and surrounding Section 84(12) is sub-judice and we must wait for the issues to be resolved by our courts. It may therefore be prudent and rational for the political parties to err on the side of caution.

Finally, the commission has said that there won’t be distribution of Permanent Voters Cards by proxy; that’s the rule. But insinuation is rife that the rule is being observed in the breach in certain parts of the country. What is the true position?

The commission will not distribute voters’ cards.  Registered voters must collect their cards in person and not by proxy. The commission is not in the market of speculations. Any individual or groups that have concrete and actionable evidence of infraction should report to the commission and decisive action will be taken.