Sanitising Nigeria’s electoral process: The INEC perspective

With the resolve by the Economic and Financial Crimes Commission (EFCC) to restore sanity to Nigeria’s politics, which has largely been monetized, political watchers say the anti graft agency has an uphill task on its hands, BENJAMIN UMUTEMEreports.  

There have been hues and cries over the way the Nigerian political environment have been taken over by politicians who use money to buy their way to power. And the politics is all about the money, with victory going to the highest bidder.

And it is no longer news that some public officers even use government funds to prosecute their electoral ambition. Thus it becomes difficult for those that do not have the financial muscle to compete in the Nigerian political space.

Even the political parties know that money is the name of the game therefore they put it in their constitution the place of fund raising in their campaign process.

For instance, the Peoples Democratic Party (PDP) had in 2014 raised over N20 trillion preparatory to the 2015 general election while the All Progressive Congress (APC) claimed it spent N1 billion. But political watchers are not fooled by the figures reeled out by both parties as many say the unofficial figure of spent funds by both parties might just double what that figure.

For instance, APC Candidate for Port Harcourt Federal Constituency One, Victoria Nyeche, in the last election, she had to buy two second hand Hiace bus, print posters and billboards for at least each ward to do her campaigns which cost her nearly N20 million.

Campaign finances

Campaign finance,raising and spending of money intended to influence a political vote.

Political parties and candidates require money to publicize their electoral platforms and to pursue effective campaigns.

Attempts to regulate campaign finance have always reflected the commonly held belief that uncontrolled political fund-raising and spending can undermine the integrity of the democratic process and erode the confidence of the electorate in political institutions.

Campaign expenditures have grown in many countries since the turn of the 21st century. The rising cost of elections is particularly evident in the United States, where a large part of fund-raising and spending involves not the candidates and their parties but political action committees (PACs), whose campaign activities fall under regulations less stringent than those imposed on political candidates.

Between 2000 and 2012 the estimated total spending for U.S. presidential elections almost doubled, from $3.1 billion to $5.8 billion. This massive growth in campaign finance is not peculiar to the United States, however, but is a global phenomenon.

However, in NigeriaSections 222 – 229 of the 1999 Nigerian Constitution (as amended) provides rules and regulations on the operations of political parties, with Sections 225 and 226 thereof affirming the powers of the Independent National Electoral Commission (INEC), the country’s electoral body to monitor, inquire into and assess campaign finances, and a party’s source of and management of funds. Section 228 expressly provides sanctions with regard to party finance and campaign finance, and provides the National Assembly statutory powers in this regard. 

The extant 2010 Electoral Act, as amended, caps spending limits as follows: Presidential election – N1 billion, Governorship- N200 million, Senatorial – N40 million, House of Representatives candidate – N20 million, and House of Assembly – N10 million.  Section 92 (3) of this enabling law also requires every political party to submit, six months after every election, an audited revenue and expenditure report of the party, failing which penalties are stipulated. But this has never happened. 

But has any of the party or individuals toed the same line with INEC?

Changing the narrative

Not wanting to be caught off guard, electoral umpire the Independent National Electoral Commission (INEC) cried to the EFCC to help it monitor how funds are spend by the various political actor.

The Economic and Financial Crimes Commission (EFCC) did not shy away from taking up the responsibility as it quickly warned politicians against reckless spending and bribery as the 2019 general elections draw close.

In that regard, Acting chairman of the commission, Ibrahim Magu, said the Commission will monitor banks for suspicious transactions in the build up to the elections.

The EFCC, he said, is “very seriously pursuing this issue”, adding that the commission will partner with the Independent National Electoral Commission (INEC) to address the rising cases of vote-buying.

Mr Magu said investigation of election financing, which started with the investigation of the 2015 election funding, was aimed at “disinfecting the electoral process”.

He said excessive use of money during elections leads to “gross financial abuse and perversion of the electoral process” and enthrone “bad leadership which in turn creates corruption and bad governance.”

PDP, others kick

However, the main opposition party, the PDP faulted EFCC’s statement saying the anti graft agency can’t usurp INEC’s role.The party warned the agency against nursing any intent to take over the constitutional responsibility of the INEC.

The party said the intent of the EFCC’s is to intimidate opposition candidates ahead of the elections

Even Second Republic governor of Kaduna state, Alhaji Balarabe Musa, did not spare the anti graft agency its utterance a selfish fight against the opposition.

However, the EFCC plea did not strike the right cord among some lawyers and politicians even though some of them agreed that it is a good concept.

Many gave the EFCC knocks saying it lacked the legal backing to do so and could turn the exercise into a war against opposition parties to aid the ruling party.

According human rights lawyer, Dr. Olisa Agbakoba (SAN), ‘’Conceptually, it is a good idea. We know that campaign funds are abused and misused. However, the statute establishing the EFCC does not authorize it to do what it wants to do. The statute gives the EFCC two main mandates –economic and financial crimes.

‘’The framework for campaign financing is contained in the Electoral Act. Therefore abuses of campaign finance are general offences contemplated within the powers of the Police Force. That was why we very strongly recommended under the Justice Mohammed Uwais review panel for Electoral Reforms the need to have electoral offences commission. Abuse of campaign finance is an electoral offence. So, for me, it is the work of the police to investigate and arrest people who had broken campaign financing laws not the EFCC,” he added.

But rights activist and co-founder of the Bring Back Our Girls Campaign, Aisha Yesufu thinks differently, According to her, rather than condemn the EFCC, the agency should be encouraged to do a thorough job and ensure that parties which flout the rules are sanctioned.

“It’s good for EFCC to monitor campaign funds. Every campaign must comply with what the law says and must be transparent and accountable. There has been a lot of allegations that the ruling party is diverting money to fund election. EFCC must investigate that transparently and according to its mandate and ensure the truth is known and if any breach of law is established; punishment should meted out accordingly,” she said. 

Swinging into action

The EFCC did not waste time before going to work and it did get its desired result.

According to the Commission, its operatives in Kano arrested a Politian for allegedly buying votes.

Also, the Commission arrested thecampaign finance director of PDP flag bearer in the February 23 presidential election, Alhaji Babalele Abdullahi in Abuja just as itarrested an agent in Benue State with millions of naira claiming to be the agent of the Benue State governorship candidate of the All Progressives Congress, Emmanuel Jimeh.

In spite of the anti graft agency’s efforts at dealing with elections spending, many Nigerians still believe it was all meant to block anonymous funds that the opposition PDP could access.

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