The Independent National Electoral Commission (INEC) has accused and warned some Presidential aspirants against breaching the Electoral Act by campaigning before the stipulated time, but the laws in the Act is different from the alleged actions of the Aspirants.
Via a memo titled “2019 general election campaign violation,” and dated April 23, 2018, the Commission expressed dissatisfaction in the electoral activities carried out in some States and implore politicians to desist from campaigning before elections.
“In the light of the above, you are advised to strictly adhere to Section 99 (1) of the Electoral Act 2010 (as amended), which stipulates that for the purpose of this Act, the period of campaigning in public by every political party shall commence 90 days before polling day and ends 24 hours prior to that day.
“As you are aware, the activities of all registered political parties are to be in compliance with the constitution of the Federal Republic of Nigeria and the Electoral Act 2010 (as Amended).
“Consequently, the commission has observed with dismay that some political parties have already started campaigning publicly, and by so doing, contravening the provisions of the Electoral Act 2010 (as amended) regarding public campaigns.”
The Commission also quoted the Electoral Act that stated the punishment for culpable parties.
“Section 100 (1) states that a candidate and his party shall campaign for election in accordance with such rules and regulations as may be determined by the commission.
“Section 99 (2) (B) also provides that a maximum fine of N500‚ 000. 00 for contravening section (91) and (2) shall be enforced.”
A small difference?
According to Section 99 (1-3) of the Electoral Act, the period of public campaign by political parties should be 90 days before election. However, it strangely does not mention campaigning before this period of campaign but after it as a crime. It also did not give a timeline for individual campaign which is not done on behalf of a political party, being that it says
“A registered political party which through any person acting on its behalf during the 24 hours before polling day procures for publication or acquiesces in the publication of an advertisement in a Newspaper for the purpose of promoting or opposing a particular candidates, commits an offence under this Act and upon conviction is liable to a maximum fine of N500,000.”
The restriction to parties is understandable as the law considers an election a matter of party, not individuals. This is why for a politician to decamp from his party and still hold the public office he was elected to while in the party, he needs to show that his party is in factions.
What has been the case is that individuals who are not yet candidates of any party have been asking for votes. How this plays fits into what the Act restricts is contentious, even more so as, many of these hopefuls do not even have political parties yet.
Also, while Section 100 (1) states that candidate and his party shall campaign for elections according to rules and regulations of the Commission, many believe it does not define what a public campaign is. But Section 99 (3) says it is
“Procures for publication or acquiesces in the publication of an advertisement in a Newspaper for the purpose of promoting or opposing a particular candidates…”
This has been severally manipulated as people known to certain aspirants are often used in creating campaign materials with the name of a group which is usually funded by the aspirant. Some of these campaign materials carry the name and logo of a specific party.
Also, speaking events like Pastor Poju Oyemade’s The Platform, was recently device as an avenue for pushing political aspirations and messages. The extent to which this is campaign is hardly ever discussed.
A Culture of warning
In 2014, following the torrent of posters and campaign boards, INEC repeatedly asked politicians to desist from violating the Electoral Law. But it later told Premium Times that virtually all parties are guilty of mounting campaign billboards and pasting posters ahead of the lawful campaign period.
The then media aide to the former INEC Chairman, Attahiru Jega, Mr. Kayode Idowu, played into the same narrative earlier clarified when he said
“Section 99 or 100 of the Electoral Act does not really spell out what constitutes campaign breaches.”
INEC had warned and threatened without result. In March of the same year, Mr. Jega repeated the warning and threatened to sanction politicians over illegal campaign. He said he was sick of politicians breaching the Electoral Act, which stipulates that campaigns can only commence 90 days to an election.
Mr. Jega seem to have defined the position of the Commission when he said
Posters and Handbills fall under the restricted matters….
“Posters and billboards fall within the offence. Candidates and parties have an obligation to prevent their candidates and sympathisers from breaking the law.”
Rallies are ok if they don’t cross the ribbon….
“There is a thin line in rallies. It may be to promote the natural progress of the party and not the candidate. If a party goes ahead there to say vote for me, then you have crossed the rubicon.”
INEC, as of the time, drafted out a guideline for campaigns and sent to parties for approval. This was within their right as the Electoral Act allows them to draft bidding guidelines.
In October 2017, INEC repeated its warning with reference to any guideline.
INEC can however not punish even though it threatened to. A violation of any law is prosecuted by the security agencies run by the government of the day whose head is seeking re-election but has not broken the rule. A background which may leave suspicion of State misuse of power against political opponents.
