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INEC, ELECTORAL ACT 2022 ON TRIAL

• Fears over cyberbullying, heavy monetisation  

As campaigns for the 2023 election kicked off last week, Akani Alaka looks at how the new Electoral Act will impact the process and the capability of the umpire, INEC to enforce the provisions.

With the kickoff of the campaign for 2023 elections a few days back, it was not a surprise that most of the October 1, Independence Day addresses of Nigerian leaders of all hues harped on what should happen in the process of convincing Nigerians on whom to vote for when they go to the polls in about five months from now.

READ ALSO: 2023: INEC announces kick-off date for open campaigns

Leading the charge was President Muhammadu Buhari who again used his address celebrating Nigeria’s 62nd anniversary to underscore his determination to bequeath a sustainable democratic culture to the country.


The President cited his signing of the Electoral Act 2021 with landmark provisions capable of guaranteeing a more transparent and inclusive electoral process in the country as a signpost of his determination to end “the pains, anguish and disappointment” associated with an unfair electoral process in the country.


He noted that the credibility and transparency associated with the off-season gubernatorial elections in Anambra, Ekiti and Osun and a few federal constituencies have already demonstrated the capability of the Electoral Act to make the 2023 general election an improvement over the previous ones held in the country.


But just like the other Nigerians, the President was concerned about what will happen in the over four months, the longest period yet, politicians have to campaign and sell their ambitions to Nigerians. 


Such fears are understandable given the fact that even before the official kickoff of the campaign, social media has been on fire with supporters and hirelings of politicians dishing out incendiary statements and sometimes, outright lies to gain an advantage over the opponents of their principals.


The President had cautioned against the development with an appeal to all aspirants to conduct issues-based campaigns devoid of hate speeches, and negative and divisive tendencies.  “I am sure that our teeming and energetic youths now realise that violence generally mars elections, and so should desist from being used by politicians for this purpose,” the President added.

Cyberbullying Fake NewsBut at a press conference last Friday, the Nigeria Civil Society Situation Room, while also raising the alarm on cyberbullying and other forms of online intimidation by supporters of political parties on social media, noted that the Electoral Act had stipulated punishment against such actions.


Ms Ene Obi, Convener of Situation Room, a coalition of Civil Society Organisations (CSOs)  at the news conference organised to mark the beginning of the campaigns for the 2023 election asked political parties, candidates and their supporters to desist from cyberbullying and respect the provisions of the Electoral Act, 2022 which was against such activities.


“Situation Room calls on all political parties and candidates to respect and uphold the provisions of Section 92 (1-6) and Section 93 of the Electoral Act 2022. This is bearing in mind the need for peaceful elections even as the contest for elective positions becomes more pronounced with the kickoff of these campaigns. Political parties must refrain from equipping and employing persons to foment violence with the intent to discredit another candidate or party,” Obi said.


She further warned against the use of abusive language or campaign materials that could cause religious or ethnic unrest as well as restrictions on the use of public facilities by political parties and politicians occupying positions of power at the state levels.
She noted that penalties for such behaviour are stated in Sections 92 and 93 of the Act for political parties and candidates who contravene the rules of conduct during political campaigns.


Ene also called on security agencies to play active roles in political parties’ campaigns by providing adequate security for the proper and peaceful conduct of rallies and to remain neutral in their provision of security during the election campaigns.


“As we progress further into the campaign season, we appeal to all stakeholders to play by the rules and respect the provisions of the 1999 Constitution and the Electoral Act. Situation Room, through its member organizations spread around the country, will be closely observing the campaigns and document any activity that goes contrary to the laws regulating electoral activities.
“This is in view of requesting the prosecution and sanctions of those undermining the electoral processes,” Obi said.


Peace Accord Panacea
Rather than threaten them with the Electoral Act, the National Peace Committee (NPC) brought most of the presidential candidates together for the signing of an accord in which they commit themselves to a peaceful campaign for the 2023 election.
About 15 of the 18 presidential candidates, including the two leading ones – Atiku Abubakar of Peoples Democratic Party, PDP and Peter Obi of Labour Party signed the accord.


The candidate of the ruling All Progressives Congress, APC, Bola Tinubu was represented by his running mate, Kashim Shettima. On behalf of the presidential candidates, Yabagi Sani, the Chairman of the Inter-Party Advisory Council (IPAC)  who is also the presidential candidate of ADP assured of the commitment of the flag bearers to peaceful, free, fair and credible elections.


The Chairman of the NPC and former Head of State, Abdulsalami Abubakar had also urged the candidates to make their campaigns civil and decent while addressing issues that are fundamental to Nigerians. “Therefore, on behalf of Nigerians, I am appealing to all political parties, party chairmen, candidates and their spokespersons, please, a campaign based on issues that are of significant concern to Nigerians. Please, avoid the spread of fake news and personal attacks. You must comply with the spirit of electoral laws,” he said.


Campaign Period
The Chairman of the Independent National Electoral Commission, INEC Chairman, Prof. Mahmood Yakubu had on the occasion noted that the Electoral Act 2022 provided for campaigns in public by political parties to commence not earlier than 150 days before polling day of which that of national elections had officially commenced on September 28.


He added that the campaign would continue until 24 hours before polling day (February 23, 2023) for national elections (Presidential and National Assembly), and March 9, 2023, for state elections (Governorship and Houses of Assembly). 


“The implication is that for the next 148 days, political parties, candidates and their supporters are free to traverse the country holding meetings, rallies, processions and door-to-door campaigns. They will grant interviews, sponsor indoor and outdoor advertisements and publish other campaign materials. This is often a delicate period characterised by excitement and anxiety.


“In line with the provisions of the Electoral Act 2022 and in our determination to play our role as a regulator, the Commission will vigorously monitor compliance. To ensure that parties shun abusive, intemperate or slanderous language as well as insinuations or innuendoes likely to provoke a breach of the peace during the electioneering campaigns,” he promised.

Campaign Spending
Even as some analysts had contended that it will be difficult for the commission to carry out its promise given the fact that the hate campaign is usually carried out on behalf of politicians by hirelings, even a more slippery ground will be how to monitor compliance with the Electoral Act stipulations in terms of limitations on campaign spending.


The 2022 Electoral Act stipulates N5 billion and N1 billion campaign funds limit for the presidential and governorship candidates respectively, while for the senatorial and House of Representatives candidates, the limit is N100 million and N70 million respectively.


Before now, there have been criticisms about the increase of the spending allowed for a presidential campaign to N5 billion. But with the commencement of the campaigns, the fear is that the candidates may not abide by the Electoral Act stipulations.
With the increased transparency brought into the electoral process by the BVAS technology, the fear is that politicians may resort to heavy deployment of funds above the spending limits to gain an unfair advantage.

“Such funds may be deployed for widespread voter inducement and vote-buying as witnessed in the Ekiti and Osun elections, especially in the rural areas of the country,” an analyst told this newspaper. 


He added that the failure of EFCC to prosecute those arrested for vote-buying in the Ekiti and Osun elections as well as the increased sophistication of politicians in carrying out the act of inducement of voters should be things of concern in the campaign season. He also pointed out that the two leading candidates, Atiku and Tinubu have access to humongous campaign funds through the states currently under the control of their parties.


This, he said, has been reflected in the composition of the Campaign Councils of the two candidates in which governors from well-resourced states were given prominent roles because of what they can bring to the table.


No To Foreign Funds
However, Obi launched his campaign website which includes a portal for donations to his campaign last week. Obi is also enjoying wide support in Nigeria and from Nigerians outside the country that are eager to contribute to his campaign. However, INEC had said political parties in Nigeria are not allowed to receive funds from foreign countries.


“Section 225 of the Nigerian constitution makes it clear that no registered political party in Nigeria shall possess any funds outside the country,” INEC National Commissioner, Festus Okoye said in a recent interview.


He added that parties are also not allowed to receive funds anonymously. “By law, no registered political party in Nigeria can operate a foreign account or receive funds from abroad. They cannot also receive funds donated anonymously.


“In other words, a political party cannot open an account and have monies remitted into that particular account outside the Federal Republic of Nigeria. “Secondly it makes it clear that no political party shall under any circumstance retain any funds remitted to it outside the country.


And if such funds are remitted to the political party from outside the country, that particular political party has a constitutional and legal obligation to turn in such funds to INEC within 21 days from the date of receipt of such funds,” he said.


We Will Enforce the Limit On Campaign Fund
Speaking recently at a conference on political campaign finance in Abuja, the chairman of INEC said every candidate would be made to declare his or her bank asset as part of the move to monitor campaign spending.


The INEC chairman who was represented by Ajayi Kunle, the National Commissioner in charge of the party monitoring committee said the candidates would be monitored with the aid of the Central Bank, Department of State Services (DSS), EFCC, Independent Corrupt Practices Commission (ICPC), banks and other agencies.


“Every candidate must be made to declare his bank asset. That is where they draw out their money. So, we will make the candidates present their statement of account right from the onset. We will make it mandatory for them to turn in their bank statement so that if they say they are doing billboards and the account remains the same, then there is a problem,” he said.
However, an activist, Adeoye Johnson told this newspaper that the failure of EFCC operatives to curb buying of delegates despite the show they put up at the venues of the presidential primaries of the APC and PDP was indicative of the fact that nothing may change this time around.
He noted that politicians had also perfected ways of evading monitoring of campaign funds as they hide under the subterfuge of groups and associations to spend lavishly on campaigns.
Yet, the INEC chairman affirmed that the commission would also closely monitor compliance with the limits on campaign spending under the Electoral Act and impose sanctions provided by law for any infringement.  “Political parties and candidates should study and familiarise themselves with the electoral legal framework to avoid any infraction of the law and the unhappy consequences that will follow any act of misdemeanour.’’


Off Limits
With the controversies generated by the Muslim-Muslim ticket of APC, the campaign for the 2023 election has also taken a religious bent with some clerics openly instructing their congregations on how to vote or who to vote for as seen on videos shared on social media. Some candidates have also been making the rounds of religious houses where they were being received with applause.  


But constitutional Lawyer, Kayode Ajulo, warned that public-funded places and worship centres must be avoided by politicians, according to Section 92 of the Electoral Act, 2022. According to him, places designated for religious worship, police stations and public offices shall not be used for political campaigns.


“By the above provision prohibiting the use of public offices for election campaigns, it is safe to submit that palaces of our traditional rulers that are maintained with public funds are categorized as public offices.” He added that sections 92, 93, 94, 95 and 96 of the new Electoral Act have prohibitions with penal consequences for campaigns in places of worship, palaces, and places with public offices.


But can INEC and the security agencies enforce the different provisions of the Electoral Act? Analysts said this will be a challenge for INEC and the security agencies in the next few months. INEC will be on trial just as the Electoral Act 2022.  

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