PART V—POLITICAL PARTIES
75.—(1) Any political association that complies with the provisions of the Constitution and this Act for the purposes of registration shall be registered as a political party :
PROVIDED however, that such application for registration as a political party shall be duly submitted to the Commission not later than 12 months before a general election.
(2) The Commission shall, on receipt of the documents in fulfillment of the conditions stipulated by the Constitution, immediately issue the applicant with a letter of acknowledgement stating that all the necessary documents had been submitted to the Commission.
(3) If the association has not fulfilled all the conditions under this section, the commission shall within 90 days from the receipt of its application notify the association in writing stating the reasons for non-registration.
(4) A political association that meets the conditions stipulated in the Constitution and this Act shall be registered by the Commission as a political party within 60 days from the date of receipt of the application, and if after the 60 days such association is not registered by the Commission, unless the Commission informs the association to the contrary, it shall be deemed to have been registered.
(5) An association, its executive members or principal officer who gives false or misleading information, commit an offence and is liable on conviction, in the case of —
(a) the association to a fine of N5,000,000 ; and
(b) each executive or principal officer of the association to a fine of N3,000,000 or imprisonment for a term of at least two years or both.
(6) An application for registration as a political party shall not be processed unless there is evidence of payment of administrative fee as may be fixed by the Commission.
76. The decision of the Commission not to register any association as a political party may be challenged in the Federal High Court, provided that any legal action challenging the decision of the Commission shall be commenced within 14 days from the date of receipt of the decision on non-registration from the Commission.
77.—(1) A political party registered under this Act shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.
(2) Every registered political party shall maintain a register of its members in both hard and soft copy.
(3) Each political party shall make such register available to the Commission not later than 30 days before the date fixed for the party primaries, congresses or convention.
78.—(1) Any political party or association, which contravenes the provisions of section 227 of the Constitution, commits an offence and is liable on conviction to a fine of —
(a) N5,000,000 for the first offence ;
(b) N7,000,000 for any subsequent offence ; and
(c) N500,000 for every day that the offence continues.
(2) Any person or group of persons who aids or abets a political party in contravening the provisions of section 227 of the Constitution commits an offence and is liable on conviction to a fine of N5,000,000 or imprisonment for a term of five years or both.
79.—(1) The Commission shall keep a register of symbols and name for use at elections.
(2) The Commission shall register the symbol and name of a political party if it is satisfied that—
(a) no other symbol and name of the same design is registered ;
(b) the symbol and name is distinctive from any other symbol already registered ; and
(c) its use will not be offensive or otherwise objectionable.
(3) The Commission shall remove a symbol or name from the register of symbols and names if the Commission is of the opinion that the political party in whose name the symbol is registered has ceased to exist or to use the symbol “and names”.
(4) Nothing in this section shall authorise the allotment or registration for use at any election of a symbol or material as symbol of a party, if it portrays—
(a) the Coat of Arms of the Federation ;
(b) the Coat of Arms of any other country ;
(c) a device or emblem which in the opinion of the Commission is normally associated with—
(i) the official acts of Government,
(ii) any of the Armed Forces of the Federation or the Nigeria Police Force or other uniformed service,
(iii) the regalia of a Chief,
(iv) any tribe or ethnic group,
(v) any religion or cult, or
(vi) any portrait of a person living or dead ; or
(d) any symbol or part of a symbol which under the provision of this section continues to be registered by another political party.
(5) Subject to the provisions of this section, the symbol allotted to a political party and in use immediately before the coming into force of this Act shall continue to be available to, and be used by, that political party without payment of the fee.
(6) Where a political party is deregistered, no political association shall be permitted to use the name, symbol, logo or acronym of the deregistered political party within five years of deregistration.
80. Where a symbol is registered by a political party in accordance with this Act, the Commission shall allot the symbol to any candidate sponsored by the political party at any election.
81.—(1) Any two or more registered political parties may merge on approval by the Commission following a formal request presented to the Commission by the political parties for that purpose.
(2) Political parties intending to merge shall each give to the Commission nine months’ notice of their intention to do so before a general election.
(3) The written request for merger shall be sent to the Chairman of the Commission and shall be signed jointly by the National Chairman, Secretary and Treasurer for the time being of the different political parties proposing the merger and shall be accompanied by—
(a) a special resolution passed by the national convention of each of the political parties proposing to merge, approving the merger;
(b) the proposed full name and acronym, Constitution, manifesto, symbol or logo of the party together with the addresses of the national office of the party resulting from the merger ; and
(c) evidence of payment of administrative fee as may be fixed by the Commission.
(4) On receipt of the request for merger of political parties the Commission shall consider the request, and if the parties have fulfilled the requirements of the Constitution and this Act, approve the proposed merger and communicate its decision to the parties concerned before the expiration of 60 days from the date of receipt of the formal request:Provided that where the Commission fails to communicate its decision within 60 days, the parties shall within 14 days thereafter challenge the decision of the Commission at the court and establish by cogent and verifiable reason that they have met all the constitutional requirements for merger.
(5) Where the request for the proposed merger is approved, the Commission shall withdraw and cancel the certificates of registration of all the political parties opting for the merger and substitute a single certificate of registration in the name of the party resulting from the merger.
82.—(1) Every registered political party shall give the Commission at least 21 days’ notice of any convention, congress, conference or meeting convened for the purpose of “merger” and electing members of its executive committees, other governing bodies or nominating candidates for any of the elective offices specified under this Act.
(2) The Commission may, with or without prior notice to the political party attend and observe any convention, congress, conference or meeting which is convened by a political party for the purpose of —
(a) electing members of its executive committees or other governing bodies ;
(b) nominating candidates for an election at any level ; and
(c) approving a merger with any other registered political party.
(3) The election of members of the executive committee or other governing body of a political party, including the election to fill a vacant position in any of the aforesaid bodies, shall be conducted in a democratic manner and allowing for all members of the party or duly elected delegates to vote in support of a candidate of their choice.
(4) Notice of any congress, conference or meeting for the purpose of nominating candidates for Area Council elections shall be given to the Commission at least 21 days before such congress, conference or meeting.
(5) Failure of a political party to notify the Commission as stated in subsection (1) shall render the convention, congress, conference or meeting invalid.
83.—(1) The Commission shall keep records of the activities of all the registered political parties.
(2) The Commission may seek information or clarification from any registered political party in connection with any activities of the political party which may be contrary to the provisions of the Constitution or any other law, guidelines, rules or regulations made pursuant to an Act of the National Assembly.
(3) The Commission may direct its enquiry under subsection (2) to the Chairman or Secretary of the political party at the national, state, local government or area council or ward level, as the case may be.
(4) A political party which fails to provide the required information or clarification under subsection (2) or carry out any lawful directive given by the Commission in conformity with the provisions of this section is liable to a fine not more than N1,000,000.
84.—(1) A political party seeking to nominate candidates for elections under this Act shall hold primaries for aspirants to all elective positions which shall be monitored by the Commission.
(2) The procedure for the nomination of candidates by political parties for the various elective positions shall be by direct, indirect primaries or consensus.
Qualifications of Aspirants and Candidates
(3) A political party shall not impose nomination qualification or disqualification criteria, measures, or conditions on any aspirant or candidate for any election in its constitution, guidelines, or rules for nomination of candidates for elections, except as prescribed under sections 65, 66, 106, 107, 131, 137, 177 and 187 of the Constitution.
Direct Primaries
(4) A political party that adopts the direct primaries procedure shall ensure that all aspirants are given equal opportunity of being voted for by members of the party and shall adopt the procedure outlined—
(a) in the case of presidential primaries, all registered members of the party shall vote for aspirants of their choice at a designated centre at each ward of the Federation ;
(b) the procedure under paragraph (a) shall be adopted for direct primaries in respect of Gubernatorial, Senatorial, Federal and State Constituencies ;
(c) Special conventions or congresses shall be held to ratify the candidate with the highest number of votes at designated centres at the National, State, Senatorial, Federal and State Constituencies, as the case may be.
Indirect Primaries
(5) A political party that adopts the system of indirect primaries for the choice of its candidate shall adopt the procedure outlined—
(a) in the case of nominations to the position of Presidential candidate, the—
(i) political party shall hold a special presidential convention at a designated centre in the Federal Capital Territory or any other place within the Federation that is agreed to by the National Executive Committee of the party where delegates shall vote for aspirants of their choice,
(ii) aspirant with the highest number of votes cast at the end of voting shall be declared the winner of the presidential primaries of the political party and that aspirant’s name shall be forwarded to the Commission as the candidate of the party ;
(b) in the case of nominations to the position of a Governorship candidate, the political party shall, where it intends to sponsor candidates—
(i) hold a special congress in the State Capital or any other place within the State with delegates voting for aspirants of their choice at the congress to be held on a specified date appointed by the National Executive Committee (NEC) of the party, and
(ii) the aspirant with the highest number of votes cast at the end of voting shall be declared the winner of the primaries of the party and the aspirant’s name shall be forwarded to the Commission as the candidate of the party, for the particular State ;
(c) in the case of nominations to the position of a Senatorial candidate, a Member of the House of Representatives and a Member of a State House of Assembly, the political party shall, where it intends to sponsor candidates—
(i) hold special congresses in the Senatorial District, Federal Constituency and the State Assembly Constituency respectively, with delegates voting for aspirants of their choice in designated centres on specified dates, and
(ii) the aspirant with the highest number of votes cast at the end of voting shall be declared the winner of the primaries of the party and the aspirant’s name shall be forwarded to the Commission as the candidate of the party ;
(d) in the case of the position of a Chairmanship candidate of an Area Council, the political party shall, where it intends to sponsor a candidate—
(i) hold special congresses in the Area Councils, with delegates voting for aspirants of their choice at designated centres on a specified date, and
(ii) the aspirant with the highest number of votes cast at the end of voting shall be declared the winner of the primaries of the party and the aspirant’s name shall be forwarded to the Commission as the candidate of the party.
(6) In the case of a Councillorship candidate, the procedure for the nomination of the candidate shall be by direct primaries in the ward, and the name of the candidate with the highest number of votes cast shall be submitted to the Commission as the candidate of the party.
(7) Where there is only one aspirant or a consensus candidate in a political party for any of the elective positions mentioned in subsection (5) (a), (b), (c) and (d), the party shall convene a special convention or congress at a designated centre on a specified date for the confirmation of such aspirant and the name of the aspirant shall be forwarded to the Commission as the candidate of the party.
(8) A political party that adopts the system of indirect primaries for the choice of its candidate shall clearly outline in its constitution and rule the procedure for the democratic election of delegates to vote at the convention, congress or meeting.
Consensus Candidate
(9) 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.
(10) 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.
(11) A special convention or nomination congress shall be held to ratify the choice of consensus candidates at designated centres at the National, State, Senatorial, Federal and State Constituencies, as the case may be.
Political Appointee not Eligible as a Voting Delegate or Aspirant
(12) No political appointee at any level shall be a 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.
(13) Where a political party fails to comply with the provisions of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue.
(14) Notwithstanding the provisions of this Act or rules of a political party, an aspirant who complains that any of the provisions of this Act and the guidelines of a political party have not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court for redress.
(15) Nothing in this section shall empower the Courts to stop the holding of primaries or general elections under this Act pending the determination of a suit.
85. Any political party that—
(a) holds or possesses any fund outside Nigeria in contravention of section 225 (3) (a) of the Constitution, commits an offence and shall on conviction forfeit the funds or assets purchased with such funds to the Commission and in addition may be liable to a fine of at least N5,000,000 ; or
(b) retains any fund or other asset remitted to it from outside Nigeria in contravention of section 225 (3) (a) of the Constitution commits an offence and shall on conviction forfeit the funds or assets to the Commission and in addition may be liable to a fine of at least N5,000,000.
86.—(1) Every political party shall submit to the Commission a detailed annual statement of assets and liabilities and analysis of its sources of funds and other assets, together with statement of its expenditure including hard and soft copy of its list of members or in such a form as the Commission may require.
(2) Any official of the political party who contravenes subsection (1) commits an offence and is liable to a fine of N1,000,000 or imprisonment for a term of six months or both.
(3) A political party shall grant to any officer authorised in writing by the Commission, access to examine the records and audited accounts kept by the political party in accordance with the provisions of this Act and the political party shall give to the officer all such information as may be requested in relation to all contributions received by or on behalf of the party.
(4) The Commission shall publish the report on such examinations and audit in two national newspapers and Commission’s website within 30 days of receipt of the results.
87.—(1) The Commission shall have power to place limitation on the amount of money or other assets which an individual can contribute to a political party or candidate and to demand such information on the amount donated and source of the funds.
(2) Any individual, candidate or political party who exceeds the limit placed by the Commission in subsection (1), commits an offence and is liable on conviction to—
(a) in case of a political party, a fine not more than N10,000,000 and forfeiture of the amount donated ; and
(b) in case of an individual, a fine of five times the amount donated in excess of the limit placed by the Commission.
88.—(1) Election expenses shall not exceed the sum stipulated in subsections (2)-(7).
(2) The maximum election expenses to be incurred by a candidate at a presidential election shall not exceed N5,000,000,000.
(3) The maximum amount of election expenses to be incurred by a candidate in respect of governorship election shall not exceed N1,000,000,000.
(4) The maximum amount of election expenses to be incurred by a candidate in respect of Senatorial and House of Representatives seat shall not exceed N100,000,000 and N70,000,000 respectively.
(5) In the case of State Assembly election, the maximum amount of election expenses to be incurred by a candidate shall not exceed N30,000,000.
(6) In the case of a chairmanship election to an Area Council, the maximum amount of election expenses to be incurred by a candidate shall not exceed N30,000,000.
(7) In the case of Councillorship election to an Area Council, the maximum amount of election expenses to be incurred by a candidate shall not exceed N5,000,000.
(8) No individual or other entity shall donate to a candidate more than N50,000,000.
(9) A candidate who knowingly acts in contravention of this section, commits an offence and is liable on conviction to a fine of 1% of the amount permitted as the limit of campaign expenditure under this Act or imprisonment for a term not more than 12 months or both.
(10) Any individual who knowingly acts in contravention of subsection
(9) is liable on conviction to a maximum fine of N500,000 or imprisonment for a term of nine months or both.
(11) An accountant who falsifies, or conspires or aids a candidate to forge or falsify a document relating to his expenditure at an election or receipt or donation for the election or in any way aids and abets the contravention of the provisions of this section commits an offence and is liable on conviction to a fine of N3,000,000 or imprisonment for a term of three years or both.
89.—(1) For the purposes of an election, “election expenses” means 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.
(2) Election expenses incurred by a political party for the management or the conduct of an election shall be determined by the Commission in consultation with the political parties.
(3) Election expenses of a political party shall be submitted to the Commission in a separate audited return within six months after the election and such return shall be signed by the political party’s auditors and countersigned by the Chairman of the party and be supported by a sworn affidavit by the signatories as to the correctness of its contents.
(4) A political party which contravenes subsection (3) commits an offence and is liable on conviction to a maximum fine of N1,000,000 and in the case of failure to submit an accurate audited return within the stipulated period, the court may impose a maximum penalty of N200,000 per day on any party for the period after the return was due until it is submitted to the Commission.
(5) The return referred to in subsection (3) shall show the amount of money expended by or on behalf of the party on election expenses, the items of expenditure and commercial value of goods and services received for election purposes.
(6) The political party shall cause the return submitted to the Commission under subsection (3) to be published in at least two national newspapers and official website of the party.
(7) Any political party that incurs election expenses beyond the limit set in subsection (2) commits an offence and is liable on conviction to a maximum fine of N1,000,000 and forfeiture to the Commission, of the amount by which the expenses exceed the limit set by the Commission.
(8) The Commission shall make available for public inspection during regular business hours at its headquarters and state offices the audited returns of the political parties required by subsection (3) which shall include the names, addresses, occupation, and amount contributed by each contributor to a party.
90.—(1) A political party shall not accept or keep in its possession any anonymous monetary or other contribution, gift or property, from any source.
(2) A political party shall keep an account and asset book into which shall be recorded—
(a) all monetary and other forms of contributions received by the party ; and
(b) the name and address of any person or entity that contributes any money or asset which exceeds N1,000,000.
(3) A political party shall not accept any monetary or other contribution which is more than N50,000,000 unless it can identify the source of the money or other contribution to the Commission.
(4) A political party sponsoring the election of a candidate shall, within three months after the announcement of the results of the election, file a report of the contributions made by individuals and entities to the Commission.
91.—(1) The Commissioner of Police in each State of the Federation and the Federal Capital Territory, Abuja, shall provide adequate security for proper and peaceful conduct of political rallies and processions in their respective jurisdictions and, for this purpose, the Police may be supported by the Nigerian Security and Civil Defence Corps and any other security agency of the Federal Government.
(2) For the purpose of subsection (1), a person shall be deemed to be acting in pursuance of a lawful duty if he is acting in his capacity as a police officer or as a member of a security agency authorised to carry arms and is specifically posted to be present at that political rally or procession.
(3) Notwithstanding any provision in the Police Act, the Public Order Act and any regulation made thereunder or any other law to the contrary, the role of the Nigerian Police Force and the Nigerian Security and Civil Defence Corps and any other security agency of the Federal Government in political rallies, processions and meetings shall be limited to the provision of adequate security as provided in subsection (1).
(4) No registered political party in Nigeria, its aspirants or candidate shall be prevented from holding rallies, processions or meetings at any time for their constitutional political purposes, and the Police shall in a consultative manner, resolve any conflict of time and venue between and amongst parties where such arises.
92.—(1) A political campaign or slogan shall not be tainted with abusive language directly or indirectly likely to injure religious, ethnic, tribal or sectional feelings.
(2) Abusive, intemperate, slanderous or base language or insinuations or innuendoes designed or likely to provoke violent reaction or emotions shall not be employed or used in political campaigns.
(3) Places designated for religious worship, police stations, and public offices shall not be used—
(a) for political campaigns, rallies and processions ; or
(b) to promote, propagate or attack political parties, candidates or their programmes or ideologies.
(4) Masquerades shall not be employed or used by any political party, aspirant or candidate during political campaigns or for any other political purpose.
(5) A political party, aspirant or candidate of a political party shall not retain, organise, train or equip any person or group of persons for the purpose of enabling them to be employed for the use or display of physical force or coercion in promoting any political objective or interest, or in such manner as to arouse reasonable apprehension that they are organised, trained or equipped for that purpose.
(6) A political party, aspirant or candidate shall not keep or use armed private security organisation, vanguard or any other group or individual by whatever name called for the purpose of providing security, assisting or aiding the political party or candidate in whatever manner during campaigns, rallies, processions or elections.
(7) A political party, aspirant or candidate that contravenes any of the provisions of this section commits an offence and is liable on conviction—
(a) in the case of an aspirant or candidate, to a maximum fine of N1,000,000 or imprisonment for a term of 12 months ; and
(b) in the case of a political party, to a fine of N2,000,000 in the first instance, and N1,000,000 for any subsequent offence.
(8) A person or group of persons who aids or abets a political party, an aspirant or a candidate in contravening the provisions of subsection (5), commits an offence and is liable on conviction to a fine of N500,000 or imprisonment for a term of three years or both.
93. (1) A party, candidate, aspirant, or person or group of persons shall not directly or indirectly threaten any person with the use of force or violence during any political campaign in order to compel that person or any other person to support or refrain from supporting a political party or candidate.
(2) A political party, candidate, aspirant, person or group of persons that contravenes the provisions of this section commits an offence and is liable on conviction—
(a) in the case of a candidate, aspirant, or person or group of persons, to a maximum fine of N1,000,000 or imprisonment for a term of 12 months ; and
(b) in the case of a political party, to a fine of N2,000,000 in the first instance, and N500,000 for any subsequent offence.
94.—(1) 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.
(2) A registered political party which through any person acting on its behalf during the 24 hours before polling day—
(a) advertises on the facilities of any broadcasting undertaking ; or
(b) 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 this Act and is liable on conviction to a maximum fine of N500,000.
95.—(1) A candidate and his or her party shall campaign for the elections in accordance with such rules and regulations as may be determined by the Commission.
(2) State apparatus including the media shall not be employed to the advantage or disadvantage of any political party or candidate at any election.
(3) Media time shall be allocated equally among the political parties or candidates at similar hours of the day.
(4) At any public electronic media, equal airtime shall be allotted to all political parties or candidates during prime times at similar hours each day, subject to the payment of appropriate fees.
(5) At any public print media, equal coverage and visibility shall be allotted to all political parties.
(6) A person who contravenes subsections (3) and (4) commits an offence and is liable on conviction, in the case of —
(a) a public media, to a fine of N2,000,000 in the first instance and N5,000,000 for subsequent conviction ; and
(b) principal officers and other officers of the media house, to a fine of N1,000,000 or imprisonment for a term of six months.
96.—(1) A person, print or electronic medium that broadcasts, publishes, advertises or circulates any material for the purpose of promoting or opposing a particular political party or the election of a particular candidate over the radio, television, newspaper, magazine, handbills, or any print or electronic media whatsoever called within twenty four hours immediately preceding or on polling day commits an offence under this Act.
(2) Where an offence under subsection (1) is committed by a body corporate, the principal officers of that body shall be deemed to have equally committed the same offence.
(3) A person convicted of an offence under this section is liable—
(a) in the case of a body corporate to a maximum fine of N1,000,000 ; and
(b) in the case of an individual to a maximum fine of N1,000,000 or to imprisonment for a term of six months or both.
97.—(1) A candidate, person or association that engages in campaigning or broadcasting based on religious, tribal, or sectional reason for the purpose of promoting or opposing a particular political party or the election of a particular candidate, commits an offence under this Act and is liable on conviction—
(a) to a maximum fine of N1,000,000 or imprisonment for a term of 12 months or both ; and
(b) in the case of a political party, to a maximum fine of N10,000,000.
