What the law says – Lawyers
They’ve not violated any law – INEC
Ahead of the 2023 general elections, the polity is already heated as some aspirants have started openly declaring interest in certain positions of authority. This has attracted debates on the legality or otherwise of their actions.
So far, a former governor of Lagos State, Senator Bola Ahmed Tinubu; former Vice President Atiku Abubakar, former Senate President Bukola Saraki; former governor of Abia State, Senator Orji Uzor Kalu; former Senate president and Secretary to the Government of the Federation, Anyim Pius Anyim; Governor Dave Umahi of Ebonyi State have declared interest to contest the presidential election.
Others are a former deputy governor of the Central Bank of Nigeria, Kingsley Moghalu; publisher, Dele Momodu; businessman, Sam Ohuabunwa; as well as an entrepreneur and youth development advocate, Khadija Okunnu-Lamidi.
It is believed that there are several other potential candidates of the major political parties who are yet to declare their intentions.
Those who have made their intentions public have already embarked on nationwide consultations, produced souvenirs, campaign posters and billboards.
But section 99 (1) for the Electoral Act, 2020 provides that “the period of campaigning in public by every political party shall commence 150 days before the polling day and end 24 hours before that day.”
It further provides under subsection (2) that, “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; is guilty of an offence under this Act, and upon conviction, shall be liable to a maximum fine of N500,000.00.
The Act further provides under section 100(1) that “A candidate and his party shall campaign for the elections in accordance with such rules and regulations as may be determined by the commission.”
No breaches – Lawyers
On whether the law ought to be amended to allow more campaign time for aspirants, lawyers said the laws were in order.
E.M.D Umukoro said the activities of the politicians did not breach the law because “no law stops anyone from informing his friends or acquaintances of his or her desire to seek for an elective position.”
He added that the law was to prevent politicians from overheating the polity.
“If the politicians are given free hands they will suffocate the political horizon with all manner of campaigns that will turn out to be a complete nuisance,” he said.
Also, Nnamdi Ahaiwe said the law referred to political party campaigns, not individuals seeking nomination at the primaries.
“What is happening is not political party campaigns, it is individuals campaigning for the party primaries,” he said.
Also, Hameed Ajibola Jimoh said the provision of the Electoral Act does not constrict the democratic right to campaign.
“We Nigerians understand our situation very much than foreigners would do; hence the lawmakers made the Electoral Act. I view the development as a gradual process,” he said.
They have not violated any law – INEC
On its part, the Independent National Electoral Commission (INEC) maintained that declaring interest or consultation by individuals for any political office did not amount to breaking the electoral law.
The electoral umpire has asked registered political parties and politicians to wait for the formal release of the 2023 general elections timetable to commence campaigns
The chief press secretary to the INEC chairman, Professor Mahmood Yakubu, Rotimi Lawrence Oyekanmi, told Daily Trust on Sunday that the electoral umpire had not yet released the timetable and schedule of activities for the 2023 general elections, adding that activities had not started officially.
He said, “What the commission did in January 2018 was to establish a principle that from 2019 onwards, general elections of the Federal Republic of Nigeria shall take place on the third Saturday of February of the election year, beginning with the presidential, followed by National Assembly, then governorship and state assembly two weeks later.
“Arising from that, the next general elections will begin with presidential and National Assembly elections on Saturday, February 18, 2023.”
According to him, this is consistent with the provision of section 78 of the 1999 Constitution (as amended), which states that “the registration of voters and the conduct of the elections shall be subject to the direction and supervision of the INEC.”
On the position of the law regarding campaigning before the election timetable and what amounts to actual campaigning, Oyekanmi said the position of the law was well captured under sections 99, 100, 101 and 102 of the 2010 Electoral Act (as amended).
“To be sure, the period of campaigning in office by every political party can only begin 90 days before the election day and must halt 24 hours before that day.
“Regarding the 2023 general elections, the dates for campaigning in public by political parties have not been released by the INEC. All political parties must, therefore, wait for the commission to release the timetable and schedule of activities for the elections,” he said.
He added that what amounts to actual campaigning is when a validly nominated candidate of a registered political party solicits for votes in public for a specific, constitutionally recognised election physically at a location or through advertisement across various media channels.
“However, the INEC does not organise local government elections or party primaries, although officials of the commission do observe party primaries. Certainly, political parties are entitled to hold their primaries and conventions.
“But primaries can only hold within the period stipulated by the commission. To that extent, candidates have a right to campaign for votes to win their party primaries.
“A mere declaration of intent to contest in the presidential election does not amount to campaigning,” he said.
On the sanctions available for those engaging in campaigns before INEC formally released the election timetable to lift embargo on campaigns and other electioneering activities, he said the penalty for campaigning within 24 hours preceding an election is a maximum fine of N500,000.
“Any public media outfit that contravenes the law shall, upon conviction, be liable to a fine of N500,000 in the first instance and N1million for subsequent conviction.
“Any validly nominated candidate and his party can only campaign for an election in accordance with the rules and regulations determined by the INEC,” Oyekanmi said.
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