Section 85-90 Nigerian Electoral Act 2022
Section 85, 86, 87, 88, 89, 90 of the Nigerian Electoral Act 2022, among others, are under Part V of the Act. Part V is titled POLITICAL PARTIES.
Section 85 Nigeria Electoral Act 2022
Offences in relation to finances of a political party
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.
Section 86 Nigeria Electoral Act 2022
Period to be covered by annual statement
(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 Nl,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.
Section 87 Nigeria Electoral Act 2022
Power to limit contribution to a political party
(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 Nl 0,000,000 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.
Section 88 Nigeria Electoral Act 2022
Limitation on election expenses
(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 Nl,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 Nl 00,000,000 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.
Section 89 Nigeria Electoral Act 2022
Election expenses of political parties
(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 £4200,000 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
£41,000,000 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.
Section 90 Nigeria Electoral Act 2022
Disclosure by political parties
(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 £41,000,000.
(3) A political party shall not accept any monetary or other contribution which is more than £450,000,000 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.
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