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Nigeria

In law
45
In practice
17

No direct or indirect public funding is available for parties or candidates in Nigeria. Despite a prohibition on the use of non-financial state resources during campaigns, the ruling party availed itself of state buildings, vehicles and staff for campaign purposes in 2011. The legal framework includes some prohibitions on contributions, though a number of loopholes exist. Anonymous donations to parties are not permitted, though candidates may receive them. Individual contributions to parties are capped, but unlimited donations may be made to candidates. Corporations may not give at all to parties, and are limited in how much they can legally contribute to candidates. Foreign financing is banned for parties, but not for candidates. Spending limits are in place, but apply only to candidates, not parties. These patchwork restrictions and the absence of public funding combine to create a system in which parties and candidates rely heavily on private donors, some of whom violate contribution caps. Indeed, violations of both contribution and expenditure were common in the 2011 elections. Legal reporting requirements are not onerous, and apply only to parties. In practice, parties regularly fail to file the required reports: only 2 of 23 parties filed annual reports in 2011. Only summary data in pdf formats is available to the public. Third party actors, in the form of political organizations that support specific campaigns, are present in Nigeria, and they are not subject to any regulations. The Independent National Electoral Commission (INEC) is empowered to monitor and investigate political finance issues in Nigeria. Appointments to that body, in practice, are not completely merit-based, and the independence of appointees is not fully guaranteed. In practice, the INEC suffers from capacity constraints, and has largely eschewed any active oversight of political finance. It conducted no investigations in 2011, and imposed no sanctions on violators, despite ample evidence that violations had occurred. Enforcement, therefore, is weak.

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    Direct and Indirect Public Funding

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      Direct Public Funding
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        1
        Score
        NO
        In law, there is direct public funding for electoral campaigns.More about indicator

        No such law exists. A law allowing direct public funding of political parties existed until 2010 when it was expunged during an amendment to the Electoral Act .

        Currently, the closest Nigerian law on public funding of political parties is a reference in the Constitution that the National Assembly retains the discretion to make a law to allow the government finance political parties.

        Section 228(c) of the Constitution says the "The National Assembly may by law provide - (c) for an annual grant to the Independent National Electoral Commission for disbursement to political parties on a fair and equitable basis to assist them in the discharge of their functions".

        Scoring Criteria

        A YES score is earned where there is direct public funding for both political parties and individual candidates to campaign. A 100 also applies where only one of the two actors can be elected and, therefore, only one is entitled to direct public funding.

        A MODERATE score is earned where per law only one of the two actors (either political parties or individual candidates) is allocated direct public funding to campaign, even though both can be elected.

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, Amended, 2010. http://www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
        2. Nigerian Constitution, 1999, Chapter VI, Section 228(c), http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm
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        2
        Score
        NO
        In law, there is a transparent and equitable mechanism to determine direct public funding for electoral campaigns.More about indicator

        There is no law allowing the direct funding of political parties/independent candidate. A section of the Electoral Act allowing that was deleted in an amendment in 2010.

        Scoring Criteria

        A YES score is earned where: 1) direct public funding for political parties and individual candidates' electoral campaigns is allocated through a clearly defined calculation mechanism that is transparent and equitable, and 2) there are clearly defined eligibility criteria.

        A MODERATE score is earned where direct public funding for political party and individual candidates' electoral campaigns is allocated through a clearly defined calculation mechanism that is transparent and equitable, but eligibility criteria are not clearly defined.

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, Amended, 2010. http://www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
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        3
        Score
        50
        In practice, to what extent is the mechanism to determine direct public funding for electoral campaigns transparent, equitable and consistently applied?More about indicator

        Not applicable. The use of public funds for political campaign is outlawed in Nigeria. Before 2010, political parties received grants from the government towards elections. The law providing such was amended in 2010 to make campaigns fully privately-funded.

        However, before then, there were grants of two types, first for elections, second for the operations of the political parties. The sharing formula was that 30 percent was given equally to all parties taking part in an election, while 70 percent was paid after the elections to the parties proportionally on the basis the number of seats won.

        Regardless, to qualify for the grant, a party was required to win at least 10 percent of the total votes cast in a local government election in at least two thirds of the states of the country.

        Scoring Criteria

        A 100 score is earned where: 1) electoral campaigns allocations are always defined through a clearly defined transparent and equitable calculation mechanism, and 2) the defined eligibility criteria are applied consistently.

        A 50 score is earned where: 1) electoral campaign allocations are usually defined through a clearly defined transparent and equitable calculation mechanism but exceptions exist, or 2) the eligibility criteria are usually applied but exceptions exist.

        A 0 score is earned where: 1) political campaign allocations are rarely or never defined through a clearly defined transparent and equitable calculation mechanism, or 2) the defined eligibility criteria are rarely applied.

        Sources
        1. Punch, Kamarudeen Ogundele, INEC won’t fund political parties -Official, 28 January 2014, http://www.punchng.com/news/inec-wont-fund-political-parties-official/
        2. Punch, Kamarudeen Ogundele, Don’t use public fund for campaigns, EFCC tells politicians, 9 October 2013, http://www.punchng.com/news/dont-use-public-fund-for-campaigns-efcc-tells-politicians/
        3. Interview with Festus Owete, General Editor/Political Correspondent, Premium Times, 10 October 2014, Abuja
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        4
        Score
        50
        In practice, to what extent does the entity in charge of public funding make disbursement information publicly available?More about indicator

        Not applicable. This cannot be measured as the use of public funds for political campaigns is not allowed under the Nigerian law.

        Scoring Criteria

        A 100 score is earned where: 1) complete information on the disbursements is published less than a month after disbursement, and 2) the information is available on the Internet for free or in hard copy at photocopying cost.

        A 50 score is earned where: 1) the information published is incomplete or published more than two months after disbursement, or 2) obtaining the information costs more than photocopying.

        A 0 score is earned where: 1) disbursement information is published more than four months after disbursement, or 2) no disbursement information is published or released upon request.

        Sources
        1. Punch, Kamarudeen Ogundele, INEC won’t fund political parties -Official, 28 January 2014, http://www.punchng.com/news/inec-wont-fund-political-parties-official/
        2. Punch, Kamarudeen Ogundele, Don’t use public fund for campaigns, EFCC tells politicians, 9 October 2013, http://www.punchng.com/news/dont-use-public-fund-for-campaigns-efcc-tells-politicians/
        3. Interview with Interview with Kayode Idowu, Chief Press Secretary to Attahiru Jega, Chairman of Independent National Electoral Commission, 10 October 2014, Abuja
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      Indirect Public Funding
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        5
        Score
        YES
        In law, use of state resources in favor of or against political parties and individual candidates is prohibited.More about indicator

        Section 100(2) of the Electoral Act expliciitly prohibits the use of state resources in favour of or against political parties. The law says "State apparatus including the media shall not be employed to the advantage or disadvantage of any political party or candidate at any election".

        Scoring Criteria

        A YES score is earned where there is an explicit ban on the use of state resources in favor of or against political parties and individual candidates. A YES is also earned where there are clearly defined exceptions, which are accessible to all actors equally.

        A MODERATE score is earned where an explicit ban exists but it only applies to one of the two actors, even though both can be elected. A NO score is earned where no such law exists.

        A NO score is also earned where the law exists, but allows discretionary exceptions.

        Sources
        1. Electoral Act, Amended, 2010, Section 100(2), http://www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
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        6
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        0
        In practice, to what extent are no state resources used in favor of or against political parties and individual candidates' electoral campaigns?More about indicator

        Although there very few documented examples of the use of state resources in favour of or against political parties or individual candidates, the practice is without doubt widespread in Nigeria.

        Ruling parties at the state and federal levels regularly deploy state resources such as cars, government buildings and even funds to further their interests and those of their candidates.

        The Centre for Social Justice documented such violations before the 2011 elections. The report showed how the incumbent President Goodluck Jonathan’s Peoples Democratic Party used government vehicles and aircrafts, state media and even illegally declared public holidays for political campaigning. State funds were also donated during political fundraiser, the report says.

        The party, and the opposition All Progressives Congress, APC routinely trade accusations about the use of public funds for electoral campaigns and other political activities- although they rarely provide evidence beyond what is common knowlegde.


        Peer reviewer comment: Agree. Misuse of non-finacial state resources for partisan interests is quite rampant in the country. Unfortunately, this is not as yet well captured because only very few civil society and advocacy groups are tracking abuse of money politcs. More importantly, monitoring and tracking of government expenditures at national, state and local governmnet levels is still largely underveloped which makes the documentation of instances of the misuse of state resources difficult. Notwithstanding, recently few non-governmental organizations , with the support of some development partners, have documented a number of cases of the use of state resources in favour of or against political parties and individual candidates in the country.

        For example, just before the 2011 elections President Goodluck Jonathan was reported to have used government vehicles, aircrafts, and media for his election campaigning activities that lasted for more than two weeks. Also, the wife of the President was reported to have used the aircrafts in the presidential fleet for her whistle stop campaign tour around the country for over 18 days in 2011. A report by the Centre for Socal Justice claims that official vehicles of the Civil Service Commission, House of Assembly and Ministry of Youth Development, Sports and Orientation of Cross River State, etc, were used to convey participants to campaign rallies. Also, during the PDP presidential campaign at Lokoja Township Stadium on February 21, 2011, official cars numbering over hundred were used to convey participants to the venue. Similar cases were reported in Aba and Owerri where state resources were used for the organizing PDP presidential campaigns: Over 60 official vehicles conveyed participants to the venues of the rallies. In Kano, over 40 official vehicles were used to convey people to the venue of the rally of the presidential candidate of the PDP. In Gombe State, government vehicles were among the convoy assembled to welcome the presidential candidate of the PDP at the airport.

        Scoring Criteria

        A 100 score is earned where there is no evidence of authorities using state resources in favor of or against political parties and individual candidates. A 100 is also earned where there are clearly defined exceptions and are equally accessible to all actors.

        A 50 score is earned where: 1) documented evidence indicates occasional use of state resources in favor of or against political parties and individual candidates, or 2) clearly defined exceptions are not equally accessible to all actors.

        A 0 score is earned where documented evidence indicates regular use of state resources in favor of or against certain political parties and individual candidates.

        Sources
        1. Interview with Festus Owete, General Editor/Political Correspondent, Premium Times, 09 October 2014, Abuja
        2. Punch, Jonathan’s alleged diversion of SURE-P funds impeachable – ACN, 7 April 2013, http://www.punchng.com/news/jonathans-alleged-diversion-of-sure-p-funds-impeachable-acn/
        3. ThisDay, Onyebuchi Ezigbo, ACN Alleges Diversion of SURE-P Fund for PDP Campaign, 01 April 2013, http://www.thisdaylive.com/articles/acn-alleges-diversion-of-sure-p-fund-for-pdp-campaign/143739/
        4. Daily Times, Fayemi spent N400m public fund on 2nd term ambition, says PDP aspirant, 30 January 2013, http://www.dailytimes.com.ng/article/fayemi-spent-n400m-public-fund-2nd-term-ambition-says-pdp-aspirant

        Reviewer's sources: Eze Onyekpere, Non-Transparent Spending (A report on Campaign Finance and Use of State and Administrative Resources in the 2011 Presidential Elwections) Abuja: Centre for Social Justice, 2011.

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        7
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        NO
        In law, political parties and individual candidates have free or subsidized access to equitable air time for electoral campaigns?More about indicator

        The law provides access to equitable air time to all political parties and candidates, but gives little detail. There is no provision for free or subsidized rates. The law makes it clear that such access shall be at the payment of “appropriate fees”.

        Section 100 (2) – (5) states as follows:

        (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 conspicuity shall be allotted to all political parties.

        Scoring Criteria

        A YES score is earned where: 1) free or subsidized access to air time for electoral campaigns is granted in a transparent, equitable way, and 2) there are clearly defined eligibility criteria.

        A MODERATE score is earned where free or subsidized access to air time for electoral campaigns is granted in a transparent, equitable way, but eligibility criteria are not clearly defined.

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, 2010, Section 100, Campaign for Election, http://www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
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        8
        Score
        50
        In practice, to what extent is free or subsidized access to air time provided in a transparent, equitable way to political parties and individual candidates for electoral campaigns?More about indicator

        Not applicable. There are no free or subsidized access to media advertising for political parties during elections or after. Political parties are by law expected to be given equal opportunities on state or private media, but whatever access is provided is fully paid for at standard rates.

        What is prevalent, however, is the tendency of state-owned media giving more coverage to the ruling party as against the opposition. This practice is rampant. A report published by the Center for Social Justice in 2011, showed how an opposition party and its candidate were denied airtime despite offering to pay for the service.

        Scoring Criteria

        A 100 score is earned where: 1) free or subsidized access to media advertising is always provided in a transparent and equitable way, and 2) the defined eligibility criteria are applied consistently.

        A 50 score is earned where: 1) free or subsidized access to media advertising is usually provided in a transparent and equitable way, but exceptions exist, or 2) the eligibility criteria are not always applied.

        A 0 score is earned where: 1) there's rarely free or subsidized access to air time for political campaign, and 2) access exists but is not provided in a transparent, equitable way.

        Sources
        1. Interview with Interview with Kayode Idowu, Independent National Electoral Commission, 17 October 2014, Abuja
        2. Interview with Topsy Gimba, Presenter, Aso Radio, Abuja, 20 October 2014
        3. Eze Onyekpere, Non-transparent spending, 2011; Centre for Social Justice and Friedich Ebert Stiftung, http://csj-ng.org/publications/political-finance-reforms/
        4. Interview with Lai Mohammed, National Publicity Secretary, All Progressives Congress, APC, 16 October 2014
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    Contribution and Expenditure Restrictions

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      General Rules on Electoral Campaign Contributions
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        9
        Score
        NO
        In law, cash contributions are banned.More about indicator

        There is no such law. Donations and contributions can be made in any form as the Electoral Act does not specify the means or form.

        Scoring Criteria

        A YES score is earned where cash contributions are banned and all financial contributions must be made via the banking system.

        A MODERATE score is earned where cash contributions are allowed up to a maximum limit, regardless of the limit.

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, 2010, http://www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
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        10
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        MODERATE
        In law, there is a ban on anonymous contributions.More about indicator

        Section 93(1) of the Electoral Act prohibits anonymous contributions to political parties. The law does not comment on anonymous donations to candidates. The section says "A political party shall not accept or keep in its possession anonymous monetary or other contribution, gift or property, from any source whatsoever”.

        Yet, Subsection 2 of the law says while a register shall be kept for all donations, it shall only contain names and addresses of those who donate above USD6,000. The law states: “A political party shall keep an account and asset book into which it 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 assets which exceeds N1,000,000 (about USD 6,000)”.

        Scoring Criteria

        A YES score is earned where the law stipulates that anonymous contributions are banned.

        A MODERATE score is earned where the ban exists, but it applies only to one actor (whether political parties or individual candidates). A MODERATE score is also earned where small anonymous donations are allowed up to a maximum threshold equal to or less than the equivalent to US$300.

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act 2010, Section 93, http://www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
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        11
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        MODERATE
        In law, in-kind donations to political parties and individual candidates must be reported.More about indicator

        While there is no clear legal provision regarding in-kind donations, the oversight body, Independent National Electoral Commission, INEC, requires all political parties fielding candidates in an election to report all in-kind donations they received before/during elections. That requirement is part of the commission’s Political Party Financial Regulation Reporting Manual, 2011. The reports cover only donations to the parties, and not candidates.

        INEC interprets “donations” mentioned in the Electoral Act as comprising monetary or in-kind, both of which must be reported by political parties (Page 10 and 14 of the manual). Page 10 notes that “Donation" as "Monetary or in-kind gift”, while page 14 states: “Enter the type of contribution (either “cash” or if in-kind, note the type of item being contributed, such as vehicle”, “building”, etc)”

        INEC derives that power from Section 93(4) of the Electoral Act which says “(4) A political party sponsoring the election of a candidate shall, within 3 months after the announcement of the results of the election, file a report of the contributions made by individuals and entities to the Commission".


        Peer reviewer comment: Agree. Note that the INEC manual on its own does not have the force of law. However, relevant provisions in the 1999 Constitution and the Electoral Act oblige political parties to comply with provisions about “the annual examination and auditing of the funds and accounts of political parties”. Nevertheless, the INEC as the regulator of political parties to date has not demonstrated any capacity to enforce compliance by political parties in Nigeria.

        Scoring Criteria

        A YES score is earned where all in-kind donations must be reported to the oversight authority.

        A MODERATE score is also earned if the requirement to report such information exists, but applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, 2010, Section 93(4), http://www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
        2. Constitution 1999, Section 225( 2), http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm
        3. Political Party Financial Regulation Reporting Manual, 2011, Published by the Independent National Electoral Commission, Page 15, http://www.inecnigeria.org/wp-content/uploads/2013/07/POLITICAL-PARTY-FINANCIAL-REPORTING-MANUAL-2011.pdf
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        12
        Score
        MODERATE
        In law, loans to political parties and individual candidates must be reported.More about indicator

        Although there is no direct legal provision regarding loans obtained by political parties for elections, the oversight body, INEC, requires all loans collected by the party be included as among its liabilities. The requirement is contained in INEC's Political Party Financial Regulation Reporting Manual, 2011.

        Page 11, line 10 says: "Enter cash at hand at the starting date of the reporting period (see line 7) 10 For Annual Reports, enter the information from line 18 below, including all donations, contributions, levies, loans, fundraising, interest, etc. For Election Expenses Reports, use the total receipts listed in the election’s contributions report for the same reporting period." The report applies only to the political parties. The law is silent on individual loans.

        Section 93, Subsection 4, of the Electoral Act says “(4) A political party sponsoring the election of a candidate shall, within 3 months after the announcement of the results of the election, file a report of the contributions made by individuals and entities to the Commission.

        Section 225(2) of the Constitution states that “Every political party shall submit to the Independent National Electoral Commission a detailed annual statement and analysis of its sources of funds and other assets together with a similar statement of its expenditure in such form as the Commission may require”.


        Peer reviewer comment: Agree. Note that the INEC manual on its own does not have the force of law. However, relevant provisions in the 1999 Constitution and the Electoral Act oblige political parties to comply with provisions about “the annual examination and auditing of the funds and accounts of political parties”. As noted by the researcher, Section 225(2) of the Constitution states that “Every political party shall submit to the Independent National Electoral Commission a detailed annual statement and analysis of its sources of funds and other assets together with a similar statement of its expenditure in such form as the Commission may require”. In this regard political parties are oblige to report loans to the INEC as part of their “sources of funds and other assets”.

        Scoring Criteria

        A YES score is earned where all loans must be reported to the oversight authority.

        A MODERATE score is earned where loans must be reported, but the requirement applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources
        1. Independent National Electoral Commission, Political Party Financial Regulation Reporting Manual, 2011, Page 11, Line 10, http://www.inecnigeria.org/wp-content/uploads/2013/07/POLITICAL-PARTY-FINANCIAL-REPORTING-MANUAL-2011.pdf
        2. Electoral Act, 2010, Section 93(4), http://www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
        3. Constitution, 1999, Section 225(2), http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm
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      Limits on Contributions and Expenditures during Electoral Campaign Periods
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        13
        Score
        MODERATE
        In law, contributions from individuals are limited to a maximum amount.More about indicator

        The Electoral Act provides a limit for individual and group donations to individual candidates. There is no stated limit on donations to political parties.

        Section 90 says "The Commission shall have power to place limitation on the amount of money or other assets, which an individual or group of persons can contribute to a political party."

        Further, Section 91(9) says: "An individual or other entity shall not donate more than N 1,000,000 (USD 6,064) to any candidate."

        Scoring Criteria

        A YES score is earned where: 1) individuals may not contribute more than a maximum amount established by the law.

        A MODERATE score is earned where a maximum amount exists, but it applies only to contributions for one actor (whether political parties or individual candidates). A MODERATE score is also earned where individuals are forbidden from making any contribution.

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, 2010, Section 90 (1); 91(9) http://www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
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        14
        Score
        MODERATE
        In law, contributions from corporations are limited to a maximum amount.More about indicator

        The Companies and Allied Act (1990) prohibits companies from donating to political parties.

        Section 38(2) of the law says that “A company shall not have or exercise power either directly or indirectly to make a donation or gift of any of its property or funds to a political party or political association, or for any political purpose; and if any company, in breach of this subsection makes any donations or gift of its property to a political party or association, or for any political purpose, the officers in default and any member who voted for the breach shall be jointly and severally liable to refund to the company the sum or value of the donation or gift and in addition, the company and every such officer or member shall be guilty of an offence and liable to a fine equal to the amount or value of the donation or gift.”

        In addition, Section 91(9) of the Electoral Act says: "An individual or other entity shall not donate more than N 1,000,000 to any candidate." That is about USD6,000.

        Scoring Criteria

        A YES score is earned where: 1) corporations may not contribute more than a maximum amount established by the law.

        A MODERATE score is earned where a maximum amount or ban exists, but it applies only to contributions for one actor (whether political parties or individual candidates). A MODERATE score is also earned where corporations are forbidden from making any contribution.

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, 1999, Section 90; 91(9) http://www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
        2. Companies and Allied Matters Act, Section 38(2), http://www.nigeria-law.org/CompaniesAndAlliedMattersActPartI-V.htm#Membership of the company
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        15
        Score
        MODERATE
        In law, contributions from foreign sources are banned.More about indicator

        The Electoral Act and the Constitution forbid political parties from receiving or possessing funds and assets outside Nigeria.

        Section 225. (3) says "No political party shall - (a) hold or possess any funds or other assets outside Nigeria; or (b) be entitled to retain any funds or assets remitted or sent to it from outside Nigeria.

        (4) Any funds or other assets remitted or sent to a political party from outside Nigeria shall be paid over or transferred to the Commission within twenty-one days of its receipt with such information as the Commission may require."

        The law is however silent on foreign funding to individual candidates.

        Scoring Criteria

        A YES score is earned where it is forbidden for political parties and individual candidates to receive contributions (financial or in-kind) from foreign sources.

        A MODERATE score is earned where: 1) the ban exists but it applies only to one actor (whether political parties or individual candidates), or 2) contributions from foreign sources are allowed to a maximum amount.

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, 2010, Section 88(1a&b), http://www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
        2. Constitution, 1999, Section 225(3&4), http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm
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        16
        Score
        MODERATE
        In law, contributions from third-party actors (unions, foundations, think tanks, political action committees, etc.) are limited to a maximum amount or banned.More about indicator

        There is no law clearly limiting donations from trade unions, foundations, political committees or completely banning them from donating. Indeed, the Nigeria Labour Congress, the country’s most powerful labour union with affiliations across all labour groups, is directly involved in the running of Labour Party, one of Nigeria’s 23 political parties.

        The only law that may be cited here may be the Electoral Act, Section 91(9) which says: "An individual or other entity shall not donate more than N 1,000,000 to any candidate." This applies to third party actors. Contributions to parties, however, are unregulated.

        Scoring Criteria

        A YES score is earned where: 1) third-party actors may not contribute more than a maximum amount established by the law, or 2) are forbidden from making any contribution.

        A MODERATE score is earned where: 1) the maximum amount or ban exists only for the majority of third-party actors, but not all, or 2) the maximum amount or ban exists, but applies only to contributions for either political parties or individual candidates.

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, 2010, Section 90; 91(9) http://www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
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        17
        Score
        MODERATE
        In law, election campaign spending by political parties and individual candidates is limited to a maximum amount.More about indicator

        There are limits to election campaign expenses during presidential, gubernatorial, parliamentary elections, and other elections. The limits are for election periods, and they are only for individual candidates not for political parties.

        Section 91 sets out the limits as follows:

        "(1) Election expenses shall not exceed the sum stipulated in subsections (2) - (7) of this section.

        (2) The maximum election expenses to be incurred by a candidate at a Presidential election shall be N 1,000,000,000 (One billion naira: USD 6.06 million)

        3) The maximum election expenses to be incurred by a candidate at a Governorship election shall be N200, 000,000 (USD 1,212,856)

        (4) The maximum amount of election expenses to be incurred in respect of Senatorial seat by a candidate at an election to the National Assembly shall be N40,000,000(USD243,000) while the seat for House of Representatives shall be N20, 000,000 (USD121,000).

        (5) In the case of State Assembly election, the maximum amount of election expenses to be incurred shall be N 10,000,000 (USD61,000).

        (6) In the case of a Chairmanship election to an Area Council, the maximum amount of election expresses to be incurred shall be ten million naira N 10,000,000.

        (7) In the case of Councillorship election to an Area Council, the maximum amount of election expenses to be incurred shall be one million naira N 1,000,000(USD6,000)

        Scoring Criteria

        A YES score is earned where it is forbidden for political parties and individual candidates to spend more than a certain amount in a political campaign.

        A MODERATE score is earned where the maximum amount exists, but it applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, 2010, Section 91(2-7), http://www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
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        18
        Score
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        Open Question: Do the national laws regulating political finance also apply to sub-national units? If not, to what extent do sub-national units have laws regulating political finance?More about indicator

        National electoral laws regulating campaign finance -- that is the Constitution and the Electoral Act --- apply to the states in Nigeria, which form the sub-national units. The laws cover presidential, parliamentary, gubernatorial, state parliamentary, and local government elections. For example, the Federal Electoral Act stipulates the cap for all election expenses from the presidential to the local government, which is the lowest tier of government.

        However, each of the 36 states is allowed to set up its electoral body strictly for the conduct of elections at the local government level. At the state level, there is little control over political financing as the governors basically decide what happens there, including when to hold local council polls, who contests elections, which official goes to the electoral body and how funds are disbursed. Generally, Nigeria’s political structure is already deemed problematic and unsuitable for the country’s peculiarities. But the situation at the local councils is far worse. Governors literally control elections there with barely any supervision, or accountability, and there is little interest from the media and civil society too.


        Peer reviewer comment: Agree - The national laws regulating political finance aplies to sub-nationalelections. And specifically in the case of the local government elections the various states are empowered to establish the State Independent Electoral Commission (SIEC) to conduct and manage elections into the Local Government Councils. In practice the State Governors (usually with their cronies in the State House of Assemblies) dominate and control the SIECs and prevent the latter from exercising any form of independence. This is understandable since it is the Governor who nominates the chairmen and members of the SIECs to the State House of Assembly for approval. Also, the SIECs in practice do not enjoy significant financial autonomy which makes it difficult to carry out their activities. Consequently, the State Govovernors largely have been exercising undue influence and control over the electoral process at the local government level.

        The SIECs can make additional regulations on political finance. Howver, the challege of weak institutional capacity to ensure enforcement has been a major challenge. For example, the Jigawa State Independent Electoral Commission (JISIEC) has very loft provisions to check electoral irregularities including vote buying. The provisions of the State Independent Electoral Commission Law 2008 and the Guidelines for Local Government Election 2012, Section 34 (c) of the Jigawa State Electoral Law frown at vote buying. The absence of the required technical capacity to monitor and enforce the provisions of the law is not yet addreesed by JISEIC as it is with many SIECs whose staff members are mostly engaged on ad-hoc basis.

        Scoring Criteria

        Please describe the applicability of national political finance regulations at the sub-national level, being sure to answer: 1) whether national laws are applicable to sub-national campaigns; 2) if not, to what extent do sub-national units have similar laws regulating political finance; and 3) whether there are any reports of problems arising from gaps in this framework.

        Sources
        1. Interview with Jide Ojo, International Foundation for Electoral Systems, IFES, Nigeria Office, 24 October 2014, Abuja
        2. Interview with Eze Onyekpere, Lead Director, Centre for Social Justice, 17 October 2014.
        3. Interview with Armsfree Ajanaku, Media Contact, Transition Monitoring Group, 20 October 2014, Abuja.
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        Open Question: What are the predominant sources of funding for electoral campaigns?More about indicator

        Political parties generally raise funds from levies on their members, sales of election nomination forms (application forms in which candidates declare their interest in a position), fund raisers, contributions from individuals and corporate bodies. Donations from corporate bodies have continued despite being clearly against the law. There are only a few documentation of such donations though. The 2011 report by Center for Social Justice noted that the ruling Peoples Democratic Party in Delta State received N20m (USD 121,000) from a construction company.

        Parties also raise money from special levies on all elected and appointed officials. The ruling Peoples Democratic Party, PDP, for instance levies all its appointed or elected members five percent of their basic salaries.

        That includes lawmakers, ministers, president and governors, special advisers, heads of government establishments, ambassadors etc.

        The party’s presidential election nomination form goes for about USD 67,000 while the presidential election form of the main opposition, All Progressives Congress, is about triple of that. All the parties also routinely solicit donations from the public as elections draw nearer with calls for supporters to pay money into specified bank accounts in support of their candidates.

        Political parties are not known to have businesses although there may be a few cases. Also, individual candidates are allowed to self-finance. For instance, while parties hold fund raisers, individual candidates also hold fund raisers for the campaigns. In 2011, President Goodluck Jonathan had fundraisers, as did other candidates. Individuals are also at liberty to -- and they indeed often do -- use their personal money to finance their campaigns.

        Beyond all of these, it is common allegation between parties that ruling parties rampantly deploy state sources. There are strong indications this practice is widespread across the parties. The atmosphere of secrecy surrounding party financing, specifically their refusal to submit their accounts to the electoral body, INEC, gives boost to this claim. The Federal and state government deny this despite evidence showing state resources and facilities have been deployed for party functions, and in support of the re-election of their candidates.


        Peer reviewer comment: Agree - Political parties in Nigeria are mostly funded through private sources even before the recent amendment to the 2010 Electoral Act that abrogated public funding of political parties. Another important point to note is that the predominance of private sources of funding have generated a lot of problems and challenges for the growth and development of party system, including the domination and control of political parties by moneybag politicians and lack of transparency and accountability in party funding in Nigeria. Apart from the corruption and the absence of level palying ground for all, the prospect of 'easy money' from private sources had hindered the exploration and development of alternative sources of funding such as opportunities for investment.

        Scoring Criteria

        Please describe the important sources of funding for electoral campaigns, being sure to answer: 1) where does the preponderance of funding come from - public, individual, corporate, or other; 2) to what extent do individual candidates self-finance; and 3) do political parties have other methods of generating campaign funds, such as owning their own businesses or trusts.

        Sources
        1. Interview with Eze Onyekpere, Lead Director, Centre for Social Justice, 20 October 2014, Abuja
        2. Interview with Interview with Kayode Idowu, Chief Press Secretary, Independent National Electoral Commission, 17 October 2014, Abuja
        3. Punch, Femi Makinde, Jonathan funding Osun poll with missing USD20bn – APC, 10 July 2014, http://www.punchng.com/politics/jonathan-funding-osun-poll-with-missing-20bn-apc/

        Reviewer's sources: Victor A.O Adetula "Party Funding in Nigeria Since 1999" Abuja: Centre for Democracy and Development (CDD), Nigerian Political Parties Discussion Series (NPPDS), 2014.

        Victor Adetula (ed.) Money in Politics in Nigeria (ed.) International Foundation for Electoral System (IFES), 2008. www.ifes.org/files/MONEYandPOLITICSinNigeria.pdf

        Victor Adetula & Major Adeyi “Money and Electoral Politics in Nigeria: Past and Present Trends and Future possibilities” Journal of Democratic Studies Vol. 1, No. 1, 2009, pp. 1-22.

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        Open Question: Have there been documented instances of violations of contribution or expenditure limits or any of the laws mentioned above (Section 2)?More about indicator

        While violations of contribution or expenditure limits are common, only a few documented incidents exist. The media, civil society, and even the regulatory body, INEC, paid scant attention to election financing in the past. This attitude was clearly demonstrated in the lack of response to President Goodluck Jonathan's criticism on the imposition of limits on campaign spending and funding. The president said since political parties no longer receive grants from the government, there should be no limit to how much they can raise for themselves.

        A rare documentation of such violations was however done after the 2011 general elections by a nongovernmental organization, Centre for Social Justice. The report showed how corporate bodies openly donated to political parties against the law, and how candidates received donations far ahead of allowable ceilings.

        The report showed the case of the governor of oil rich Delta State, Emmanuel Uduaghan, who received more than USD 120,000 from a construction company despite the law prohibiting corporate donations. The report also listed examples of a common practice where individuals announce donations above the allowable 1 million naira (about USD 6,000). To circumvent the law, these individuals announce that the donations are made by them, all members of their households, several friends and associates.

        This type of camouflage is commonplace. In 2010, President Jonathan and leaders of the opposition adopted it. This is done despite the law requiring that individual donations up to that amount should come only from people with verifiable means of raising such a sum, and their names and addresses must be recorded.


        Peer reviewer comment: Agree - The electoral laws generally empower the Independent National Electoral Commission (INEC) to regulate sources and nature of funding for political campaigns in Nigeria. However, the loopholes in the laws make it almost impossible for INEC and other stakeholders to effectively monitor and track sources and nature of campaign finance in the country. This in turn makes effective documentation of contributors and campaign expenditure almost unattainable.

        In Section 91 of the Electoral Act 2010, the electoral law sets the spending limit thresholds for candidates running for various government offices, limit on campaign contributions and donations. The rationale for this is the assumption that candidates normally spend more than their parties on their electioneering campaigns and other related activities. Significant chuncks of candidate expenses do take the form of third party spending, which is not a violation of the regulations on party finance. Third, party spending in the form of donations, contributions and media sponsorship by ‘committee of friends’ has become very popular in Nigeria. This poses a great challenge for both INEC and State Independent Electoral Commissions (SIECs) that do not have the power to gather data and information on expenses of candidates under the existing legal regime.

        Section 225(2) of the 1999 Constitution specifically requires political parties to disclose their sources of funds and their manner of expenditures. It is the political parties and not the candidate that are answerable under the present legal regime. Thus, some forms of illicit use of money persist but they are not violations under the electoral law. In this circumstance, it is almost impossible for INEC to prosecute candidates in court for violating political finance regulations using the provisions of Section 150 (2) of the Electoral Act 2010 (as amended). The weak capacity of the election management bodies in Nigeria to monitor and supervise political parties especially in the area of party funding and other related areas in the use of money for the prosecution of elections is a major limitation. INEC to date has not demonstrated any capacity to effectively monitor any aspect of the use of money by parties and candidates. First, successive electoral laws have not empowered INEC to effectively monitor compliance by political parties. Secondly, INEC has no technical capacity to monitor compliance among the parties. INEC still has difficulties getting available statistics on the exact amount of money expended by candidates and political parties during elections. For example, it was reported in the media that in 2011 the chairman of INEC, Professor Attahiru Jega, confessed that the Commission “does not even have a desk that handles campaign financing” (as quoted in Ogbonnia. See below).

        Scoring Criteria

        Please list and describe all documented instances of: 1) violation of contribution limits, 2) violation of expenditure limits, and 3) financial contributions that circumvent the regulatory framework. The objective of this question is to learn more about the local context, so please explain the cases in as much detail as relevant.

        Sources
        1. Interview with Armsfree Ajanaku, Transition Monitoring Group, Abuja, 17 October 2014
        2. Interview with Eze Onyekpere, Lead Director, Centre for Social Justice, 20 October 2014, Abuja
        3. Nono – Transparent Spending (A Report on Campaign Finance and use of State and Administrative Resources in the 2011 Presidential Elections), 2011, Centre for Social Change and Fredriech Ebert Stiftung, Written by Eze Onyekpere, http://csj-ng.org/publications/political-finance-reforms/
        4. Premium Times, Ini Ekott, Jonathan under fire for advocating unregulated election expenses bazaar, 09 April 2014, https://www.premiumtimesng.com/news/158437-jonathan-fire-advocating-unregulated-election-expenses-bazaar.html

        Reviewer's sources: Victor A.O Adetula "Party Funding in Nigeria Since 1999" Abuja: Centre for Democracy and Development (CDD), Nigerian Political Parties Discussion Series (NPPDS), 2014.

        SKC Ogbonnia, "Adopt Full Public Funding for Nigerian Elections," Chidi Opara Reports, April 15, 2014. http://chidioparareports.blogspot.com/2014/04/article-adopt-full-public-funding-for.html

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    Reporting and Public Disclosure

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      Reporting Requirements to the Oversight Entity
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        MODERATE
        In law, political parties and individual candidates report itemized contributions and expenditures both during and outside electoral campaign periods.More about indicator

        The Electoral Act requires political parties to submit three reports to the Electoral Commission. First is a detailed annual statement of assets and liabilities and a statement of its expenditure. This must be done yearly with or without elections. The requirement is only for political parties not for individual candidates.

        Section 89(1) of the Electoral Act states, '' A political party shall submit to the commission a detailed annual statements of assets and analysis of its source of funds and other assets together with statements of its expenditure in such a form as the Commission may from time to time require."

        The second is Election contribution report, which contains information on all monetary and other forms of contributions received by the party. This report is prepared only during elections and is only to be submitted by political parties, not candidates.

        Section 93(2) states '' A political party shall keep an account and asset book into which shall be recorded- (a) all monetary and other forms of contribution received by the party; and, (b) the name and address of any person or entity that contributes any money or asset which exceeds N1,000,000.00 (about USD6,000).

        Section 93(4) adds ''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.

        The third report is the Election expenses report, which provides details on 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. This is prepared only during elections, and contain only details on the political party, not candidates.

        Section 92(3) states, ''Election expenses of a political party shall be submitted to the Commission in a separate audited return within six months after an election and such shall be signed by the political party's auditors and countersigned by the Chairman of the party and supported by a sworn affidavit by the signatories as to the correctness of its contents''.

        INEC’s Political Party Financial Reporting Manual contains guidelines on the reports. There is no explicit requirement that details be submitted in itemized form, except for contributions to political parties which are expected to be filed on individual basis. The expenses are to be submitted monthly in total figures.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates are required to report itemized contributions and expenditures to the oversight authority, both during and outside electoral campaign periods.

        A MODERATE score is earned where: 1) the requirement applies for itemized contributions, but not for itemized expenditures, or 2) it applies only during the electoral campaign but not outside it. A MODERATE score is also earned where the requirement exists, but it only applies to one actor (whether political parties and individual candidates).

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, 2010, Section 93(2 and 4). www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf.
        2. Independent National Electoral Commission’s Political Party Financial Reporting Manual, 2011, Pages 11- 13, http://www.inecnigeria.org/wp-content/uploads/2013/07/POLITICAL-PARTY-FINANCIAL-REPORTING-MANUAL-2011.pdf
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        MODERATE
        In law, political parties and individual candidates are required to report their financial information on a monthly basis during the electoral campaign.More about indicator

        Nigeria’s electoral law does not require parties or individual candidates to submit monthly financial reports within election periods. The law only requires that political parties sponsoring candidates submit reports indicating contributions made by individual and entities three months after the announcement of election result and a report of expenditure six months after the elections. The official election period is no longer than 90 days, which means parties must submit two reports for a 90 day period (ie less than monthly but more than quarterly).

        Section 93(4) provides that ''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.

        Section 92(3) states..''Election expenses of a political party shall be submitted to the Commission in a separate audited return within six months after an election and such shall be signed by the political party's auditors and countersigned by the Chairman of the party and supported by a sworn affidavit by the signatories as to the correctness of its contents''.

        Section 92(1) says the expenses shall be considered from the day notice of election is given. [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.]

        The notice of election, Section 30. (1) says, shall be as follow: [ The Commission shall, not later than 90 days before the day appointed for holding of an election under this Act, publish a notice in each State of the Federation and the Federal Capital Territory- (a) stating the date of the election; and (b) appointing the place at which nomination papers are to be delivered.]

        There is no requirement for pre-election financial reports.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates must report monthly their financial information to the oversight authority during the electoral campaign.

        A MODERATE score is earned where the requirement exists on a quarterly basis. A MODERATE score is also earned where the requirement only applies to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, 2010, Section 93(1, 3, 4); Section 30(1). www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
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        MODERATE
        In law, political parties and individual candidates are required to report their financial information on a quarterly basis outside of electoral campaign periods.More about indicator

        The Electoral Act provides that political parties shall submit annual financial reports indicating contributions it had received as well as its expenditure outside electoral campaign periods.

        Section 89(1) provides thus '' A political party shall submit to the commission a detailed annual statements of assets and analysis of its source of funds and other assets together with statements of its expenditure in such a form as the Commission may from time to time require.

        No such requirement exists for candidates.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates must report quarterly their financial information to the oversight authority outside of electoral campaign periods.

        A MODERATE score is earned where the requirement exists on a yearly basis. A MODERATE score is also earned where the requirement only applies to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, 2010, Section 89(1) www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
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        In practice, to what extent do political parties and individual candidates report itemized financial information monthly?More about indicator

        Political parties and individual candidates rarely file either annual or election expenses and funding reports. The argument has been that since they no longer receive grants from the federal government, they owe no authority an explanation of how their monies are raised or spent.

        In the most recent general election in 2011, only two out of 23 parties filed annual reports. The Action Congress of Nigeria (now merged into All Progressives Congress) was one of the two. The party provides itemised report of donations received and its expenditure as required by the law.

        The election expenses report, which should be filed six months after elections, are also haphazardly done. INEC says there was no capacity at the time to enforce those requirements. Theoretically, the elecoral body requires the parties to submit itemised individual contributions alongside details of receipts or receipts and expenses. Only the ACN and Citizens Popular Party, CPP, adhered to that stipulation.

        Scoring Criteria

        A 100 score is earned where: 1) political parties and individual candidates report on their financial information monthly, and 2) the reports include both itemized contributions and itemized expenditures.

        A 50 score is earned where: 1) the reports are occasionally general rather than itemized or don't contain all accounts, or 2) the reporting frequency is quarterly.

        A 0 score is earned where: 1) political parties and individual candidates rarely or never file reports, 2) the reports are filed but are rarely or never itemized or refer only to either contributions or expenditures, or 3) the reporting frequency is less than quarterly.

        Sources
        1. Interview with Jide Ojo, International Foundation for Electoral Systems, IFES, Nigeria Office, 24 October 2014, Abuja
        2. Interview with Lai Mohammed, National Publicity Secretary, All Progressives Congress, APC, 16 October 2014.
        3. Interview with Kayode Idowu, Chief Press Secretary, Independent National Electoral Commission, 17 October 2014
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        25
        In practice, to what extent do financial reports by political parties and individual candidates include all types of contributions?More about indicator

        Generally, only a few political parties file either annual or election expenses and funding reports. The argument has been that since they no longer receive grants from the federal government, they owe no authority explanation how their monies are raised or spent.

        In the most recent general election in 2011, two out of 23 parties filed annual reports. The Action Congress of Nigeria (now merged into All Progressives Congress) was one of the two. The party provided details of donations received and its expenditure as required by the law.

        An INEC representative said the report filed by the party contained names of contributors, address, occupation, type of donations (whether cash or in-kind), specification if in-kind (say cars, or house), value of the donation by market value and date of donation.

        Scoring Criteria

        A 100 score is earned where: 1) reports include an itemized list of all contributions indicating their type (in-kind, cash where allowed, etc.) and amount (estimated value for in-kind contributions), and 2) contain donors' names and addresses (or other personal identifier).

        A 50 score is earned where only one of the two conditions listed in the 100 criteria is met.

        A 0 score is earned where neither condition is met.

        Sources
        1. Interview with Jide Ojo, International Foundation for Electoral Systems, IFES, Nigeria Office, 24 October 2014, Abuja
        2. Interview with Lai Mohammed, National Publicity Secretary, All Progressives Congress, APC, 16 October 2014.
        3. Interview with Kayode Idowu, Chief Press Secretary, Independent National Electoral Commission, 17 October 2014
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      Availability of Electoral Campaigns' Financial Information to the Public
      More about category
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        26
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        MODERATE
        In law, financial information from political parties and individual candidates must be available to the public.More about indicator

        The Electoral Act in Section 89(1) requires political parties to submit their annual financial reports to the Electoral Commission during non-election years. Such information are to be made public through publication in three national newspapers by the Electoral Commission according to subsection 4 of the same Section 89.

        For election years, Section 92(3) requires political parties to submit signed audited Election expenses to the Electoral Commission within six months after elections. Such information shall be published in two national newspapers and also made available to the public in the Electoral Commission's offices.

        No requirements exist for candidates.

        Scoring Criteria

        A YES score is earned where in law financial information of political parties and individual candidates must be made available to the public, whether online or digitally within two days of request.

        A MODERATE score is earned where financial information must be made available to the public, but no requirement exists regarding cost, format or number of days within which it must be made available.

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, 2010, Section 89(1-4), Section 92(3,5,6and 8). www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf.
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        In practice, to what extent can citizens easily access the financial information of all political parties and individual candidates?More about indicator

        Many political parties do not have prepared audit reports. While there are laws requiring them to do so, the Independent National Electoral Commission, INEC, has not sufficiently compelled them to obey the law.

        INEC provides only a summary of financial details of political parties online. The latest, which is for 2011, is presented on a pdf which is not machine-readable. They reflect total receipts and expenditure of each party and whether or the party prepared an audited account.

        Obtaining access to a hard copy from INEC can take upward of two weeks.

        Scoring Criteria

        A 100 score is earned where: 1) all relevant financial information is freely available online, 2) it can be obtained digitally within two days of requesting it, and 3) it is in a machine readable format (for example in csv or xml format).

        A 50 score is earned where: 1) information is available but in some cases is incomplete or lacking detail, 2) obtaining complete information takes up to a month, or 3) it's not necessarily digital or in machine readable format.

        A 0 score is earned where: 1) the information is not publicly available, or 2) obtaining it takes more than three months, or 3) the cost of obtaining it is prohibitive for the regular citizen.

        Sources
        1. Interview with Kayode Idowu, Chief Press Secretary, Independent National Electoral Commission, 17 October 2014, Abuja.
        2. Premium Times, Festus Owete, INEC yet to commence audit of parties’ accounts for 2012, May 5, 2013, https://www.premiumtimesng.com/news/132753-inec-yet-to-commence-audit-of-parties-accounts-for-2012.html
        3. Daily Trust, Romoke Ahmad, INEC ACCUSES POLITICAL PARTIES OF FINANCIAL IRREGULARITIES, http://www.dailytrust.com.ng/daily/politics/32926-inec-accuses-political-parties-of-financial-irregularities
        4. Executive summary of external auditors reports on the accounts of political parties for the year, 2011, INEC, http://www.inecnigeria.org/wp-content/uploads/2013/03/EXECUTIVE-SUMMARY-REPORTS-FOR-ALL-POLITICAL-PARTIES-ACCOUNT-FOR-THE-YEAR-2011.pdf
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        25
        In practice, to what extent is financial information published in a standardized format?More about indicator

        Political parties in Nigeria hardly keep prepared and audited internal financial records or submit such records to the electoral body, INEC, as required by law. Many parties say since they self-fund, and receive no government grants, hey owe no explanations as to how they raise and spend funds.

        INEC requires the following steps to be followed in the accounting process: Detailed summary of receipts and payments, details of receipts and expenses, and a list of individual contributions. Parties are also expected to provide details of all donations (cash and in-kind), assets and liabilities.

        But in the 2011 political parties financial statement, which is the latest the most recent general election was in 2011), only two political parties out of 23 had audited accounts and prepared them in accordance with standards provided by INEC. One party did not adhere to the set standard while 20 parties had no accounts at all.

        Scoring Criteria

        A 100 score is earned where financial information for all political parties and individual candidates is available to the public in a standardized format.

        A 50 score is earned where only part of the information is published in a standardized format. A 50 score is also earned where the information is standardized, but it doesn't cover all political parties and individual candidates.

        A 0 score is earned where financial information is not available in a standardized format.

        Sources
        1. Interview with Eze Onyekpere, Lead Director, Centre for Social Justice, Abuja, 20 October 2014
        2. Interview with Kayode Idowu, INEC Chief Press Secretary, 17 October 2014, Abuja
        3. Vanguard, Clifford Ndujihe & Dapo Akinrefon, Audited accounts: INEC indicts PDP, CPC, 53 others, 20 February 2013, http://www.vanguardngr.com/2013/02/audited-accounts-inec-indicts-pdp-cpc-53-others/
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        In practice, to what extent do mainstream journalism media outlets use political finance data in their reporting?More about indicator

        No independent media has used detailed financial data officially published by political party or individual candidate financial information as part of their reporting. Newspapers merely published the executive summary of the report as written by auditors to the effect that some political parties failed to keep records while some did not adhere to approved standards.

        The two papers known to have published that summary were Vanguard and Premium Times.

        Scoring Criteria

        A 100 score is earned where at least three independent mainstream journalism media outlets have used officially published political party or individual candidate financial information as part of their reporting.

        A 50 score is earned where one independent mainstream journalism media outlet has used officially published financial information as part of its reporting.

        A 0 score is earned where no mainstream journalism media outlet has used officially published financial information as part of its reporting.

        Sources
        1. Interview with Edegbe Odemwingie, Political Reporter, Leadership Newspaper, 15 October 2014, Abuja
        2. Interview with Festus Owete, General Editor/Political Correspondent, Premium Times, 17 October 2014, Abuja
        3. Premium Times,Festus Owete, PDP, CPC, ANPP, others violate financial regulations, ignore rules- INEC, 26 May 2013, https://www.premiumtimesng.com/news/126923-pdp-cpc-anpp-others-violate-financial-regulations-ignore-rules-inec.html
        4. Vanguard, CLIFFORD NDUJIHE & DAPO AKINREFON, Audited accounts: INEC indicts PDP, CPC, 53 others, 20 February 2013, http://www.vanguardngr.com/2013/02/audited-accounts-inec-indicts-pdp-cpc-53-others/
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        In practice, to what extent were there no news reports or other documented incidents of violation or abuse of political finance laws?More about indicator

        Generally, attention on political finance has been poor as many blame the oversight body, the Independent National Electoral Commission, INEC, of not ensuring political parties adhere to relevant laws. Accordingly, very little has been reported on violations of political finance laws, either by the electoral body or by the mainstream media.

        For instance, political finance was missing from the 2011 general elections report released by the body. The few media reports available are from excerpts of a separate annual report of all political parties for 2011, also published by INEC. There are no media investigation on violations of electoral finance laws, but this is certainly not for the want of such violations.

        Scoring Criteria

        A 100 score is earned where there were no news reports or other documented incidents of violation or abuse of political finance laws during the most recent national election.

        A 50 score is earned where there were news reports or other documented incidents of no more than two cases of violation or abuse of political finance laws during the most recent national election.

        A 0 score is earned where there were frequent news reports or other documented incidents of violation or abuse of political finance laws during the most recent national election.

        Sources
        1. Interview with Festus Owete, Premium Times, 16 October 2014, Abuja
        2. Vanguard, Clifford Ndujihe & Dapo Akinrefon, Audited accounts: INEC indicts PDP, CPC, 53 others, February 20, 2013, http://www.vanguardngr.com/2013/02/audited-accounts-inec-indicts-pdp-cpc-53-others/
        3. Premium Times, Festus Owete, PDP, CPC, ANPP, others violate financial regulations, ignore rules- INEC, 26 May 2013, https://www.premiumtimesng.com/news/126923-pdp-cpc-anpp-others-violate-financial-regulations-ignore-rules-inec.html
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        0
        In practice, to what extent were there no news reports or other documented incidents of vote-buying?More about indicator

        Rigging and vote buying are usually rampant during elections in Nigeria. However, there were relatively fewer cases/reports of electoral fraud during the last general election in 2011.

        The electoral body, INEC, acknowledged this in its post-election report and cancelled poll results in some areas due to rigging. A report by popular news website, Saharareporters, showed how money was given to local officials and voters for votes.

        INEC said governorship elections were cancelled in Gujba, Fika and Gulani Local Government Areas of northeast state of Yobe, as a result of ballot snatching, vote buying, and rigging in some polling units.


        Peer reviewer comment: Agree. Vote buying has been reported in all the elections held in Nigeria since 1999. The 2011 elections that were generally regarded as credible had their own shares of vote buying as reported by the Transitional Monitoring Group (TMG) and some media sources. Politicians were seen “openly offering money to voters at polling stations to cast their votes in favour of their candidates and many voters took the money”.

        According to Shehu Dalhatu, Director of the Centre for Democratic Research and Training (CDRT) in Kano, candidates for elections recruited agents who were seeing offering money for votes around the polling booths. Akibu Dalhatu of Transition Monitoring Group (TMG) reportedly told IRIN that when monitoring the polls: "I witnessed politicians [in villages in Jigawa] openly offering money to voters at polling stations to cast their votes in favour of their candidates and many voters took the money with the promise to vote for the politicians' candidates." Fatima Musa, a 35-year-old voter in Kano, told IRIN that Politicians also went door-to-door offering food, soap, clothes and money to potential voters, residents of the northern city of Kano told IRIN. "I was offered a wax fabric and 500 naira [US$3.3] which I collected, but I voted for the candidate of my choice,"

        Evidence of vote buying was revealed in the public opinion surveys conducted by Afrobarometer in Nigeria during the last quarter of 2005 and February 2007. Based on the public perception of the vote-buying transaction, voters are usually offered money, commodities (such as food or clothing, or jobs. In all the previous elections before 2007, voters were most commonly offered a (modal) inducement of 500 naira. According to an Afrobarometer source, “the median price of a vote payment rose between 2003 and 2007, from 1750 naira to 2250 naira”. Among Nigerian eligible voters interviewed in February 2007, more than one in ten eligible voters agreed that, even by midway through the election campaign in February 2007, “a candidate or someone from a political party had offered you something in return for your vote” (12 per cent).

        Scoring Criteria

        A 100 score is earned where there were no news reports or other documented incidents of vote-buying during the most recent national election.

        A 50 score is earned where there were news reports or other documented incidents of no more than two cases of vote-buying during the most recent national election.

        A 0 score is earned where there were frequent news reports or other documented incidents of vote-buying during the most recent national election.

        Sources
        1. Sahara Reporters, Messy Presidential Elections as Jonathan’s Team Unleashes Rigging Spree, 16 April 2011, http://saharareporters.com/2011/04/16/messy-presidential-elections-jonathan%E2%80%99s-team-unleashes-rigging-spree
        2. Report on the 2011 General Election, By the Independent National Electoral Commission, INEC, 2011, (6.35, page 119). http://www.inecnigeria.org/wp-content/uploads/2013/07/REPORT-ON-THE-2011-GENERAL-ELECTIONS.pdf
        3. Interview with Armsfree Ajanaku, Media Contact, Transition Monitoring Group, Abuja, 20 October 2014.

        Reviewer's sources: Victor A.O Adetula "Party Funding in Nigeria Since 1999" Abuja: Centre for Democracy and Development (CDD) ,Nigerian Political Parties Discussion Series (NPPDS) 2014.

        Michael Bratton, "Vote buying and violence in Nigerian elections” in Michael Bratton (ed.) Voting and democratic citizenship in Africa Boulder, Colorado & London: Lynne Rienner Publishers Inc. 2013

        "Nigeria: Blemishes and Blessings in the Elections" Integrated Regional Information Networks (IRIN), Nigeria: Blemishes and blessings in the elections, 15 April 2011, available at: http://www.refworld.org/docid/4dad20651e.html [accessed 11 November 2014]

        Afrobarometer surveys conducted on Nigeria See www.Afrobarometer.org

        IFES, "A Nigerian Perspective on the 2007 Presidential and Parliamentary Elections: Results From Pre-and Post –Election Surveys" (August 2007).

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        50
        In practice, to what extent do civil society organizations use political finance data?More about indicator

        Only a few CSOs give attention to political finance in Nigeria. Amongst them are Abuja-based Centre for Social Change, led by Eze Onyekpere, and the Nigerian branch of the International Foundation for Electoral Systems, IFES.

        In 2011, the Centre for Social Justice published a detailed post-election report on violations of political finance regulations. The report however did not mention INEC’s report on official party financial information. IFES publishes monthly newsletter on political finance in Nigeria, some of which refer to INEC’s report on political parties finance.

        Scoring Criteria

        A 100 score is earned where at least three civil society organizations have used officially published political party or individual candidate financial information as part of their advocacy or awareness work.

        A 50 score is earned where one civil society organization has used officially published financial information as part of its advocacy or awareness work.

        A 0 score is earned where no civil society organization has used officially published financial information as part of its work.

        Sources
        1. Interview with Eze Onyekpere, Lead Director, Centre for Social Justice, October 18, 2014, Abuja.
        2. Non-transparent spending - A Report On Campaign Finance And Use Of State And Administrative Resources In The 2011 Presidential Elections, Centre for Social Justice, and Friedrich Ebert Stiftung, 2011. http://csj-ng.org/publications/political-finance-reforms/
        3. International Foundation for Electoral Systems, IFES, newsletter on Nigeria political finance, 2013, http://www.ifes.org/Content/Publications/News-in-Brief/2013/Nigeria-Political-Finance-Newsletter.aspx
        4. Interview with Debo Adeniran, Executive Director, Coalition Against Corrupt Leaders, Nigeria, 20 October 2014.
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        Open Question: Have there been political finance legal reforms or reform bills presented to the legislature in the last 10 years?More about indicator

        There were amendments to the Electoral Act and the Constitution between 2010 and 2011. The most significant change was the stoppage of public funding of political parties. The amendment of sections 91 and 92 of the Electoral Act blocked the government from funding political parties.

        That review came for a number of reasons, but chief amongst them was complaints by civil society, anti-corruption campaigners, the media and even the electoral body, INEC, that many political parties merely existed on paper without requisite structures such as an office in each state nationwide, official addresses, and members. Media reports showed how many party offices were traced to peoples’ homes.

        Popular opinion, bolstered by such findings, encouraged the National Assembly to review necessary laws and suspend government grants with the belief that many political parties merely stayed afloat as elections approached to qualify for the millions of naira given political parties by the federal government. The decision was of course opposed by many political leaders who still to date call on the government to resume public funding of parties.

        After the amendment, several political parties literally fizzled out without funds, and only a few won at least one seat in any of the elections. In 2012, INEC de-registered 28 political parties – a decision opposed by some of the affected parties who launched legal action against INEC.

        Lately, there have been a few calls for the government to restore funding for parties, with the argument it will help address growing “godfatherism” which basically is about financiers hijacking party structures, deciding those contesting for positions, and, where they win, seeking returns from the public purse.

        There were also other amendments as follows: Between sections 87 and 91 of the Electoral Act, slight changes were made in the amount paid as fines by violators of financial regulations.

        A new Section 92 introduced limits to election expenses of political parties. Part of that section imposes fines where campaign funding limits are breached.

        The legal reforms on campaign funding within the period have been included in the Constitution (1999) and the Electoral Act (2010).

        Scoring Criteria

        Please list and describe all documented instances of: 1) political finance reforms, including bills passed, executive orders signed, court rulings and any other legal act that had a direct effect on existent political finance regulation, and 2) all legal reform attempts presented to the legislature even if they were not approved. Please describe the political context that produced the reforms or reform attempts.

        Sources
        1. Interview with Edegbe Odemwingie, National Assembly reporter, Leadership newspaper, 20 October 2014, Abuja
        2. Interview with Eze Onyekpere, Lead Director, Centre for Social Justice, 17 October 2014
        3. Interview with Kayode Idowu, Chief Press Secretary, Independent National Electoral Commission, 24 October 2014
        4. Punch, Ademola Babalola, Olusola Fabiyi, Friday Olokor, David Atah & Simon Utebor, INEC de-registers 28 political parties • Jakande, Falae, Okotie, Nwodo, others affected • We will not accept it – Balarabe Musa, Braithwaite, 7 December 2012, http://www.punchng.com/news/inec-deregisters-28-political-parties/
        5. The Tide, Mixed Reactions Trail Senate Move To Stop Party Funding, 18 May 2010, http://www.thetidenewsonline.com/2010/05/18/mixed-reactions-trail-senate-move-to-stop-party-funding/
        6. Leadership, Labour Party Advocates Funding Of Parties, 24 February 2014, http://leadership.ng/news/348600/labour-party-advocates-funding-parties
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    Third Party Actors

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      Applicability of the Law to Third-Party Actors
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        NO
        In law, third-party actors (foundations, think tanks, unions, political action committees, etc.) report itemized contributions received and expenditures to an oversight authority and the information is made publicly available.More about indicator

        The Electoral Act does not mandate third party actors (foundations, think-tanks, unions and political action committees to make any itemized financial reports concerning contributions recieved and expenditures to the oversight body (Independent National Electoral Commission).

        The Act only requires political parties to make such itemized financial reports on their contributions, assets as well as its expenditures and submit same to INEC which will publish the report.

        Section 89(1) provides that '' A political party shall submit to the commission a detailed annual statements of assets and analysis of its source of funds and other assets together with statements of its expenditure in such a form as the Commission may from time to time require.

        Scoring Criteria

        A YES score is earned where: 1) third-party actors are required to report to the oversight authority itemized contributions received and expenditures related to their support of electoral campaigns, and 2) the information must be publicly available.

        A MODERATE score is earned where third-party actors are required to report itemized contributions received and expenditures related to their support of electoral campaigns, but the information is not required to be publicly available. A MODERATE score is also earned where regulations exist, but only apply to electoral campaigns of one actor (whether political party or individual candidate).

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, 2010. www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
        2. Nigerian Constitution, 1999. http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm
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        0
        In practice, to what extent do third-party actors (foundations, think tanks, unions, political action committees, etc.) report itemized contributions received and expenditures to an oversight authority?More about indicator

        Third party actors are not expected to report contributions and expenditure to any authority and they do not do so. The Independent National Electoral Commission has not received such account details.

        Scoring Criteria

        A 100 score is earned where all third-party actors report to an oversight authority both itemized contributions received and itemized expenditures.

        A 50 score is earned where third-party actors report to an oversight authority either itemized contributions received or expenditures, but not both. A 50 score is also earned where the reports refer only to one type of third-party actor, but do not cover others.

        A 0 score is earned where third-party actors rarely or never report itemized contributions received or expenditures.

        Sources
        1. Interview with Jide Ojo, International Foundation for Electoral Systems, IFES, Nigeria Office, 24 October 2014, Abuja
        2. Interview with Eze Onyekpere, Lead Director, Centre for Social Justice, 17 October 2014.
        3. Interview with Kayode Idowu, Chief Press Secretary, Independent National Electoral Commission, 17 October 2014
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        0
        In practice, to what extent can journalists and citizens easily access the financial information of third party actors, including the political spending of those actors in support of political parties and individual candidates?More about indicator

        Third party actors are not expected to report contributions and expenditure to any authority and they do not do so. The Independent National Electoral Commission has not received such account details.

        Such reports are not available online. Moreover, political committees do not endure through successive election cycles in Nigeria. New ones are formed as elections approach, making it difficult to source their financial details. A request filed by the researcher for financial details from the Transformation Ambassadors of Nigeria, a new group working for the relection of President Goodluck Jonathan, has not been responded to yet.

        Scoring Criteria

        A 100 score is earned where: 1) all relevant financial information is freely available online or in hard copy at the cost of photocopying, 2) it can be obtained within two days of requesting it, and 3) it is in a machine readable format (for example in csv or xml format).

        A 50 score is earned where: 1) information is available but in some cases is incomplete or lacking detail, 2) obtaining complete information takes up to a month, or 3) it's not necessarily in machine readable format.

        A 0 score is earned where: 1) the information is not publicly available, or 2) obtaining it takes more than three months, or 3) the cost of obtaining it is prohibitive for the regular citizen.

        Sources
        1. Interview with Festus Owete, General Owete, Premium Times, 17 October 2014, Abuja
        2. Interview with Eze Onyekpere, Lead Director, Centre for Social Justice, 17 October 2014
        3. Interview with Kayode Idowu, Chief Press Secretary, Independent National Electoral Commission, 17 October 2014
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        Open Question: Please describe how third party-actors (even if they are not regulated by your country's laws) obtain contributions and spend in support of political parties and/or individual candidates.More about indicator

        Political third-party actors in Nigeria are mainly political committees and organizations either raised by the candidates or somewhat spontaneously- though still linked to the candidates. A multitude of groups sprout during elections and to a large extent support the ruling parties at the national and the state level.

        This year, ahead of the 2015 election, the most popular political organization is Transformation Ambassadors of Nigeria, TAN, which is supporting the reelection of President Goodluck Jonathan. Besides that group, the president’s political team received applications from more than 8,000 organizations seeking to work for and support the president. The president’s team merged the groups. The opposition parties also have support groups. For example, the organization Buhari Vanguard supports a former head of state who is contesting the presidential election in 2015 . There is also the Turaki Vanguard supporting former Vice President Atiku Abubakar.

        Many belief the groups supporting the president are funded by the government. While the groups officially deny the claim, but many of their supporters are government contractors and associates. The groups spend hugely on campaign for their subjects. TAN, which supports Mr. Jonathan for instance, has conducted massive rallies in six regions of the country and in Abuja.

        Scoring Criteria

        To answer this question please: 1) list the types of third-party actors that exist in your country and describe how they work to influence campaigns, 2) explain how important such actors are or not in the context of campaigns, including whether their expenditures are substantial in relation to that of political parties and individual candidates, and 3) if documented evidence indicates they circumvent laws intended to regulate political finance, please explain how and include references to the evidence.

        Sources
        1. Interview with Jide Ojo, International Foundation for Electoral Systems, IFES, Nigeria Office, 24 October 2014, Abuja
        2. Interview with Eze Onyekpere, Lead Director, Centre for Social Justice, 17 October 2014
        3. Interview with Armsfree Ajanaku, Media Contact, Transition Monitoring Group, 20 October 2014, Abuja
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    Monitoring and Enforcement

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      Monitoring Capabilities
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        YES
        In law, political finance information is monitored by an independent oversight authority.More about indicator

        The Independent National Electoral Commission is empowered by the Electoral Act to monitor the finances of political parties. The Act also mandates political parties to submit to INEC financial reports of the party indicating contributions it has received from individuals and entities as well as financial record of its expenditures from time to time.

        The law also provides powers for the Electoral Commission or its agents to conduct audits, access all records and audited accounts kept by the party, and carry out investigations when necessary.

        1999 Constitution {as Amended} Third Schedule Section 15(c) provides that the ''Electoral Commission shall have power to monitor the organisation and operation of the political parties including their finances, conventions, congresses and party primaries."

        Section 15(d) of the same schedule states that INEC shall "arrange for the annual examination and auditing of the funds and accounts of political parties..."

        Section 15(f) states that the INEC shall "monitor political campaigns and provide rules and regulations which shall govern the political parties..."

        Section 89(1) provides thus '' A political party shall submit to the commission a detailed annual statements of assets and analysis of its source of funds and other assets together with statements of its expenditure in such a form as the Commission may from time to time require."

        Section 89(3) provides that; ''A political party shall provide to any officer authorized in writing by the Commission access 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.

        Scoring Criteria

        A YES score is earned where: 1) an independent oversight authority is mandated to monitor political finance information, and 2) the authority has investigation and audit powers.

        A MODERATE score is earned where the independent oversight authority is mandated to monitor political finance information, but doesn't have investigation or audit powers.

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, 2010, Section 89(1 and 3). www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
        2. Nigerian Constitution, 1999. http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm
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        MODERATE
        In law, high-level appointments to the oversight authority are based on merit.More about indicator

        The Electoral Act and the Constitution provide for the appointment of the Chairman of the Electoral Commission and twelve other Electoral Commissioners. Such appointments are to be done by the President and subject to approval of the Nigerian Senate. Persons appointed into such positions must be qualified, with relevant experience, nonpartisan and with unquestionable integrity.

        1999 constitution (as Amended) Third Schedule part 1 Section14 (1) states that; ''The Independent national Electoral Commission shall comprise the following members (a) A Chairman who shall be the Chief Electoral Commissioner, and (b) Twelve other members to be known as National Electoral Commissioners 14 (2) A member of the commission shall (a) be nonpartisan and a person of unquestionable integrity.

        There are no further strict qualifications and experiences for these senior positions which are essentially political appointments, decided almost solely by the president. However, other staff of the commission are appointed based on civil service rules which require advertisement, application, testing and interviews before candidates are recruited.

        Scoring Criteria

        A YES score is earned where: 1) high-level appointments must be based on merit in a public appointment process; and 2) appointees must be free of conflicts of interest due to personal loyalties, family connections, political party affiliations, business partners or other biases.

        A MODERATE score is earned where high-level appointments must be based on merit in a public appointment process, but the regulations don't forbid appointments involving conflicts of interest or other biases.

        A NO score is earned where no such law exists.

        Sources
        1. Nigerian Constitution, 1999, Third Schedule, part 1, Section14(1). http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm
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        25
        In practice, to what extent are high-level appointments to the oversight authority based on merit?More about indicator

        High-level appointments to the Independent National Electoral Commission, INEC -- such positions include the chairman of the commission, who is the overall head, and the national commissioners -- are fully decided by the president who is only expected by law to appoint people of integrity between 40 and 50 years, who are qualified in the minimum as members of the House of Representatives. The appointments are subject to the confirmation of the Senate.

        These top-most positions are not open to public vetting process neither are there advertised competition. The present chairman of INEC, appointed in 2010, is a former university teacher and labour union leader. Mr. Jega is not seen as biased or less qualified than other candidates. There's never a public competition for the senior positions of chairman, and national electoral commissioners who are effectively the main actors of the electoral body.

        Scoring Criteria

        A 100 score is earned where: 1) there is an advertised competition and public vetting process, 2) candidates with the most merit and without conflicts of interest or other biases are appointed.

        A 50 score is earned where the public competition is usually advertised and the vetting process public, but exceptions exist. A 50 score is also earned where candidates with the most merit and without conflicts of interest or other biases are appointed but exceptions exist.

        A 0 score is earned where there's rarely or never a public competition, or appointees are rarely selected on merit or without conflicts of interest or other biases.

        Sources
        1. Interview with Armsfree Ajanaku, Media Contact, Transition Monitoring Group,( Election monitors), 20 October 2014
        2. Interview with Festus Owete, General Editor Premium Times, 18 October 2014, Abuja
        3. Interview with Kayode Idowu, Senior Aide to INEC chairman, Attahiru Jega, 17 October 2014, Abuja
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        MODERATE
        In law, the independence of high-level appointees is guaranteed.More about indicator

        Section 155(1)c of the Constitution grants INEC appointees security of tenure, stating ''in the case of a person who is a member otherwise than as ex officio member or otherwise than by virtue of his having previously held an office, for a period of five years from the date of his appointment''.

        1. (1) states, ''In exercising its power to make appointments or to exercise disciplinary control over persons, the Code of Conduct Bureau, the National Judicial Council, the Federal Civil Service Commission, the Federal Judicial Service Commission, the Revenue Mobilisation and Fiscal Commission, the Federal Character Commission, and the Independent National Electoral Commission shall not be subject to the direction or control of any other authority or person''.

        157(1) states ''Subject to the provisions of subsection (3) of this section, a person holding any of the offices to which this section applies may only be removed from that office by the President acting on an address supported by two-thirds majority of the Senate praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct''.

        Section 157(2) provides thus ''This section applies to the offices of the Chairman and members of the Code of Conduct Bureau, the Federal Civil Service Commission, the Independent National Electoral Commission, the National Judicial Council, the Federal Judicial Service Commission, the Federal Character Commission, the Nigeria Police Council, the National Population Commission, the Revenue Mobilisation Allocation and Fiscal Commission and the Police Service Commission''.

        Beyond the generic powers to oversee elections and act without any inhibition, regulate political parties and their finances, INEC and its appointees are not explicitly empowered to review cases.


        Peer reviewer comment: Agree. The Independent National Electoral Commission (INEC) has had its fair share of the challenges associated with the Nigerian electoral system. One of the major challenges is that of enforcing legal provisions, and this has negatively impacted on the work of INEC as an election management body. The 1999 Constitution is the principal legal framework from which INEC derives its powers. The powers of the Commission are further given effect by its powers to make guidelines and regulations under the Electoral Act. Consequently, the Commission issues guidelines to regulate the activities of actors and players in the electoral process. Unfortunately, the latter have regularly ignored or rejected INEC’s regulatory powers with impunity. Neither the Police nor the Judiciary have been able to help the Commission enforce its decisions. For example, court orders against INEC especially contradictory ex parte orders sometimes from courts of concurrent jurisdiction has undermined the capacity of the Commsion to enforce internal party democracy.

        Okey Ibeanu “Regulating Nigerian Political Parties: The Role of the Independent National Electoral Commission” in Olu Obafemi et al eds. Political Parties and Democracy in Nigeria Kuru: National Institute for Policy and Strategic Studies, 2014

        Scoring Criteria

        A YES score is earned where: 1) appointees have the authority or mandate to review cases and issue decisions, 2) the law establishes security of tenure, and 3) removal or disciplinary actions are based on due process conducted by a peer panel or independent oversight body.

        A MODERATE score is earned where appointees have the authority or mandate to review cases and issue decisions, BUT one of the second two conditions mentioned in the YES criteria is not met.

        A NO score is earned where no such law exists.

        Sources
        1. Nigerian Constitution, 1999, Section 155-157. http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm
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        50
        In practice, to what extent is the independence of high-level appointees guaranteed?More about indicator

        High-level appointees are largely free to carry out their functions with political interference. They have security of tenure as they consistently remain in office for a renewable term of five years, and cannot be removed by the president except with the support of two thirds of the senate.

        Since the appointment of the current set of senior officials in 2011, only those who have completed their tenures were replaced. The chairman, Attahiru Jega, a former union leader, has remained at his post.

        However, lately, Mr. Attahiru has come under intense political pressure to discard a plan to create new polling units in the country. He is accused of bias after presenting a proposal showing the country's north, where he comes from, given more than 21,000 new PUs, while south was given a little above 8,000.

        Scoring Criteria

        A 100 score is earned where all of the following conditions are met: 1) appointees review cases and issue decisions without fear or favor from other branches of government, and 2) appointees are granted security of tenure and 3) no appointees are removed, disciplined or transferred without due process by a peer panel or independent oversight body.

        A 50 score is earned where any of the following conditions apply: 1) appointees generally operate without fear or favor from other branches of government but exceptions exist, or 2) some but not all appointees are granted security of tenure, or 3) appointees are occasionally removed, disciplined or transferred without due process by a peer panel or independent oversight body.

        A 0 score is earned where at least one of the following conditions apply: 1) appointees operate with fear or favor from other branches of government, or 2) are not granted security of tenure, or 3) are usually removed, disciplined or transferred without observing due process by a peer panel or independent oversight body.

        Sources
        1. Interview with Armsfree Ajanaku, Media Contact, Transition Monitoring Group,( Election monitors), 20 October 2014
        2. Interview with Festus Owete, General Editor Premium Times, 18 October 2014, Abuja
        3. Interview with Kayode Idowu, Senior Aide to INEC chairman, Attahiru Jega, 17 October 2014, Abuja
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        Open Question: How does decision-making work in the oversight authority?More about indicator

        The Independent National Electoral Commission has a Political Parties Monitoring Committee as one of its 15 key departments overseen by national electoral commissioners. The national commissioners are second only to the chairman of the commission, Attahiru Jega.

        Currently, Amina Zakari, a national commissioner, is in charge of the PPMC, while the unit is operationally overseen by a director who reports to the national commissioner. The unit serves not to issue final decisions but to submit recommendations and proposals to the chairman, Jega, who meets with the national commissioners to agree or not.

        PPMC officials observe activities of political parties by attending their events, and file their reports with their superiors for review and necessary action. The team also raises an audit team to review the accounts of political parties. The committee has the powers to rule political activities such as party primaries unacceptable, calling for a repeat.

        While the department has been in place for years, INEC’s overall monitoring of political parties and their financing in particular, has remained poor. For the 2015, Mr. Jega has pledged to do more. A spokesperson for the commission and members of the civil society confirmed that a separate unit has been set up within the commission to oversee political/election financing as the 2015 poll draws up. The unit will be overseen by the Political Parties Monitoring Committee.

        As it involves political parties, the unit is occasionally at the center of controversy involving political parties or a faction of a party. In 2012, a faction of the All Progressives Grand Alliance, APGA, accused the then director of PPMC, Regina Omo-Agege, of supporting the leader of another faction of the party, and asked INEC’s leadership to rein the official in.

        In 2013, after INEC, using the PPMC, annulled the election of some leaders of the ruling Peoples Democratic Party, PDP, the party accused PPMC of being manipulated by the opposition against its interest.

        Scoring Criteria

        Please describe: 1) the composition of the decision-making body within the oversight authority, 2) the type of decisions it's allowed to make and makes in practice, and 3) in which cases majority is required. If there have been well substantiated complaints about the decision-making process being ineffective or politicized please explain.

        Sources
        1. Interview with Jide Ojo, International Foundation for Electoral Systems, IFES, Nigeria Office, 24 October 2014, Abuja
        2. Interview with Kayode Idowu, Chief Press Secretary, Independent National Electoral Commission, 17 October 2014, Abuja
        3. Daily Independent, Joe Nwankwo, INEC clamps down on excessive political spending, 24 October 2013, http://dailyindependentnig.com/2013/10/inec-clamps-down-on-excessive-political-spending/
        4. Punch, Friday Olokor, INEC to monitor parties’ campaign expenses, 21 August 2013, http://www.punchng.com/news/inec-to-monitor-parties-campaign-expenses/
        5. Thisday, Chuks Okocha, As INEC Feuds with PDP over NWC Members, 21 April 2013, http://www.thisdaylive.com/articles/as-inec-feuds-with-pdp-over-nwc-members/145501/
        6. Thisday, Onyebuchi Ezigbo, APGA Faction Loses Confidence in INEC Director, 12 November 2012, http://www.thisdaylive.com/articles/apga-faction-loses-confidence-in-inec-director/130358/
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        0
        In practice, to what extent does the authority have sufficient capacity to monitor political finance regulations?More about indicator

        The head of Nigeria's Independent National Electoral Commission, Attahiru Jega, made a rare admission of failure to monitor election finance after the 2011 general election. He blamed lack of manpower and the commission's peculiar spread of responsibilities which covers so many areas. Mr. Jega came under fire for the failing at a time in which many Nigerians acknowledged widespread violations of laws on political financing.

        Since then, annually, the commission has struggled to have political parties submit their audit report as required by law. While the problem has mainly been about the reluctance of the political parties to do so, INEC too has not shown much interest in monitoring parties’ financing. The commission has not complained about funding or staffing, but the chairman, Jega, speaks about INEC having too many responsibilities to be able to adequately focus on all. For instance, INEC is in charge of elections, monitoring of parties and financing, prosecution of electoral offenders (which is another of INEC’s mandate the commission admits it hasn’t done enough), preparation of voters' register and cards, ballot processes, etc.

        The poor supervision of election financing may also have to do with budget and staff capacity, but it essentially appears INEC has been overwhelmed by its responsibilities in the past.

        Mr. Jega has pledged to ensure electoral financing by political parties is strictly monitored in the 2015 elections. The commission has conducted trainings for its staff and says it will partner this time with the civil society to check the problem. An existing unit on political party monitoring will henceforth give more attention to financing beyond mere yearly audit report, a spokesperson said. The unit is well funded, he said.


        Peer reviewer comment: Agree. INEC is empowered to exercise regulatory powers regarding party finances. Section 228(c) of the 1999 Constitution provides that the “National Assembly may by law provide for an annual grant to the Independent National Electoral Commission for disbursement to political parties on a fair and equitable basis to assist them in the discharge of their functions”. The National Assembly since 2010 has neither made such a law nor appropriated funds for that purpose. The political parties have argues that they are private organizations by the fact of not getting funding from the state and therefore should not be subjected to “excessive regulation” by INEC. The Third Schedule of the 1999 Constitution empowers INEC to monitor the organization and operation of parties, including their finances, and arrange for the annual examination and auditing of their funds and accounts. The performance of INEC to date on regulating party funding is unimpressive. INEC for long was unable to perform audits or issue reports on the finance of political parties due mainly to lack of capacity and also the uncooperative attitudes of most of the political parties.

        While the electoral laws empower the Independent National Electoral Commission to regulate sources and nature of funding for political campaigns in Nigeria, the loopholes in the laws have made it almost impossible for INEC and other stakeholders to track sources and nature of political finance in the country. In Section 91 of the Electoral Act 2010, the electoral law sets the spending limit thresholds for candidates running for various government offices, limit on campaign contributions and donations. The rationale for this is the assumption that candidates normally spend more than their parties on their electioneering campaigns and other related activities. Significant part of candidate’s expenses do take the form of third party spending which is not a violation of the regulations on party finance. Third, party spending in the form of donations, contributions and media sponsorship by ‘committee of friends’ has become very popular in Nigeria. This poses a great challenge for both INEC.

        Also, while Section 225(2) of the 1999 Constitution specifically requires political parties to disclose their sources of funds and their manner of expenditures. It is the political parties and not the candidate that are answerable under the present legal regime. Thus, some forms of illicit use of money persist but they are not violations under the electoral law. In this circumstance, it is almost impossible for INEC to prosecute candidates in court for violating political finance e regulations using the provisions of Section 150 (2) of the Electoral Act 2010 (as amended). The weak capacity of the election management bodies in Nigeria to monitor and supervise political parties especially in the area of party funding and other related areas in the use of money for the prosecution of elections is a major limitation. INEC to date has not demonstrated any capacity to effectively monitor any aspect of the use of money by parties and candidates. First, successive electoral laws have not empowered INEC to effectively monitor compliance by political parties. Secondly, INEC has no technical capacity to monitor compliance among the parties. INEC still has difficulties getting available statistics on the exact amount of money expended by candidates and political parties during the 2011 elections.

        Scoring Criteria

        A 100 score is earned where: 1) the authority has sufficient budget to monitor all incoming reports, and 2) it has sufficient staff to review all incoming reports.

        A 50 score is earned where: 1) the authority has insufficient budget to monitor all incoming reports, or 2) its staff can only review half of all incoming reports.

        A 0 score is earned where: 1) the authority can't fulfill most of its essential functions due to budget constraints, or 2) its staff only has the capacity to review 25% or less of all incoming reports.

        Sources
        1. Interview with Jide Ojo, International Foundation for Electoral Systems, IFES, Nigeria Office, 24 October 2014, Abuja
        2. Interview with Kayode Idowu, Chief Press Secretary, INEC, 17 October 2014, Abuja
        3. Punch, Friday Olokor, INEC to monitor parties’ campaign expenses, 21 August 2013, http://www.punchng.com/news/inec-to-monitor-parties-campaign-expenses/
        4. Premium Times, Mohammed Lere, 2015 Elections: INEC to monitor campaign expenditures, party finances – Wali, 24 October 2013, https://www.premiumtimesng.com/news/147214-2015-elections-inec-monitor-campaign-expenditures-party-finances-wali.html

        Reviewer's sources: Okey Ibeanu “Regulating Nigerian Political Parties: The Role of the Independent National Electoral Commission” in Olu Obafemi et al eds. Political Parties and Democracy in Nigeria Kuru: National Institute for Policy and Strategic Studies, 2014.

        Victor A.O Adetula "Party Funding in Nigeria Since 1999" Abuja: Centre for Democracy and Development (CDD), Nigerian Political Parties Discussion Series (NPPDS) 2014.

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        In practice, to what extent does the authority conduct investigations or audits when necessary?More about indicator

        The Independent National Electoral Commission has not conducted any investigation or investigative audit beyond the routine compliance review carried out on political parties. All political parties are expected to submit their audit reports annually. But that has not been the case. For the most recent compliance audit in 2011, only two parties fully complied out of 23.

        The electoral body merely reported that outcome without a follow-up investigation or a probe on the claims by those who provided figures. Civil society leaders- only a few of whom focus on political financing in Nigeria- have criticized the commission for making the exercise voluntary on political parties instead of insisting on results.

        This forms a part of the reforms the commission has pledged to implement ahead of the 2015 elections. Political parties and their candidates this time, are to compulsorily report all their dealings to the commission.

        Scoring Criteria

        A 100 score is earned where the authority conducted at least three investigations or audits during the most recent electoral campaign.

        A 50 score is earned where the authority conducted at least one investigation or audit during the most recent electoral campaign.

        A 0 score is earned where the authority didn't conduct any investigation or audit during the most recent electoral campaign.

        Sources
        1. Interview with Eze Onyekpere, Lead Director, Centre for Social Justice, 20 October 2014, Abuja
        2. Interview with Kayode Idowu, Chief Press Secretary, Independent National Electoral Commission, 17 October 2014, Abuja
        3. Interview with Festus Owete, General Editor, Premium Times, 16 October 2014, Abuja
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        In practice, to what extent does the authority publish the results of investigations or audits?More about indicator

        The Independent National Electoral Commission has not conducted any investigation or investigative audit beyond the routine compliance review carried out on political parties. All political parties are expected to submit their audit reports annually. But that has not been the case. For the most recent compliance audit, only two parties fully complied out of 23. As no investigations have been carried out, the INEC has not published the results of any investigation or audit.

        Scoring Criteria

        A 100 score is earned where the authority publishes reports of all its investigations or audits a month or less after their conclusion.

        A 50 score is earned where reports are available to the public more than a month after the conclusion of the investigation or audit.

        A 0 score is earned where reports are not available to the public or they become available after six months or more after conclusion of the investigation or audit. A 0 score is also earned where only summaries of the reports are publicly available.

        Sources
        1. Interview with Eze Onyekpere, Lead Director, Centre for Social Justice, 20 October 2014, Abuja
        2. Interview with Kayode Idowu, Chief Press Secretary, Independent National Electoral Commission, 17 October 2014, Abuja
        3. Interview with Festus Owete, General Editor, Premium Times, 16 October 2014, Abuja
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      Enforcement Capabilities
      More about category
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        YES
        In law, there are sanctions in response to political finance violations.More about indicator

        This laws provides specific sanctions to specific political finance violations. The provisions sanctions both the political parties as well as candidates.

        Section 91(10) of the Electoral Act says: "A candidate who knowingly acts in contravention of this section commits an offence an on conviction in the case of (a) Presidential election, is liable to a maximum fine of N1,000,000(USD6,000) or imprisonment for a term of twelve months or both, (b) Governorship election, is liable to a maximum fine of N800,000 (USD 5,400) or imprisonment for a term of nine months or both, (c) Senatorial election in the Nation Assembly election, is liable to a maximum fine of N600,000 (USD 4,800) or imprisonment for a term of six months or both, (d) House of Representative elections in the National Assembly elections is liable to a maximum fine of N500,000;00 (USD 3,000) or imprisonment for a term of five months or both."

        Section 92(4) stipulates: "A political party who contravenes subsection (3) of this section commits an offense is liable to on conviction to a maximum fine of N1,000,000 (USD 6,000) and in a case of failure to submit an accurate audited return within the stipulated period, the Court may impose a maximum penalty of N200,000 (USD 1,200) per day on any party for the period after the return was due until it is submitted to the Commission," and

        Section 92(7) states that: "A political party that incurs electoral expenses beyond the limit stipulated in this Act commits an offence and is liable to on conviction to a maximum fine of N1,000,000 (US 6,000) and forfeiture to the Commission of the amount by which the expenses exceed the limit set by the Commission."

        Scoring Criteria

        A YES score is earned where: 1) the law clearly defines violations of political finance laws, and 2) there are clearly defined sanctions for specific violations.

        A MODERATE score is earned where violations are clearly defined but sanctions for specific violations are not.

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, 2010, Sections 91-92. www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
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        MODERATE
        In law, the oversight authority has the power to impose sanctions.More about indicator

        The law provides that the Commission shall be prosecute violators of the Electoral Act independently using their legal officers or other legal practitioners so delegated by it. The executive does not have to approve such prosecutions.

        Section 150(1) says that '' An offense committed under this Act shall be triable in a Magistrate court of a High Court of a State in which the offense is committed or the Federal Capital Territory, Abuja''.

        Section 150(2) provides thus, ‘‘A prosecution under this Act shall be undertaken by legal officers of the Commission or any other legal practitioner appointed by it''.

        All offences regarding finances can only be punished by the courts. INEC is not given direct powers to sanction delinquents.

        Scoring Criteria

        A YES score is earned where: 1) the oversight authority has the power to impose sanctions, and 2) it can directly prosecute violators before the courts or is independent to send cases to public prosecution.

        A MODERATE score is earned where the oversight authority has the power to impose sanctions, but it can't directly prosecute violators before the courts or is not independent to send cases to public prosecution.

        A NO score is earned where no such law exists.

        Sources
        1. Electoral Act, 2010, Section 150. www.inecnigeria.org/wp-content/uploads/2013/07/EA2010.pdf
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        In practice, to what extent do offenders comply with sanctions imposed?More about indicator

        There are no records or instances of sanctions being meted out against political parties or candidates. The oversight body, the Independent National Electoral Commission, INEC, has not sanctioned any political party or candidate due to violations of political financing in many years.

        The electoral body occasionally publishes reports showing whether political parties maintain audited accounts or abide by the requirements of the law. Where parties don't, INEC merely mentions that in the report without sanctions. The electoral body has acknowledged doing far too little in the past to monitor political financing.

        Scoring Criteria

        A 100 score is earned where: 1) offenders comply with the sanctions imposed without exception, and 2) they are not repeat offenders.

        A 50 score is earned where: 1) offenders usually comply with the sanctions imposed but exceptions exist, or 2) most are not repeat offenders but some exceptions exist.

        A 0 score is earned where: 1) offenders rarely comply with the sanctions imposed, or 2) most are repeat offenders.

        Sources
        1. Interview with Kayode Idowu, Chief Press Secretary, Independent National Electoral Commission, Abuja, 16 October 2014
        2. Interview with Festus Owete, General Editor, Premium Times, 15 October 2014, Abuja
        3. Vanguard, Cliffor Ndujihe & Apo Akinrefon, Audited accounts: INEC indicts PDP, CPC, 53 others, 20 February 2013, http://www.vanguardngr.com/2013/02/audited-accounts-inec-indicts-pdp-cpc-53-others/
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        Open Question: How strong is enforcement, and what impedes more effective enforcement?More about indicator

        The oversight body, the Independent National Electoral Commission, INEC, has not sanctioned any political party or candidate over violation of political financing in years. It merely publishes reports showing whether political parties maintain audited accounts or abide by the requirements of the law. Where parties don't, INEC merely mentions that in the report without sanctions. The electoral body has acknowledged doing far too little in the past to monitor political financing.

        Besides the lack of capacity to monitor the campaign funding- which the chairman of INEC has acknowledged and has pledged reforms- the electoral body is also constrained by what many see as paltry sanctions provided in the law that could barely deter prospective offenders.

        A typical example is Section 91 of the 2010 Electoral Act, which provides limits of election expenses for different offices. For presidential election, the law says the expenditure shall not exceed one billion naira (about USD6m); yet where a candidate exceeds that amount, s/he shall pay only one million naira (about USD6, 000) as fine or is jailed for 12 months or both. For the governors, the limit shall be 200 million naira (about USD1.2m) while the fine shall be 800,000 naira(less than USD5, 000).

        Nigeria needs stiffer penalties for candidates who spend in excess of statutory limitations. There should also be amendments to the Electoral Act to regulate pre-election expenditure as well, to discourage the often huge spending indulged in by political parties to evade the regulation set after notice of election had been given.

        Candidates should also be given the obligation of reporting their expenses and finances as political parties are currently required to do. An amendment to the Electoral law should also regulate fees paid by candidates to political parties for nomination forms. There should also be provisions for strict monitoring of use of state resources in favour or against any party, and there should be a paper and banking trail for all campaign finance expenditure.


        Peer reviewer comment: Agree - There is no controversy about the need for electoral reform in Nigeria. Indeed, ongoing reform of the electoral system has focused on institutional restructuring and reorganization of INEC. In this regard some laudable accomplishments have been recorded in terms of the improvement in its operational strategies as well as: “a systematic process of repositioning the Commission" towards the institutionalization of its core structures and processes. Also, we take adequate notice of the remarkable changes and innovations within the ‘modus operandi’ of INEC which are guided by the Report of the Registration and Election Review Committee (RERC), INEC Strategic Plan, 20012-2016 and Work Plan, Report of the Technical Committee On Election Project Plan (TCEPP) and the Election Management System (EMS).

        There are concerns however that political finance has not received adequate attention in the on-going reform. Presently the regulatory framework for party financing consists of some provisions in 1999 Constitution of the Federal Republic of Nigeria, (as amended), Electoral Act 2010 (as amended), and some provisions of the Company and Allied Act. In addition to these sources, INEC has produced a number of manuals to guide political parties in financial reporting and other related procedures. Even so, there are several loopholes in the existing legal framework. First, the argument in the official circles that public funding of political parties promotes corruption (which possibly was responsible for the withdrawal of government subventions from political parties in the 2010 Electoral Act) needs to be revisied. Secondly, with private funding as the only source for political party financing, and coupled with the challenges of weak capacity of election regulatory bodies, notably INEC and State Independent Electoral Commissions (SIECs), there is a high prospect for the domination of the electoral process by the ‘money-bags’ and ‘godfathers’ thus working against level playing ground for all political actors. Electoral reform needs to check the growing influence of money bags through appropriate legal frameworks and enforcement mechanism.

        The present electoral laws have not made candidates answerable for any breach of political finance regulations. It is worth noting that Section 225(2) of the 1999 Constitution specifically requires political parties to disclose their sources of funds and their manner of expenditures. It is the political parties and not the candidate that are answerable under the present legal regime. Thus, some forms of illicit use of money persist but they are not violations under the electoral law. In this circumstance, it is almost impossible for INEC to prosecute candidates in court for violating political finance e regulations using the provisions of Section 150 (2) of the Electoral Act 2010 (as amended).

        The weak capacity of the election management bodies in Nigeria to monitor and supervise political parties, especially in the area of party funding and other related areas in the use of money for the prosecution of elections, is a major limitation that should be addressed. INEC to date has not demonstrated any capacity to effectively monitor any aspect of the use of money by parties and candidates. First, successive electoral laws have not empowered INEC to effectively monitor compliance by political parties. Secondly, INEC has no technical capacity to monitor compliance among the parties. INEC still has difficulties getting available statistics on the exact amount of money expended by candidates and political parties during elections. The responses of the parties to these statutory requirements have not been quite impressive. This is compounded by INEC's inability to demonstrate any serious capacity for effective enforcement of the relevant laws and regulations.

        Scoring Criteria

        Please provide a general explanation of the effectiveness of enforcement, describing: 1) any conditions that may prevent effective enforcement, and 2) explain what are the most urgent areas of reform in the country's political finance system.

        Sources
        1. Interview with Kayode Idowu, Chief Press Secretary, Independent National Electoral Commission, Abuja, 16 October 2014
        2. Interview with Festus Owete, General Editor, Premium Times, 15 October 2014, Abuja
        3. Vanguard, Cliffor Ndujihe & Apo Akinrefon, Audited accounts: INEC indicts PDP, CPC, 53 others, 20 February 2013, http://www.vanguardngr.com/2013/02/audited-accounts-inec-indicts-pdp-cpc-53-others/

Nigeria is a federal republic with a bicameral legislature and a directly elected President. The President serves as the head of state, and appoints the members of the cabinet. Presidents serve four year terms, and may hold office for no more than a total of two terms.

The National Assembly, Nigeria's legislature, is composed of two houses: the House of Representatives and the Senate. The 360 members of the House are elected to four year terms in single seat constituencies using a first-past-the-post system in which the first candidate to obtain the most votes takes the seat. The Senate is composed of 109 members, each of whom serves a four year term. 108 Senators are elected in 36 three seat multimember constituencies using plurality at large voting, in which voters choose three candidates, and the three candidates receiving the most votes win seats. The remaining Senator is elected in the federal capital.

In principle, presidential campaigns are funded at both the party and the candidate level, and the management of those funds is shared by both actors as well. Similarly, campaign funds in legislative elections are shared between parties and candidates, as is the responsibility for managing those funds. However, in practice, candidates and their campaign organizations and other related platforms manage campaign activities without reference to political parties.

The most recent national level elections in Nigeria were held in April, 2011. Goodluck Jonathan, a member of the People's Democratic Party, won the presidency. The PDP also won a comfortable majority in the National Assembly, and now controls a significant number of state-level governments as well.