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2007 Assessment

Nigeria: Integrity Indicators Scorecard

Nigeria: Integrity Scorecard Report > Sub-Category: Political Financing
Indicators		Score
20	Are there regulations governing political financing?	71
21	Are the regulations governing political financing effective?	8
22	Can citizens access records related to political financing?	0

Indicator and sub-Indicator Details

Are there regulations governing political financing?

20a: In law, there are regulations governing private contributions to political parties.

Score:

YES

Comments: This section gives the Independent Electoral Commission (INEC) the power to place limitations on the monetary or other resources that can be contributed. It does not actually state a cap to contributions.

References: Section 92(1), Electoral Act 2006

20b: In law, there are limits on individual donations to candidates and political parties.

Score:

YES

Comments:

References: Sections 92 (1) and 93 (9), Electoral Act 2006

20c: In law, there are limits on corporate donations to candidates and political parties.

Score:

YES

Comments: The constitution and CAMA out rightly prohibit any donations by corporate entities, while the Electorate Act sets a cap. Any law contrary to the constitution is null and void to the extent of its inconsistency.

References: 1.Sections 38(2), Company and Allied Matters Act, 1990 2.Sections 221, Nigeria's Federal Constitution, 1999 3.Sections 92(1) and 93 (9), Electoral Act, 2006

20d: In law, there are limits on total political party expenditures.

Score:

YES

Comments: This provision does not state the amount, but it gives INEC the right to regulate it in consultation with political parties.

References: Section 94(2), Electoral Act 2006

Peer Review Comments: But there is a limitation on the amount that may be spent on elections. That is the essence of Section 94.

20e: In law, there are requirements for disclosure of donations to political candidates and parties.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are any requirements mandating the disclosure of financial contributions to political parties or candidates. NO: A NO score is earned if there are no requirements mandating the disclosure of contributions to political parties or candidates, existing regulations do not require a donor\'s name or amount given, or the regulations allow for anonymous donations.$

Comments:

References: 1.Section 225 (2), 1999 Federal Constitution 2.Sections 88 (3) and (4), Electoral Act 2006

20f: In law, there are requirements for the independent auditing of the finances of political parties and candidates.

Score:

YES

Comments: This section provides that every political party shall submit to INEC a detailed statement and analysis of its expenses. No mention is made of independent audits of the finances of parties and candidates.

References: 1. Section 225 (2), 1999 Federal Constitution

Peer Review Comments: The quoted section of the law indicates that auditing of the political parties is required. This is actually done in practice.

20g: In law, there is an agency or entity that monitors the political financing process.

Score:

YES

Comments: This is the Independent National Elections Commissions (INEC). It is charged with a myriad of functions like voter registration, conduct of elections, and observing political financing processes.

References: 1.Third Schedule, Part F, 1999 Constitution

Are the regulations governing political financing effective?

21a: In practice, the limits on individual donations to candidates and political parties are effective in regulating an individual's ability to financially support a candidate or political party.

Score:

100

Comments: The Independent National Elections Commissions (INEC) never set a limit on contributions as tasked by the laws. There is little or no monitoring done by INEC, and this is hardly complied with.

References: 1. Jide Ojo, senior program officer, IFES Nigeria, IFES Abuja Office, Aug. 18, 2007; 2. Nigeria's Elections: Avoiding a Political Crisis Africa Report N°123, March 28, 2007 International Crisis Group, March 28, 2007 [ LINK ]

21b: In practice, the limits on corporate donations to candidates and political parties are effective in regulating a company's ability to financially support a candidate or political party.

Score:

100

Comments: There is supposed to be no corporate donations at all, but this rule is disobeyed and companies are publicly donating to the ruling political party.

21c: In practice, the limits on total party expenditures are effective in regulating a political party's ability to fund campaigns or politically-related activities.

Score:

100

Comments: The limits as stated by the Electoral Act are specific on individual candidates expenditures and vague on political parties expenditures. It says that these limits should be decided in consultation with the parties themselves by the Clectoral Commission, and this has not been done by the Independent National Elections Commissions (INEC).

References: 1. Jide Ojo, senior program officer, IFES Nigeria, IFES Abuja Office, Aug. 18, 2007; 2. Olufunto Akinduro, program manager, the Electoral Reform Network (ERN), ERN's office, Aug. 14, 2007 3. Press Statement by the Electoral Act Observatory Team of the Electoral Reform Network on the Level of Compliance with the 2006 Electoral Act and Proposals for Constitutional and Electoral Reform, May 2007

21d: In practice, when necessary, an agency or entity monitoring political financing independently initiates investigations.

Score:

100

Comments: The agency rarely ever does this. It even has no basis to monitor politcal financing, because it did not determine limits on elections expenses as stated by the Electoral Act.

21e: In practice, when necessary, an agency or entity monitoring political financing imposes penalties on offenders.

Score:

100

Comments: It does not monitor political financing, so it cannnot impose fines on offenders.

21f: In practice, contributions to political parties and candidates are audited.

Score:

100

Comments: In the period under review, the Electoral Commission has not done this, because it is not compelled by law to do so. Despite this, a few parties have sent in audited reports of their accounts to the Commission.

Peer Review Comments: Even the audited reports sent to the Electoral Commission are not accurate and may contain falsified information.

Can citizens access records related to political financing?

22a: In practice, political parties and candidates disclose data relating to financial support and expenditures within a reasonable time period.

Score:

100

Comments: In the period under review, none of the parties published their expenses.

22b: In practice, citizens can access the financial records of political parties and candidates within a reasonable time period.

Score:

100

Comments: Citizens have not been able to access records of candidates or political parties at all. There aren't any known cases of citizens even trying to access these reports.

22c: In practice, citizens can access the financial records of political parties and candidates at a reasonable cost.

Score:

100

Comments: They do not try to access these reports.