Political Campaigns and INEC’s Riot Act 

Beyond the usual rhetoric of warning political parties and their candidates against the use of public facilities and religious centres for campaigns, the Independent National Electoral Commission should apply sanctions to serve as deterrent, Chuks Okocha writes

The Independent National Electoral Commission (INEC) has frowned at campaigns in public offices and religious centres, saying they violate the Electoral Act.

While warning political parties and candidates against such violations, INEC asked them to align strictly with the provisions of the Electoral Act to avoid sanctions as stipulated by the Act.

INEC National Commissioner and Chairman of its Committee on Information and Voter Education, Mr. Festus Okoye, explained that the law expected political campaigns to be civil and devoid of abuse as provided in Section 92 of the Electoral Act, 2022.

The electoral body fixed September 28 for the take- off of presidential and National Assembly campaigns, while the elections are slated for February 25, 2023. The timetable released by the commission also indicated that governorship and state Houses of Assembly elections would be held on March 11, 2023.

In the past, most political parties and their candidates engaged in subtle campaigns in public offices and worship centres, especially churches and mosques, to woo civil servants and worshippers.

In the build-up to the current political dispensation, candidates of political parties have been making it their pastime to be visiting churches and other worship centres as part of their major steps to mobilise the electorate and build support base. While some of them are invited, others are not invited.

A particular presidential candidate of one of the leading three political parties has so far visited or has been invited to about six churches or crusades since he became the flagbearer of his party where he received a tumultuous welcome from the congregations and won many supporters.

Many are wondering if these political parties or their candidates have not read the Electoral Act to know that they flagrantly contravene the law by their actions.

Relying on Section 92 of the Electoral Act, 2022, Okoye explained that the law expected political campaigns to be civil and devoid of abuse. He asked political parties to align strictly with the provisions of the Electoral Act to avoid sanctions as stipulated by the Act.

He said: “Section 92 of the Electoral Act makes it mandatory that a political campaign or slogan shall not be tainted with abusive language directly or indirectly likely to injure religious, ethnic, tribal or sectional feelings.

“Therefore, abusive, intemperate, slanderous or base language or insinuations or innuendoes designed or likely to provoke violent reaction or emotions shall not be employed or used in political campaigns. Also, at a political rally held in Katsina State last week where 19,500 members of the All Progressives Congress (APC) defected to the Peoples Democratic Party (PDP) were captured on camera burning brooms, the symbol of the APC. This could be regarded as incendiary.

“Subsection 3 states that places designated for religious worship, police stations and public offices shall not be used for political campaigns, rallies and processions; or to promote, propagate or attack political parties, candidates or their programmes or ideologies.

“Masquerades shall not be employed or used by any political party, aspirant or candidate during political campaigns or for any other political purpose.”

The INEC official stated that reference to subsection (5) of Section 92 warned parties and candidates against training or enlisting the help or services of individuals or groups for the purpose of displaying physical force or coercion in a manner that could arouse reasonable apprehension during the campaigns.

Okoye added: “A political party, aspirant or candidate shall not keep or use armed private security organisation, vanguard or any other group or individual by whatever name called for the purpose of providing security, assisting or aiding the political party or candidate in whatever manner during campaigns, rallies, processions or elections.

Speaking on the need for compliance, the INEC national commissioner pointed out that the Act already provided for sanctions for violators and that adherence to the law should be prioritised by all the parties and candidates.

In tandem with subsections 7(a)(b) and 8, he stated, “A political party, aspirant or candidate who contravenes any of the provisions of Section 92 of the Act commits an offence and is liable on conviction in the case of an aspirant or candidate, to a maximum fine of N1,000,000 or imprisonment for a term of 12 months; and in the case of a political party, to a fine of N2,000,000 in the first instance, and N1,000,000 for any subsequent offence.

“A person or group of persons who aids or abets a political party, an aspirant or a candidate in organising or equipping any person or group for the purpose of enabling them to be employed for the use or display of physical force commits an offence and is liable on conviction to a fine of N500,000 or imprisonment for a term of three years or both.

For those who coerce others to support their candidates or to refrain from supporting a particular candidate during campaigns, Okoye reminded them that “Section 93 of the Act prohibits a party, candidate, aspirant or person or group of persons from directly or indirectly threatening any person with the use of force or violence during any political campaign in order to compel that person or any other person to support or refrain from supporting a political party or candidate. 

“A political party, candidate, aspirant, person or group of persons that contravenes the provisions of Section 93(1) of the Act commits an offence and is liable on conviction in the case of a candidate, aspirant, or person or group of persons, to a maximum fine of N1,000,000 or imprisonment for a term of 12 months; and in the case of a political party, to a fine of N2,000,000 in the first instance, and N500,000 for any subsequent offence.”

Many Nigerians are wondering when INEC would go beyond the rhetoric and sanitise the electoral space. Many Nigerians feel that they have had enough of the sermons from commission. They demand that it should go beyond the sermons and apprehend and prosecute electoral offenders.

Those who spoke with THISDAY feel that these offences are frequently violated because of lack of decisive actions on the part of the electoral umpire.