NATIONAL COLLOQUIUM ON POLITICAL PARTIES AND

FREEDOM OF ASSOCIATION

 

Introduction

 

The Citizens Forum for Constitutional Reform, in collaboration with the International Human Rights Law Group, held a National Colloquium on Political Parties and Freedom of Association from 13th to 14th July 2000 in Abuja. The Colloquium brought together activists, academicians and lawyers. Nigerian and foreign experts shared their varied perspectives with participants on the provisions of 1999 Constitution of the Federal Republic of Nigeria as they relate to Political Parties and Freedom of Association.

On the second day of the Colloquium, participants were divided into groups for a more in-depth look at the provisions of the 1999 Constitution in relation to Political Parties and Freedom of Association, and the Independent Electoral Commission' s Draft Electoral Law and to make concrete proposals for amendments. The Colloquium did a through x - ray of the contentious provisions of the 1999 Constitution and INEC's Draft Electoral Law and proffered possible amendments. Certain sections were however retained.

We hereby reproduce the provisions of the 1999 Constitution and INEC's Draft Electoral Law that were considered by the Colloquium and the suggested amendments

PROPOSED AMENDMENTS TO THE 1999 CONSTITUTION IN RELATION TO POLITICAL PARTIES AND FREEDOM OF ASSOCIATION

 

Section 40

"Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests:
Provided that the provisions of this section shall not derogate from the powers conferred by this Constitution on the Independent National Electoral Commission with respect to political parties to which that Commission does not accord recognition.

Proposal

The second paragraph should be deleted.

Section 221

 

"No association, other than a political party, shall canvass for votes for any candidate at any election or contribute to the funds of any political party or to the election expenses of any candidate at an election.

 

Proposal

 

This section should be deleted.

 

Section 222 Subsection 1(e)

 

"No association by whatever name called shall function as a political party, unless -

 

(e) the name of the association, its symbol or logo does not contain any ethnic or religious connotation or give the appearance that the

activities of the association are confined to a part only of the

geographical area of Nigeria."

Proposal

The first part, i.e. "the name of the association, its symbol or logo does not contain any ethnic or religious connotation" should remain, while the second part, i.e. "give the appearance that the activities of the association are confined to a part only of the geographical area of Nigeria" should be deleted.

 

Section 223 Subsection 1(b)

 

"The constitution and rules of a political party shall -

 

(b) ensure that the members of the executive committee or any other governing body of the political party reflect the federal character of Nigeria."

 

Proposal

 

Section 223 Sub - Section 1(b) should read:

 

"ensure that the members of the executive committee or any other governing body of the political party reflect such diversities as gender, culture, ethnic grouping and religion."

 

Section 223 Subsection 2 (a)

 

For the purposes of this section -

 

(a)the election of the members of the officers or members of the executive committee of a political party shall be deemed to be periodical only if it is made at regular intervals not exceeding four years."

 

Proposal

This provision should be deleted.

Section 223 Subsection 2(b)

(b) "the members of the executive committee or other governing body of the political party shall be deemed to 
reflect the federal character of Nigeria only if the members thereof belong to different States not being less in 
number than two - thirds of all the States of the Federation and the Federal Capital Territory, Abuja.

Proposal

This sub - section should be amended to read:

"the members of the executive committee or any other governing body of the political party reflect such 
diversities as gender, culture, ethnic grouping and religion, provided that in the case of gender, 30% of 
members of the executive committee shall or any other governing body of the political party shall be women."

Section 224

"The programme as well as the aims and objects of a political party shall conform with the provisions of 
Chapter 11 of this Constitution."

Proposal

Section 224 should be amended to read:

"The programme as well as the aims and objects of a political party shall conform with the provisions of this 
Constitution."

Section 225 Subsections 1 & 2

225 (1)

`Every political party shall, at such times and in such manner as the Independent Electoral Commission 
may require, submit to the Independent National Electoral Commission and publish a statement of its 
assets and liabilities."


"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."

Proposal

Sub - sections 1 & 2 should be merged.

Section 225 Subsections 3(b) & 4

`No political party shall -

(b)be entitled to retain any funds or assets remitted or sent to it from outside Nigeria."

Subsection 4

"Any funds or other assets remitted or sent to 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."

Proposal

Sub - sections 3(b) & 4 should be merged and amended to read:

"Any funds or other assets remitted or sent to political party from outside Nigeria shall be declared to the 
Electoral Commission."



Section 225 Subsections 5 & 6

Subsection 5

"The Commission shall have power to give directions to political parties regarding the books or records of 
financial transactions which they shall keep and, to examine all such books and records."

Subsection 6

`The powers conferred on the Commission under subsection (4) of this section may be exercised by it 
through any member of its staff or any person who is an auditor by profession, and who is not a member of a 
political party."

Proposal

Sub - sections 5 & 6 should be deleted.

Section 226 Subsection 3(a)

Subsection 3(a)

Every member of the Commission or its duly authorized agent shall -

(a)have a right of access at all times to the books and accounts and vouchers of all political parties."

Proposal

This sub - section should be amended to read:

"The Electoral Commission shall -
(a)have a right of access at all times to the books and accounts and vouchers of all political parties."


Section 227

"No association shall retain, organize, train or equip any person or group of persons for the purpose of 
enabling them to be employed for the use or display of physical force or coercion in promoting any political 
objective or interest or in such manner as to arouse reasonable apprehension that they are organized and 
trained or equipped for that purpose."

Proposal

Section 227 should be amended to read:

"No political party or member of any political party shall retain, mobilize, organize, train or equip any person 
or group of persons for the purpose of enabling them to be employed for the use or display of physical force 
or coercion in promoting any political objective or interest or in such manner as to arouse reasonable 
apprehension that they are organized and trained or equipped for that purpose."

Section 229 - Interpretation

Political Party

"Political Party' includes any association whose activities include canvassing for votes in support of a 
candidate for election to the office of President, Vice - President, Governor, Deputy Governor or 
membership of a legislative house or of a local government council."

Proposal

The interpretation of a Political Party should be amended to read:

"Political Party' includes any association of persons who have come together to pursue a common 
objective, including taking state power."


PROPOSED AMENDMENTS TO THE DRAFT ELECTORAL LAW

Section 89 Subsection 1

"No association, other than a Political Party, shall canvass for votes for, or sponsor any candidate at any 
election or contribute to the fund of any Political Party or to the election expenses of any candidate at an 
election."

Proposal

This provision should be deleted.

Section 89 Subsection 2

"Any association which contravenes the provisions of Subsection (1) of this section is guilty of an offence 
and the leaders of the association shall be severally liable on conviction to a fine not more than N250,000 or 
imprisonment for a term of 5 years or to both such fine and imprisonment."

Proposal

Sub - section 2 should be deleted.

Section 89 Subsection 3

"In this section, `leaders of an association' means every person holding an executive position in that 
association, including in particular, the Chairman, Secretary or Treasurer of the association and every 
member of its committee of management, howsoever described."

Proposal

This provision should be deleted.



Section 90 Subsection (e)

"No association by whatever name called shall function as a Political Party unless it is registered by the 
Commission as Political Party and

(e) the Headquarters of the association is situated in the Federal Capital Territory, Abuja.'

Proposal

This provision should be deleted.

Section 90 Subsection (f)

"No association by whatever name called shall function as a Political Party unless it is registered by the 
Commission as a Political Party and 
(f) the names and addresses of its national officers are registered with the Commission."

Proposal

The word "national" should be deleted.

Section 90 Subsection (a)

"No association by whatever name called shall function as a Political Party unless it is registered by the 
Commission as a Political Party and 
"it furnishes to the Commission the addresses of the branches of the Political Party in at least two third of the 
states of the Federation including the Federal Capital Territory, Abuja."

Proposal

This sub - section should be deleted.



Section 91 (b)

`The constitution and rules of a Political Party shall -

(b)ensure that the members of the executive committee or other governing body of the Political Party reflect 
the federal character of Nigeria."

Proposal

Section 91 (b) should be amended to read:

"ensure that the members of the executive committee or other governing body of the Political Party reflect 
the gender character of Nigeria."

Section 92 (b)

"Subject to the provisions of section 90 (1) (b) of this Act, no person shall be eligible to be registered as a 
member of a Political Party if he

(c)is a member of the Public Service or Civil Service of the Federation or State as defined by the 
Constitution."

Proposal

This provision should be deleted.

Section 94 (a) & (b)

"For the purposes of this Act, an application by an association for registration as a Political Party shall be in 
Form PP.1 set out in the 2"d Schedule to this Act and be accompanied by the following documents, that is 
(a)ten printed copies or such number as the Commission may require of the current constitution of the 
association.



(b)Ten printed copies or such number as the Commission may require of the association's programme and 
its aims and objectives."

Proposal

Section 94 Sub - sections (a) & (b) should be amended to read:

(a)one printed copy of the current constitution of the association; (b)one printed copy of the association's 
programme and its aims and objectives.

Section 94 Subsection 2

"Every application shall be addressed to the Chairman of the Commission at the principal office of the 
Commission."

Proposal

This provision should be amended to read:

"Applications shall be submitted to any office of the Commission."

Section 95 Subsections (2) & 3

(2) If the Commission is of the opinion that an association has not fulfilled all the conditions as 
aforementioned, it shall refuse to register such association as a Political Party and shall state in writing the 
grounds for such refusal and notify the association accordingly."

(3) Any Political Party which after having been duly registered upon satisfying the Commission that its 
constitution and rules are in accordance with section 223 of the Constitution subsequently contravenes the 
provisions of that section shall have its registration certificate cancelled by the Commission and shall 
thereupon cease to function as a Political Party."

Proposal

Sub - sections 2 & 3 should be deleted.




Sections 97 -103

97 1 Every registered Political Party shall give the Commission at least seven days notice of any 
convention, congress, conference or meeting convened for the purpose of electing members of its 
executive committees, other governing bodies or nominating candidates for any of the elective 
offices specified in section 28 of this Act.

(2) The Commission may with or without prior notice to the Political Party monitor and attend 
any convention, congress, conference or meeting which is convened by a Political Party for the 
purpose of -

(a)electing members of its executive committees or other governing bodies; or (b)nominating 
candidates for an election at any level; (c) approving a merger with any other registered 
Political Party.

(3) Notice of any congress, conference or meeting for the purpose of nominating candidates 
for Local Government Area Council elections shall be given to the State Independent 
Electoral Commission at least seven days before such congress, conference or meeting.

(4) The State Independent Electoral Commission may with or without prior notice to the 
Political Party monitor congress, conference or meeting convened for the purpose of 
nominating candidates for Local Government Area Council election.

Section 98. A Political Party registered under this Decree may change its registered name 
but no change shall be valid until it has been approved by the Commission.

99 11) Every registered Political Party shall renew its registration on or before 31 S 
December following every presidential election on payment of a fee as may be prescribed 
by the Commission.

(2) Where a Political Party fails to renew its registration as provided under subsection (1) 
of this section after 3 calendar months from the date the renewal becomes due, it shall be 
deemed as having forfeited its right to be so registered, and it shall cease to function as 
Political Party.

(3) If the Commission withholds the right and privileges of a Political Party pursuant to 
subsection (2) of this section, no person shall -

(b) summon a meeting of members or officers of the Political Party; or

(c) attend a meeting of the Political Party as a member or officer of the party; or

(d) do or cause to be done any act whatsoever in the name, or on behalf of the Political Party.

(4) The Commission shall revoke the registration of a Political Party if, after 3 months of 
withholding the rights and privileges of the Political Party under subsection (2) of this section, 
the Political Party continues to default in renewing the registration.

(5) A person who contravenes the provisions of subsection (3) of this section is guilty of an 
offence and liable on conviction to a fine of N50,000.00 or imprisonment for a term of 1 year 
or to both such fine and imprisonment.

100 (1) Every Political Party which contravenes the provisions of this part of this Act shall be 
liable to have-its certificate withdrawn by the Commission.

101 (1) There shall be a register of symbols kept by the Commission for use at elections.

(2) The leader of a Political Party may apply to the Commission for entry in the 
register of symbols of a symbol to be used by his Political Party.

(3) The Commission shall register the symbol of a Political Party upon payment of the prescribed fee if it 
is satisfied

(a ) that no other symbol of the same design is registered; (b) that the symbol is distinctive from any other 
symbol already registered; and (c) that its use will not be offensive or otherwise objectionable, howsoever.

(4) The Commission shall without the refund of any fee remove a symbol from the register of symbols if (a) a 
Political Party in whose name it is registered requests the removal; or (b) the Commission is of the opinion 
that the Political Party in whose name the symbol is registered has ceased to exist or to use the symbol.

(5) The fee for registration of a symbol shall be as may be prescribed by the Commission.

(6) Nothing in this section shall authorize the allotment or registration for use at any election of a symbol 
or material part of a symbol, if it portrays 
(a)the Coat of Arms of the Federation;
(b)the Coat of Arms of any other country;
(c)any device or emblem which in the opinion of the
Commission is normally associated with -

(i) the official acts of Government; or (ii) armed forces of the Federation or the Nigeria Police Force or other 
uniformed service; or (iii) regalia of a chief; or (iv) any tribe or ethnic group; or (v) any religion or cult;

(d)any representation of a person living or dead;

(e)any symbol or part of a symbol which under the provisions of this section continues to be registered by 
another Political Party.

(7) Subject to the foregoing provisions of this section, the symbol allotted to a Political Party and in use 
immediately before the coming into force of this Part of this Act shall continue to be available to and be used 
by that Political Party without payment of the fee mentioned in subsection (2) of this section.

102. Where a symbol is registered by a Political Party in accordance with this Act, the Commission shall allot 
the symbol to any candidate sponsored by the Political Party.

103. (1) Any two or more registered Political Parties may merge on approval by the Commission following a 
formal request presented to the Commission by the Political Parties for the purpose PROVIDED that there 
shall at no time be less than two Political Parties operating in the country.

(2) Any Political Parties intending to merge shall give to the Commission three months notice of their desire 
to do so, and the notice shall be accompanied by: 
(a)a special resolution passed by the National Convention of each of the parties proposing to merge, 
approve the merger;

(b)the proposed full name and acronym, constitution, manifesto, symbol or logo of the party together with the 
addresses of the National, State and Local Government Area offices of the merged Party;

(c) names of members of the proposed Executive Committees of the Party at National, State, Local 
Government Area and Area Council levels; and

(d)evidence of payment of processing fee as may be prescribed by the Commission.

(3) The written request for merger shall be sent to the Chairman of the Commission and 
shall be signed jointly by the National Chairman, Secretary and Treasurer for the time being 
of the different Political Parties proposing the merger.

(4) On receipt of the request for merger of any Political Parties the Commission shall 
forthwith consider the request, approve or disapprove the proposed merger and 
communicate its decision to the Parties concerned before the expiration of ninety (90) days 
from the date of the receipt of the formal request.

(5) If the request for the proposed merger is provided, the Commission shall forthwith 
withdraw and cancel the certificates of registration of all the Political Parties opting for the merger 
and substitute therefore a new and single certificate of registration in the name of the merged 
Party.

(7) No application for merger of Political Parties received by the Commission less 
than twelve months before a Presidential election in the country shall be 
considered by the Commission.

Proposal

Sections 97 - 103 should be expunged.

Section 104 Subsection 1

"Every Political Party shall, at such times and in such manner as the Commission may require, 
submit to the Commission a statement of its assets and liabilities.' Proposal

This provision should be deleted.

Section 104 Subsection 2

"Every Political Party shall submit to the Commission a detailed annual statement and analysis of its sources of funds and other assets, together with a statement of its expenditure in such a form as the Commission may from time to time require."

Proposal

This provision should be amended to read:

"Every Political Party shall submit to the Commission, and publish, a detailed annual statement and analysis 
of its sources of funds and other assets, together with a statement of its expenditure in such a form as the 
Commission may from time to time require."

Section 104 Subsection 3

"No Political Party shall -

(a)hold or possess any funds or other assets outside Nigeria; or

(b) be entitled to retain any funds or other assets remitted or sent to it from outside Nigeria."

Proposal

This provision should be expunged.

Section 104 Subsection 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."

Proposal

This provision should be amended to read:

"Any funds or other assets remitted or sent to a Political Party from outside Nigeria should be disclosed to 
the Commission within twenty - one days of its receipt and be published."


Section 104 Subsections 5 & 6

Subsection 5

"The Commission shall have power to give directions to Political Parties regarding the books or records of 
financial transactions which they shall keep and, to examine all such books and records."

Subsection 6

"The powers conferred on the Commission under subsection (4) of this section may be exercised by it 
through any member of its staff or any person who is an auditor by profession, and who is not a member of a 
Political Party."

Proposal

Subsections 5 and 6 should be expunged.

Section 104 Subsection 7 (a) & (b)

"A political Party which contravenes the provisions of subsection (3) or (4) of this section is guilty of an 
offence and liable on conviction to a fine of N100,00, and 
(a) every principal officer of the Political at its Headquarters, is also guilty of the same offence and liable on 
conviction to a fine of N20,000 or imprisonment for a term of 2 years or to both such fine and imprisonment; 
and

(b) any other person who aids or abets a Political Party in the Commission of the offence is also guilty of the 
offence and liable on conviction to a fine of N20,000 or to imprisonment for a term of 1 year or to both fine 
and imprisonment.

Proposal

There should be no option of fine. Such offences should attract outright imprisonment.

Section 104 Subsection 8

"Every principal national officer of the Political Party shall -

(a) within 30 days after the coming into force of this Act; or (b) immediately after taking office; and (c) thereafter 
at the end of his term in office,submit to the Commission a written declaration of all his properties, assets and liabilities and those of his 
unmarried children under the age of 18 years."

Proposal

The word "national" should be deleted.

Section 105 -109

Section 105

The statement referred to in section 103 of this Act shall be in respect of the period 1St January to 31st 
December in each year, so however that in the year in which this Act comes into operation, it shall be for the 
period beginning with the registration of such party and ending on the following 31 S December.

106 (11 The Commission shall in every year prepare and submit to the Federal Government a report on the 
accounts and balance sheet of every Political Party registered under this Act.

(2) The Commission shall, in preparing the report under subsection (1) of this section, carry out such 
investigations as may enable it to form an opinion as to whether proper books of account and record of 
items of income and expenditure have been kept by each Political Party, and accordingly, report as to its 
findings.

(3) The Commission, any of its officers or agents -

(a) shall have the right at all times to look into the books of accounts of a Political Party and all other 
documents relating to those accounts; and (b)may demand such information as may be necessary for the 
performance of the duties of the Commission under this Decree, and report any difficulty encountered in 
obtaining the information.

(4) A Political Party which refuses to allow the Commission access to its books of account or to give the 
Commission any information it may demand in this respect is guilty of an offence and liable on conviction to a 
fine of N50,000 payable jointly and severally by the National Chairman, Secretary and Treasurer of the 
Political Party.

Section 107 (1) Notwithstanding any other provision of this part of this Act, the statement relating to the 
election expenses of a Political Party as prescribed in section 109 of this Act shall be submitted to the 
Commission in a separate audited account as in Form PP.3 in the Schedule to this Act not later than 90 days 
from the date of the election.

Section 108. (1) The Federal Government may approve a grant for disbursement to the Political Parties 
contesting elections after the coming into force of this Act.

(2) The grant approved in pursuance of subsection (1) of this section shall be made to the Commission, 
which shall distribute the grant to the Political Parties in the following manner, that is 
  (a) 50% of the grant shall be shared among the registered Political Parties at the commencement of electioneering campaign in respect of the election for which the grant has been made. 
  (b)The remaining 50% of the grant shall be shared among the registered Political Parties, after the result of the elections have been known, in proportion to the number of seats won by each party in the Senate and House of Representatives.

Section 109 (1) Notwithstanding the provisions of this Act, the Federal Government may make an annual grant to the Commission for distribution to the registered Political Parties to assist them in their operation.

(2) The Commission shall have power to place limitation on the amount of money or other assets which 
an individual can contribute to a Political Party.

Proposal

Sections 104 - 109 should be expunged.

Section 110 Subsection (3)

"Election expenses of a Political Party shall be submitted to the Commission in a separate audited return 
within three months after polling day. The return shall be signed by the party's auditor and counter - 
signed by the party leader and shall be supported by a sworn affidavit as to the correctness of its 
contents. The Commission may cause the return so submitted to be published."

Proposal

This subsection should be amended to read:

"Election expenses of a Political Party shall be submitted to the Commission in a separate audited return 
within three months after polling day. The return shall be signed by the party's auditor and counter - 
signed by the party leader and shall be supported by a sworn affidavit as to the correctness of its 
contents. The return submitted to the Commission should be published by the Political Part "

Section 111

"Any Political Party registered by the Commission in accordance with the provisions of any law in force immediately before the coming into force of the 1999 Constitution shall be deemed to have been duly registered under this Act.


Proposal

Section 111 should be expunged.