PRESS STATEMENT
The two houses of the National Assembly for the better part of the past couple of weeks, wasted scarce legislative time engaged in at best shadow boxing or at worst sheer inanities. This was over the issue of statutory grants to political parties, and restriction on the number of political parties.
The Senate resolved to expunge sections 90 & 91 of the Electoral act 2006, dealing with grants to political parties in the new Electoral Act under consideration. The House of Representatives on the other hand is presently locked in a debate over the issue of placing a limitation on the number of political parties. Three legislative sessions have been wasted so far on this issue.
ANNUAL GRANTS
The Constitution of the Federal Republic of Nigeria 1999 in section 228(C) provides as follows and we quote “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 bases to assist them in the discharge of their functions; and”.
This section was considered vis-a-vis sections 91 of the Electoral Act 2006 by Justice Abimbola Ogie of the Federal High Court Abuja, in the case of CPP & 19 ors Versus Attn Gen of the Federation & ors. The case re-affirmed the supremacy of the Constitution over Acts. Following a plethora of Supreme Court cases, all those sections of the Electoral Act that reproduce verbatim sections of the Constitution are at best redundant.
Since section 228(C) is merely directory all the Senate needed to do was to stop any Appropriation. At the moment this issue is even controversial. While the NASS is saying and indeed has regularly appropriated about N600m for the past few years, INEC has consistently maintained that there was no appropriation. In 2009 INEC disbursed N6m to each political party which it claimed was an ex-gratia award for voter education in Anambra State and FCT.
We are dismayed that unnecessary national attention has been drawn to this issue. It is obvious to some of us that parties in government use their access to public funds to run their party. We still recall the controversy over Marine float account, MOFAS account and the irregular uses that Ecological funds are put. Recently a party raised over N6billion naira at a secretariat building fund launch. A good chunk of this money came from favoured government contractors who had in some cases enjoyed custom duty waivers.
NUMBER OF POLITICAL PARTIES
In 2002 the Supreme Court in the case of Balarabe Musa & ors Versus INEC interpreted sections of the Constitution dealing with registration of political parties in the light of INEC guidelines drawn from the existing Electoral Act. The court upheld the supremacy of Constitutional provisions.
Section 40 of the Constitution of the Federal Republic of Nigeria 1999, in chapter IV dealing with fundamental rights states as follows:
“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.” A number of international treaties and conventions now domesticated as Nigerian law, such as the African Charter on Human and Peoples Rights, further cement this provision.
The phenomenon of decreed restriction on number of political parties in Nigeria first reared its ugly head in 1978 when the regime of General Olusegun Obasanjo was retreating. It may be recalled that in 1966 General Aguiyi Ironsi proscribed a total of eighty- four political parties and associations. In any liberal democracy you do not constrict the political space by placing a cap on the number of political parties.
Historically Nigerians have shown a tendency to gravitate towards two major platforms. In the first republic it was UPGA and NNA, in the second NPN and PPA. That we have not gotten there yet in this dispensation is as a consequence of the electoral shenanigans by PDP working in tandem with INEC.
We call on the National Assembly to turn its attention to more useful endeavours and stop wasting taxpayers’ money. We are not getting value for money from the present crop of legislators. For over trillions expended on pay, privileges, protocol and pampering what do we get in return? Just a fistful of Laws.
Maxi Okwu
National Chair CPP & Coordinator PAN
17th May 2010
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