In about 24 hours, political parties will commence their campaigns for the 2023 general elections as contained in the announcement made by the Independent National Electoral Commission (INEC) earlier this month.
For the Presidential and National Assembly, campaigns commence tomorrow, Wednesday, September 28, 2022, while that of Governorship and State Houses of Assembly will kick off on October 12.
Campaigns are a time of some excitement, but it is not a free-for-all, there are important guidelines as contained in the Electoral Act that define the boundaries of campaigns, and it is important for everyone, including political parties, candidates, and citizens, to be aware.
What is the Role of Security Agencies?
Section 91 Sub-section of the Electoral Act mandates the Commissioner of Police in each State and the Federal Capital Territory (FCT) to provide adequate security for proper and peaceful conduct of political rallies and processions in their respective jurisdictions. The Nigerian Security and Civil Defence Corps and any other security agency of the federal government may also provide support to the Police for this purpose.
Section 91 Sub-section 3 limits the function of the Police and any other security agencies during political rallies, processions, and meetings strictly to the provision of adequate security.
Section 91 Sub-section 4 states that no registered political party or candidate shall be prevented from holding rallies, processions, or meetings at any time for their constitutional political purposes.
What Kind of Campaign Content is Allowed?
Section 92 warns that political campaigns or slogans should not be tainted with abusive language directly or indirectly that may provoke religious, ethnic, tribal, or sectional feelings.
Can your Church or Mosque Host Campaign Rallies?
Section 92 Sub-section 3 forbids the use of worship centers, police stations, and public offices for political campaigns, rallies, and processions. The aforementioned places are also not to be used to promote, propagate or attack political parties, candidates, or their programmes or ideologies.
Can Political Parties or Candidates Recruit or Pay for their Own Private Militia?
Section 92 Sub-section 5 prohibits political parties or candidates from training or equipping any person or group of persons for the purpose of using them to show force or coercion in promoting any political objective or interest.
Section 92 Sub-section 6 frowns at the use of armed private security organisation, groups, or individuals by any political party or candidates for the purpose of providing security or assisting during the campaigns in whatever capacity.
Can we Threaten the Opposition?
Also important is Section 93. It warns that no candidate or person or group of persons shall not directly or indirectly threaten any person with the use of force or violence during the campaigns in order to compel that person or any other person to support or refrain from supporting a political party or candidate.
Can Media Give Airtime Only to their Preferred Candidate?
Section 95 Sub-section frowns at the use of state apparatus, including the media, to the advantage or disadvantage of any political party or candidate.
Section 95 Sub-section 3 stipulates that media time should be allocated equally among the political parties or candidates at similar hours of the day.
Section 95 Sub-section 4 mandates all public electronic media to allot equal airtime to all political parties or candidates during prime times at similar hours each day, subject to the payment of appropriate fees.
Section 95 Sub-section 5 also states that equal coverage and visibility must be allotted to all political parties in any public print media.
What are the Consequences of Violation?
Any political party or candidate that violates any of the provisions of section 92 has committed an offence and is liable on conviction. In the case of a candidate, the fine is N1 million or imprisonment for a term of 12 months, while for a political party, the fine is N2 million in the first instance, then subsequent offense attracts a fine of N1 million.
For section 92 Sub-section 5, the penalty for any person or group of persons who aids or abets a political party or a candidate in contravening the provision is a fine of N500,000 or imprisonment for a term of three years or both.
Any political party or candidate or person or group of persons found doing this has committed an offence and is liable on conviction. If it’s a candidate or a person or group of persons, the fine is N1 million or imprisonment for a term of 12 months. If it’s a political party, the fine at first instance is N2 million, then subsequent contravention of this provision, the fine is N500,000.
According to the Electoral Act, any person who goes contrary to the provisions of section 95 Sub-sections (3) and (4) commits an offence and is liable on conviction. In the case of a public media, the fine is N2 million in the first instance and N5 million for a subsequent conviction. While if the offense is committed by the principal officers and other officers of the media house, the fine is N1 million or imprisonment for a term of six months.
Section 97 Sub-section 1 states that any candidate, person, or association that engages in campaigning or broadcasting based on religious, tribal, or sectional reason for the purpose of promoting or opposing a particular political party or the election of a particular candidate, commits an offence and is liable on conviction. If it is a candidate, the fine is N1 million or imprisonment for a term of 12 months or both, then, if it is a political party that is guilty of this, the fine is N10 million.