SERAP asks INEC to probe ‘campaign spending by Saraki, other contributions’

Socio-Economic Rights and Accountability Project, (SERAP) has
sent an open letter to Prof. Mahmood Yakubu, Chairman Independent
National Electoral Commission (INEC), requesting him to “promptly,
thoroughly and effectively investigate allegation that Senate
President Bukola Saraki spent between N200m and N400m in every
state, except the six South-West states, to influence the outcome
of the 2015 elections for the All Progressives Congress (APC).”

The organization also urged INEC to “investigate the sources of
other cases of apparently unexplained campaign financing and
contributions for the 2015 elections by politicians and supporters
of the two main political parties that is, the APC and the Peoples
Democratic Party (PDP). We urge you to collaborate with the
Independent Corrupt Practices and Other Related Offences Commission
(ICPC) and the Economic and Financial Crimes Commission (EFCC) in
any such investigation.”

Saraki allegedly said in a leaked audio: “Out of the 36 states,
I paid election money in 30. Some collected N300m, while some
collected N400m, some collected N200m. The only states where I had
nothing to do with was in the South-West. Even on the phone, I was
calling and giving banks instructions.”

SERAP in the letter dated 17 November 2018 and signed by its
senior legal adviser Bamisope Adeyanju, said: “Allegation that one
politician spent billions of Naira on elections in several states
of the country to support a political party if not thoroughly, and
transparently investigated and prosecuted would undermine the
public faith in the country’s democracy. It also risks distorting
electoral processes and reversing the gains in the democratic and
electoral processes that have been recorded since the return of
democracy in 1999.”

The organization also said: “Such spending if allowed to
continue can shape policy-making after elections, and improperly
influence the decisions taken by the country’s elected
representatives who will most likely consider their contributions
to political parties’ campaign as ‘investment’ and thus seek
returns on their purported investment to achieve electoral success
for their party.”

According to the organization: “Probing the sources of such
spending would improve transparency and accountability in campaign
spending and contributions. This is essential to curb abuse and
mismanagement of Nigeria’s resources, help to balance political
competition, foster the integrity of officeholders, rebuild
citizens’ trust in the political system’s integrity, as well as
ensure that electoral processes and elected officials are not
compromised by uncontrolled and unaccountable campaign
funding.”

The letter copied to Ibrahim Mustafa Magu, Acting Chairman EFCC;
Dr. Musa Usman Abubakar, Acting Chairman, ICPC; and Professor Itse
Sagay, Chairman, Presidential Advisory Committee Against Corruption
(PACAC) read in part: “Unexplained and unregulated spending to
influence the outcome of any election can distort the electoral
competition and lead to state capture by wealthy politicians and
individuals.”

“SERAP urges you to prosecute anyone suspected to be involved
and/or complicit in the alleged unexplained campaign spending, if
there is relevant and sufficient admissible evidence of violations
of international standards and national laws. We request that you
take steps within 14 days of the receipt and/or publication of this
letter, failing which SERAP will institute legal proceedings to
compel you and the INEC to discharge your constitutional and
statutory responsibilities in the public interest.”

“Unexplained and unregulated spending on election campaign would
encourage politicians to divert public resources for political
purposes rather than ensuring and directing critical spending for
socio-economic development of the country, including on improving
access to public services such as electricity, health, water, and
education.”

“Campaign financing such as the spending allegedly disclosed by
the Senate president undermines public trust and confidence in
politicians and poses serious corruption risks, as it can blur the
line between state and party politics, encourage the use of
national resources to fund and influence elections. Such huge
spending by an individual can even be converted into a conduit for
money laundering.”

“SERAP urges you to publicly clarify to politicians and
political parties ceilings for campaign spending and contributions,
and to insist that all political parties and politicians disclose
sources of their spending for the 2019 elections. INEC should also
require all political parties to sign ‘transparency pacts’ that
would mandate candidates and their sponsors to disclose the
identities of donors and publish all spending and contributions on
their party website and in the press before the 2019
elections.”

“SERAP therefore urges you to investigate the sources of
campaign financing and contributions by Saraki and by other
politicians and other individuals to APC and PDP if INEC is ever to
rein in the role of money and level the playing field for
candidates and political parties in the 2019 general
elections.”

“INEC should carry out the investigation and prosecution in
collaboration with the ICPC and EFCC, and send a strong message to
politicians and political parties that INEC under your leadership
would not tolerate any infringement of the democratic and electoral
processes ahead of the 2019 general elections.”

“SERAP notes that international law has increasingly recognised
the importance of transparency for mitigating corruption in party
politics and using disclosure of political financing as a means to
improve it. The United Nations Convention against Corruption
(UNCAC) to which Nigeria is a state party obligates states to
enhance transparency in the funding of candidates for elected
public office and, where applicable, the funding of political
parties. Similarly, the African Union Convention on Preventing and
Combating Corruption, which Nigeria has also ratified requires
states to incorporate the principle of transparency into funding of
political parties.”

“Further, Sections 225 and 226 of the 1999 Nigerian Constitution
(as amended) affirms the powers of INEC to monitor, inquire into
and assess campaign finances, and a party’s source of and
management of funds, while Section 228 provides sanctions with
regard to party finance and campaign finance.”

“According to Section 91(2) and 91(3) of the Electoral Act, the
maximum election expenses to be incurred by a candidate at a
presidential and governorship election shall be one billion naira
only and two hundred million naira only respectively. Also, Section
91(4) of the Electoral Act states that the maximum election
expenses to be incurred by a candidate for a senatorial and House
of Representatives election shall be N40m only and N20m only
respectively.”

“According to reports, Senate President Bukola Saraki allegedly
claimed in an audio clip while addressing Peoples Democratic Party
that he spent between N200m and N400m in every state except the six
South-West states, to influence the outcome of the elections for
the All Progressives Congress. Saraki reportedly said “Out of the
36 states, I paid election money in 30. Some collected N300m, while
some collected N400m, some collected N200m. The only states where I
had nothing to do with was in the South-West. Even on the phone, I
was calling and giving banks instructions.”

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