Nigeria
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
There is a ban on donations including funds and assets from foreign interests. Source
"1. No political party shall - |
2. Is there a ban on donations from foreign interests to candidates? |
Code
No
Comment
Only candidates sponsored by political parties run elections as there is no provision for independent candidacy. However, candidates in most instances finance their election. Considering the current Nigerian legislation, the role of candidates is misleading. Again, the Commission’s Regulations and Guidelines for Political Parties, 2022, Part 5 Section 45 (3-5) allows individuals or entities to contribute to candidates and aspirants. Whether candidates can receive donations directly from individuals and political entities or that donations must always be channeled to political parties is unclear. |
3. Is there a ban on corporate donations to political parties? |
Code
Yes
Comment
Corporate entities are not permitted to donate to political parties. Source
"1.. 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"" Section 221, Constitution of the Federal Republic of Nigeria 1999 as amended. 2. ""A company shall not have or exercise power either directly or indirectly to make a donation or gift of any of its property or funds to a |
4. Is there a ban on corporate donations to candidates? |
Code
Yes
Comment
Technically, legal entities cannot donate at all. However, the status and role of entities concerning political donations is unclear. More precisely, the legislation does not seem to allow donations from legal persons, especially corporations. It only allows natural persons. Nevertheless, Section 88 (8) of the Electoral Act 2022 states, "No individual or other entity shall donate to a candidate more than N50,000,000." Likewise, the Commission’s Regulations and Guidelines for Political Parties, 2022, Part 5 Section 45 (3-5), allows for individual or entity contributions. Thus, the legislation remains contradictory. Source
Source: International IDEA, Political Finance in the Digital Age – Nigeria. As of December 22nd, 2023, the case study by Victor Adetula has not yet been published. Once it does, you can add the source in the comment visible to the public. Most of the sentences come from the section ‘Effectiveness of the regulatory frameworks.’ |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
Source
"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. Section 221, Constitution if the Federal Republic of Nigeria 1999 as amended. " "(1) Unless the rules of a trade union otherwise provide, in so far as the funds of a trade union represent payments which the members are required to make under the rules, whether by way of subscriptions, dues or otherwise, those funds shall not be applied (whether directly, or through any other union, association or body, or in any other indirect manner) to the furtherance of any political objective. |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Comment
Technically, legal entities cannot donate at all. However, the status and role of entities concerning political donations is unclear. More precisely, the legislation does not seem to allow donations from legal persons, especially corporations. It only allows natural persons. Nevertheless, Section 88 (8) of the Electoral Act 2022 states, "No individual or other entity shall donate to a candidate more than N50,000,000." Likewise, the Commission’s Regulations and Guidelines for Political Parties, 2022, Part 5 Section 45 (3-5), allows for individual or entity contributions. Thus, the legislation remains contradictory. Source
"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. Section 221, Constitution if the Federal Republic of Nigeria 1999 as amended." "(1) Unless the rules of a trade union otherwise provide, in so far as the funds of a trade union represent payments which the members are required to make under the rules, whether by way of subscriptions, dues or otherwise, those funds shall not be applied (whether directly, or through any other union, association or body, or in any other indirect manner) to the furtherance of any political objective. |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
Anonymous donations are not allowed. Source
"A political party shall not accept or keep in its possession any anonymous monetary or other contribution, gift or property, from any source. Section 90 (1) of the Electoral Act 2022." |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Source
Section 12: "All candidates shall disclose to the Commission records of all contributions and other sources of funds for their campaign as well as records of expenditure in a prescribed format issued by the Commission". |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Comment
Corporations are not allowed to donate. Technically, legal entities cannot donate at all. However, the status and role of entities concerning political donations is unclear. More precisely, the legislation does not seem to allow donations from legal persons, especially corporations. It only allows natural persons. Nevertheless, Section 88 (8) of the Electoral Act 2022 states, "No individual or other entity shall donate to a candidate more than N50,000,000." Likewise, the Commission’s Regulations and Guidelines for Political Parties, 2022, Part 5 Section 45 (3-5), allows for individual or entity contributions. Thus, the legislation remains contradictory. Source
"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" Section 221, Constitution of the Federal Republic of Nigeria 1999 as amended. |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
Yes
Comment
Corporations are not allowed to donate. Technically, legal entities cannot donate at all. However, the status and role of entities concerning political donations is unclear. Likewise, within the legislation, the role of candidates is also misleading. Thus, the legislation remains contradictory. Source
"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" Section 221, Constitution of the Federal Republic of Nigeria 1999 as amended. |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Comment
Section 221 of the 1999 Constitution of the Federal Republic of Nigeria as amended applies to them and if they are registered as companies under the Companies and Allied Matters Act, section 43 (2) of CAMA will also apply to them. Source
"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." "A company shall not have or exercise power either directly or indirectly to make a donation or gift of any of its property or funds to a political party or political association, or for any political purpose, and if any company, in breach of this subsection makes any donation or gift of its property to a political party or political association, or for any political purpose, the officers in default and any member who voted for the breach shall be jointly and severally liable to refund to the company the sum or value of the donation or gift and in addition, every such officer or member commits an offence and is liable to a fine equal to the amount or value of the donation or gift." |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
Section 221 of the 1999 Constitution of the Federal Republic of Nigeria as amended applies to them and if they are registered as companies under the Companies and Allied Matters Act, section 43 (2) of CAMA will also apply to them. Considering the current Nigerian legislation, the role of candidates is misleading. Again, the Commission’s Regulations and Guidelines for Political Parties, 2022, Part 5 Section 45 (3-5) allows individuals or entities to contribute to candidates and aspirants. Whether candidates can receive donations directly from individuals and political entities or that donations must always be channeled to political parties is also unclear. Thus, the legislation remains contradictory. Source
"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." "A company shall not have or exercise power either directly or indirectly to make a donation or gift of any of its property or funds to a political party or political association, or for any political purpose, and if any company, in breach of this subsection makes any donation or gift of its property to a political party or political association, or for any political purpose, the officers in default and any member who voted for the breach shall be jointly and severally liable to refund to the company the sum or value of the donation or gift and in addition, every such officer or member commits an offence and is liable to a fine equal to the amount or value of the donation or gift." |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Source
(2) State apparatus including the media shall not be employed to the advantage or disadvantage of any political party or candidate at any election. Section 95 (2) Electoral Act 2022. |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
Yes, for natural persons
Comment
Since the enactment of the law, the Independent National Electoral Commission is yet to set the limitations. Source
"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 or candidate and to demand such information on the amount donated and source of the funds." |
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit? |
Code
Other
Comment
Since the enactment of the law, the Independent National Electoral Commission is yet to set the limitations. Source
"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 or candidate and to demand such information on the amount donated and source of the funds." |
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
Yes, for natural persons
Comment
Since the enactment of the law, the Independent National Electoral Commission is yet to set the limitations. Source
"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 or candidate and to demand such information on the amount donated and source of the funds." |
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit? |
Code
Other.
Comment
Since the enactment of the law, the Independent National Electoral Commission is yet to set the limitations. |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for natural persons
Comment
Artificial persons are barred from donating to candidates or for political purposes - section 221 of the Constitution of the Federal Republic of Nigeria 1999, as amended. The Constitution is the supreme law of Nigeria and any law inconsistent with it is void to the extent of its inconsistency. Bear in mind that in the current Nigerian legislation, the role of candidates is misleading. Whether candidates can receive donations directly from individuals, themselves and political entities or that donations must always be channeled to political parties is unclear. Notably, there seems to be no limitation on the contributions that can be made, and there is no such provision to check on candidates. Source
"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" Section 221, Constitution of the Federal Republic of Nigeria 1999 as amended. "No individual or other entity shall donate to a candidate more than N50,000,000". Section 88 (8), Electoral Act, 2022. |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Other
Source
"No individual or other entity shall donate to a candidate more than N50,000,000". Section 88 (8), Electoral Act, 2022. |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
Yes, donation limit for private persons apply
Comment
Bear in mind that in the current Nigerian legislation, the role of candidates is misleading. Whether candidates can receive donations directly from individuals, themselves and political entities or that donations must always be channeled to political parties is unclear. Notably, there seems to be no limitation on the contributions that can be made, and there is no such provision to check on candidates. Source
"No individual or other entity shall donate to a candidate more than N50,000,000". Section 88 (8), Electoral Act, 2022. |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
Since the enactment of the law, the Independent National Electoral Commission is yet to set the limitations. Source
"The Commission shall have power to place limitation on the |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
Candidates are required to report in-kind donations at their current market value - a requirement set for political parties as well. The general definition of donations or contributions includes in-kind donations. Considering the current Nigerian legislation, the role of candidates is misleading. Again, the Commission’s Regulations and Guidelines for Political Parties, 2022, Part 5 Section 45 (3-5) allows individuals or entities to contribute to candidates and aspirants. Whether candidates can receive donations directly from individuals and political entities or that donations must always be channelled to political parties is unclear. Source
"No individual or other entity shall donate to a candidate more than N50,000,000." Section 88 (8), Electoral Act, 202215. |
23. Is there a ban on political parties engaging in commercial activities? |
Code
No
Comment
The reporting forms specifically ask political parties to report investment and interest income. This is a recognition that they can engage in commercial/investment activities. Source
Political Party Financial Reporting Manual 2015 at page 20. |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Comment
There are no provisions against. |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Comment
There are no provisions against. |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
Comment
There are no clauses referring to this in the Constitution, Electoral Act or any regulations or guidelines made by the election management body. |
27. Are there provisions requiring donations to go through the banking system? |
Code
No
Comment
There are no clauses referring to this in the Constitution, Electoral Act or any regulations or guidelines made by the election management body. |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
No public funding available
Comment
There used to be public funding in the Electoral Act but the provision has been omitted in recent Electoral Acts. |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Not applicable
|
30. What is the allocation calculation for political parties to receive public funding? |
Code
Not applicable
|
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Not applicable
|
32. Are there provisions for free or subsidized access to media for political parties? |
Code
No
Comment
There are no clauses referring to this in the Constitution, Electoral Act or any regulations or guidelines made by the election management body |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Not applicable
|
34. Are there provisions for free or subsidized access to media for candidates? |
Code
No
Comment
There are no clauses referring to this in the Constitution, Electoral Act or any regulations or guidelines made by the election management body. |
35. Are there provisions for any other form of indirect public funding? |
Code
No
Comment
There are no clauses referring to this in the Constitution, Electoral Act or any regulations or guidelines made by the election management body. |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
|
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
Vote buying is outlawed. Source
"1) Any person who does any of the following— |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
However, although the law provides for placing limits, no limit has been determined yet by the Independent National Electoral Commission. Source
Election expenses incurred by a political party for the management or conduct of an election shall be determined by the Commission in consultation with the political parties. Section 89 (2) of the Electoral Act 2022. |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Other
Comment
However, although the law provides for placing limits, no limit has been determined yet by the Independent National Electoral Commission. Source
Election expenses incurred by a political party for the management or conduct of an election shall be determined by the Commission in consultation with the political parties. Section 89 (2) of the Electoral Act 2022. |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Source
"88.—(1) Election expenses shall not exceed the sum stipulated in subsections (2)-(7). |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Other
Comment
"88.—(1) Election expenses shall not exceed the sum stipulated in subsections (2)-(7). |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
Yes, spending limit exists
Comment
The constitutional provision in section 221 bars associations other than political parties from spending in elections but it did not bar individuals. Source
(8) No individual or other entity shall donate to a candidate more than N50,000,000. Section 88 (8), Electoral Act 2022. |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
|
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
|
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Annual reports. Source
"(1) Every political party shall, at such times and in such manner as the independent National Electoral Commission may require, submit to the Independent National Electoral Commission and publish a statement of its assets and liabilities. |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
Election expenses of political parties. Source
"(3) Election expenses of a political party shall be submitted to the Commission in a separate audited return within six months after the election and such return shall be signed by the political party’s auditors and countersigned by the Chairman of the party and be supported by a sworn affidavit by the signatories as to the correctness of its contents. |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
Audited returns of candidates. Source
"(1) All candidates shall: |
50. Do third parties have to report on election campaign finances? |
Code
No
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
Annual reports of political parries are public documents. Source
"For election expenses: ""(6) The political party shall cause the return submitted to the Commission under subsection (3) to be published in at least two national newspapers and official website of the party"" . ""(8) The Commission shall make available for public inspection during regular business hours at its headquarters and state offices the audited returns of the political parties required by subsection (3) which shall include the names, addresses, occupation, and amount contributed by each contributor to a party. Section 89 (6) and (8), the Electoral Act 2022." (1) Notwithstanding anything contained in any other Act, law or regulation, the right of any person to access or request information, whether or not contained in any written form, which is in the custody or possession of any public official, agency or institution howsoever described, is established. |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Source
"90.—(1) A political party shall not accept or keep in its possession any anonymous monetary or other contribution, gift or property, from any source. "15.(1) All candidates shall: (a) submit detailed audited returns of their campaign expenses to the Commission within six months after an election. (b) such returns shall indicate details of donations, other sources of funding, expenditure on goods, services and sundry expenses incurred for the purpose of election. Section 15, Guidelines and Regulations for Political Parties 2013." |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Source
"90.—(1) A political party shall not accept or keep in its possession any anonymous monetary or other contribution, gift or property, from any source.
"(2) 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." Section 225 (2) constitution of the Federal Republic of Nigeria 1999 as amended. |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Source
"For Election Expenses Report: "(5) The return referred to in subsection (3) shall show the amount of money expended by or on behalf of the party on election expenses, the items of expenditure and commercial value of goods and services received for election purposes"". Section 89 (5) Electoral Act 2022. "15. (1) All candidates shall: (a) submit detailed audited returns of their campaign expenses to the Commission within six months after an election. (b) such returns shall indicate details of donations, other sources of funding, expenditure on goods, services and sundry expenses incurred for the purpose of election." Section 15, Guidelines and Regulations for Political Parties 2013. "(2) 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." Section 225 (2) constitution of the Federal Republic of Nigeria 1999 as amended. |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
The Independent National Electoral Commission. Source
"(4) A political party sponsoring the election of a candidate shall, within three months after the announcement of the results of the election, file a report of the contributions made by individuals and entities to the Commission". "(2) 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." |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
Comment
The Independent National Electoral Commission. Source
"The Independent National Electoral commission, shall in every year prepare and submit to the National Assembly a report on the accounts and balance sheet of every political party. |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Other
Impose sanctions
Carry out investigation
Refer for investigation
Request additional information from potential violator
Source
"The Independent National Electoral commission, shall in every year prepare and submit to the NationalAssembly a report on the accounts and balance sheet of every political party. |
58. What sanctions are provided for political finance infractions? |
Code
Comment
"(4) A political party which contravenes subsection (3) commits an offence and is liable on conviction to a maximum fine of N1,000,000 and in the case of failure to submit an accurate audited return within the stipulated period, the court may impose a maximum penalty of N200,000 per day on any party for the period after the return was due until it is submitted to the Commission. (7) Any political party that incurs election expenses beyond the limit set in subsection (2) commits an offence and is liable on conviction to a maximum fine of N1,000,000 and forfeiture to the Commission, of the amount by which the expenses exceed the limit set by the Commission." Section 89 (4) and (7) Electoral Act 2022. |