Nigeria
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Source
88. Offences in relation to finances of a political party (1) A Political Party that - (a) holds or possesses any fund outside Nigeria in contravention of section 91(3)(a) of this Act commits an offence and forfeits the funds or assets purchased with such funds to the Commission and on conviction is liable to a fine of not less than N500,OOO.OO; (b) retains any fund or other asset remitted to it from outside Nigeria in contravention of section 91(3)(b) of this Act commits an offence and forfeits the funds or assets to the Commission and on conviction is liable to a fine of not less than N 500,000.00. 91.Limitation on election expenses […] (3) The maximum election expenses to be incurred by a candidate at a Governorship election shall be W200,000,000. Electoral Act, 2010 |
2. Is there a ban on donations from foreign interests to candidates? |
Code
No
|
3. Is there a ban on corporate donations to political parties? |
Code
Yes
Comment
S. 43(2) of Companies and Allied Matters Act 2020 bans corporate oragnisations from donating to political parties. Source
43 (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 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. Companies and Allied Matters Act 2020, https://www.cac.gov.ng/wp-content/uploads/2020/12/CAMA-NOTE-BOOK-FULL-VERSION.pdf |
4. Is there a ban on corporate donations to candidates? |
Code
No
Source
91. Limitation on election expenses […] (9) An individual or other entity shall not donate more than 1, 000,000 NGN to any candidate. Electoral Act, 2010 |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
|
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
|
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
Political parties are banned from accepting anonymous contributions (cash and kind) Source
93. Disclosure by political parties (1) A political party shall not accept or keep in its possession any anonymous monetary or other contribution, gift or property, from any source whatsoever. Electoral Act, 2010 |
8. Is there a ban on anonymous donations to candidates? |
Code
No
|
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Source
43 (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 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. Companies and Allied Matters Act 2020, https://www.cac.gov.ng/wp-content/uploads/2020/12/CAMA-NOTE-BOOK-FULL-VERSION.pdf |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
|
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Comment
Any kind of corporation is banned from making a political contribution. Source
43 (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 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. Companies and Allied Matters Act 2020, https://www.cac.gov.ng/wp-content/uploads/2020/12/CAMA-NOTE-BOOK-FULL-VERSION.pdf |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No
|
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
The "state apparatus" including public media must treat all political parties and candidates equally. Source
100. Campaign for election […] (2) State apparatus including the media shall not be employed to the advantage or disadvantage of any political party or candidate at any election. Electoral Act, 2010 11. All Political Parties shall separate party business from government business. No Political Party shall use State vehicles, or other public resources for any electioneering campaigns or any other Party business. Code of conduct for political parties, https://www.inecnigeria.org/wp-content/uploads/2018/10/Code_of_Conduct_For_Political_Parties_Preamble.pdf |
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
The EMB can set such a limit. Source
90. Power to limit contribution to a political party (1) The Commission shall have power to place limitations on the amount of money or other assets, which an individual or group of persons can contribute to a political party. Electoral Act, 2010 |
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
The limit is not defined in the law but the Commission sets the limit.
Source
90. Power to limit contribution to a political party (1) The Commission shall have power to place limitation on the amount of money or other assets, which an individual or group of persons can contribute to a political party. Electoral Act, 2010 |
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
The EMB can set such a limit. The law does not distinguish between election and non-election specific contribution limit Source
90. Power to limit contribution to a political party (1) The Commission shall have power to place limitation on the amount of money or other assets, which an individual or group of persons can contribute to a political party. Electoral Act, 2010 |
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
The EMB can set such a limit.
Source
90. Power to limit contribution to a political party (1) The Commission shall have power to place limitation on the amount of money or other assets, which an individual or group of persons can contribute to a political party. Electoral Act, 2010 |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Source
91. Limitation on election expenses […] (9) An individual or other entity shall not donate more than NI, 000,000 to any candidate. Electoral Act, 2010 |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
1, 000,000 NGN per candidate
Source
91. Limitation on election expenses […] (9) An individual or other entity shall not donate more than 1, 000,000 NGN to any candidate. Electoral Act, 2010 |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No
|
21. Is there a limit on in-kind donations to political parties? |
Code
No
|
22. Is there a limit on in-kind donations to candidates? |
Code
No
|
23. Is there a ban on political parties engaging in commercial activities? |
Code
Yes
|
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
|
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
|
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
|
27. Are there provisions requiring donations to go through the banking system? |
Code
No
|
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
No public funding available
|
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
Yes
Source
100. (1) A candidate and his party shall campaign for the elections in accordance with such rules and regulations as may be determined by the Commission. (2) State apparatus including the media shall not be employed to the advantage or disadvantage of any political party or candidate at any election. (3) Media time shall be allocated equally among the political parties or candidates at similar hours of the day. (4) At any public electronic media, equal airtime shall be allotted to all political parties or candidates during prime times at similar hours each day, subject to the payment of appropriate fees. (5) At any public print media, equal coverage and conspicuity shall be allotted to all political parties. (6) A public media that contravenes subsections 3 and 4 of this section commits an offence and on conviction be liable to a maximum fine of N500,000 in the first instance and to a maximum fine of N1,000,000 for subsequent conviction. Electoral Act, 2010 |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
Source
100. (1) A candidate and his party shall campaign for the elections in accordance with such rules and regulations as may be determined by the Commission. (2) State apparatus including the media shall not be employed to the advantage or disadvantage of any political party or candidate at any election. (3) Media time shall be allocated equally among the political parties or candidates at similar hours of the day. (4) At any public electronic media, equal airtime shall be allotted to all political parties or candidates during prime times at similar hours each day, subject to the payment of appropriate fees. (5) At any public print media, equal coverage and conspicuity shall be allotted to all political parties. (6) A public media that contravenes subsections 3 and 4 of this section commits an offence and on conviction be liable to a maximum fine of N500,000 in the first instance and to a maximum fine of N1,000,000 for subsequent conviction. Electoral Act, 2010 |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Source
100. (1) A candidate and his party shall campaign for the elections in accordance with such rules and regulations as may be determined by the Commission. (2) State apparatus including the media shall not be employed to the advantage or disadvantage of any political party or candidate at any election. (3) Media time shall be allocated equally among the political parties or candidates at similar hours of the day. (4) At any public electronic media, equal airtime shall be allotted to all political parties or candidates during prime times at similar hours each day, subject to the payment of appropriate fees. (5) At any public print media, equal coverage and conspicuity shall be allotted to all political parties. (6) A public media that contravenes subsections 3 and 4 of this section commits an offence and on conviction be liable to a maximum fine of N500,000 in the first instance and to a maximum fine of N1,000,000 for subsequent conviction. Electoral Act, 2010 |
35. Are there provisions for any other form of indirect public funding? |
Code
No
|
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Not applicable
|
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
Source
Bribery and Conspiracy 124. (1) Any person who does any of the following: (b) directly or indirectly, by himself or by any other person on his behalf, corruptly makes any gift, loan, offer, promise, procurement or agreement to or for any person, in order to induce such person to procure or to endeavour to procure the return of any person as a member of a legislative house or to an elective office or the vote of any voter at any election; (c) upon or in consequence of any gift, loan, offer, promise, procurement or agreement corruptly procures, or engages or promises or endeavours to procure, the return of any person as a member of a legislative house or to an elective office or the vote of any voter at any election; Electoral Act, 2010 |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
There is no specific amount stipulated in the act, but it is mentioned that the limit will be determined by the Commission in consultation with the political parties. Source
Election expenses of political parties 92. (1) For the purposes of an election, “election expenses” means expenses incurred by a political party within the period from the date notice is given by the Commission to conduct an election up to and including, the polling day in respect of the particular election. (2) Election expenses incurred by a political party for the management or the conduct of an election shall be determined by the Commission in consultation with the political parties. Electoral Act, 2010 |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
To be determined by the Commission in consultation with political parties
Source
Election expenses of political parties 92. (1) For the purposes of an election, “election expenses” means expenses incurred by a political party within the period from the date notice is given by the Commission to conduct an election up to and including, the polling day in respect of the particular election. (2) Election expenses incurred by a political party for the management or the conduct of an election shall be determined by the Commission in consultation with the political parties. |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Source
91. Limitation on election expenses (1) Election expenses shall not exceed the sum stipulated in subsections (2) - (7) of this section. (2) The maximum election expenses to be incurred by a candidate at a Presidential election shall be 1,000,000,000 NGN. (3) The maximum election expenses to be incurred by a candidate at a Governorship election shall be 200,000,000 NGN. (4) The maximum amount of election expenses to be incurred in respect of Senatorial seat by a candidate at an election to the National Assembly shall be 40,000,000 NGN while the seat for House of Representatives shall be 20,000,000NGN (5) In the case of State Assembly election, the maximum amount of election expenses to be incurred shall be 10,000,000 NGN. (6) In the case of a Chairmanship election to an Area Council, the maximum amount of election expresses to be incurred shall be ten million naira 10,000,000 NGN. (7) In the case of Councillorship election to an Area Council, the maximum amount of election expenses to be incurred shall be one million naira 1, 000,000 NGN. (8) In determining the total expenditure incurred in relation to the candidature of any person at any election no account shall be taken of (a) any deposit made by the candidate on his nomination in compliance with the law; (b) any expenditure incurred before the notification of the date fixed for the election with respect to services rendered or materials supplied before such notification; or (c) political party expenses in respect of the candidate standing for a particular election. Electoral Act, 2010, |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Between one million and one billion naira (NGN) per candidate depending on the type of election.
Source
91. Limitation on election expenses (1) Election expenses shall not exceed the sum stipulated in subsections (2) - (7) of this section. (2) The maximum election expenses to be incurred by a candidate at a Presidential election shall be 1,OOO,OOO,OOO NGN. (3) The maximum election expenses to be incurred by a candidate at a Governorship election shall be 200,000,000 NGN. (4) The maximum amount of election expenses to be incurred in respect of Senatorial seat by a candidate at an election to the National Assembly shall be 40,000,000 NGN while the seat for House of Representatives shall be 20,000,000 NGN (5) In the case of State Assembly election, the maximum amount of election expenses to be incurred shall be 10,000,000 NGN. (6) In the case of a Chairmanship election to an Area Council, the maximum amount of election expresses to be incurred shall be ten million naira 10,000,000 NGN. (7) In the case of Councillorship election to an Area Council, the maximum amount of election expenses to be incurred shall be one million naira 1, 000,000 NGN. (8) In determining the total expenditure incurred in relation to the candidature of any person at any election no account shall be taken of (a) any deposit made by the candidate on his nomination in compliance with the law; (b) any expenditure incurred before the notification of the date fixed for the election with respect to services rendered or materials supplied before such notification; or (c) political party expenses in respect of the candidate standing for a particular election. Electoral Act, 2010 |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
Comment
There is no limit for third party spending, but political parties need to account for the income derived by others on behalf of the party, as well as the expenditures made by others on behalf of the party. |
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
Source
89. Period to be covered by annual statement (1) A political party shall submit to the Commission a detailed annual statement of assets and liabilities and analysis of its sources of funds and other assets, together with statement of its expenditure in such a form as the Commission may from time to time require. (2) The statement of assets and liabilities referred to in subsection (1) of this section shall be in respect of the period 1st January to 31st December in each year, and that in the year which this Act comes into operation, it shall be for the period beginning with the registration of such party and ending on the following 31st December. (3) A political party shall grant to any officer authorized in writing by the Commission, access to examine the records and audited accounts kept by the political party in accordance with the provisions of this Act and the political party shall give to the officer all such information as may be requested in relation to all contributions received by or on behalf of the party. (4) The Commission shall publish the report on such examinations and audit in 3 National Newspapers. Electoral Act, 2010 |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Source
92.Election expenses of political parties […] (3) Election expenses of a political party shall be submitted to the Commission in a separate audited return within 6 months after an election and such return shall be signed by the political party's auditors and counter-signed by the Chairman of the party and be supported by a sworn affidavit by the signatories as to the correctness of its contents. 93. Disclosure by political parties (4) A political party sponsoring the election of a candidate shall, within 3 months after the announcement of the results of the election, file a report of the contributions made by individuals and entities to the Commission. Electoral Act, 2010 |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Source
Section 12 of INEC Guidelines and Regulations for Political Parties 2013 says "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" Independent National Electoral Commission Guidelines and Regulations for Political Parties 2013 |
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
Source
89. Period to be covered by annual statement […] (4) The Commission shall publish the report on such examinations and audit in 3 National Newspapers. 92. Election expenses of political parties […] (8) The Commission shall make available for public inspection during regular business hours at its Headquarters and State offices the audit returns of the political parties required by subsection (3) of this section which shall include the names, addresses, occupation, and amount contributed by each contributor to a party. Ele |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Source
92. Election expenses of political parties […] (8) The Commission shall make available for public inspection during regular business hours at its Headquarters and State offices the audit returns of the political parties required by subsection (3) of this section which shall include the names, addresses, occupation, and amount contributed by each contributor to a party. Electoral Act, 2010 |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Source
92. Election expenses of political parties […] (8) The Commission shall make available for public inspection during regular business hours at its Headquarters and State offices the audit returns of the political parties required by subsection (3) of this section which shall include the names, addresses, occupation, and amount contributed by each contributor to a party. Electoral Act, 2010 |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Source
92. Election expenses of political parties (1) For the purposes of an election, "election expenses" means expenses incurred by a political party within the period from the date notice is given by the Commission to conduct an election up to and including, the polling day in respect of the particular election. (2) Election expenses incurred by a political party for the management or the conduct of an election shall be determined by the Commission in consultation with the political parties. (3) Election expenses of a political party shall be submitted to the Commission in a separate audited return within 6 months after an election and such return shall be signed by the political party's auditors and counter-signed by the Chairman of the party and be supported by a sworn affidavit by the signatories as to the correctness of its contents. (4) A political party which contravenes subsection (3) of this section commits an offence and is liable on conviction to a maximum fine of N l,000,000and 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. (5) The return referred to in subsection (3) of this section 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. (6) The political party shall cause the return submitted to the Commission pursuant to subsection (5) of this section to be published in at least 2 National Newspapers. (7) Apolitical party that incurs election expenses beyond the limit stipulated in this Act commits an offence and is liable on conviction to a maximum fine of N 1,000,000.00 and forfeiture to the Commission of the amount by which the expenses exceed the limit set by the Commission. (8) The Commission shall make available for public inspection during regular business hours at its Headquarters and State offices the audit returns of the political parties required by subsection (3) of this section which shall include the names, addresses, occupation, and amount contributed by each contributor to a party. Electoral Act, 2010 |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Source
89. Period to be covered by annual statement (1) A political party shall submit to the Commission a detailed annual statement of assets and liabilities and analysis of its sources of funds and other assets, together with statement of its expenditure in such a form as the Commission may from time to time require. 92.Election expenses of political parties […] (3) Election expenses of a political party shall be submitted to the Commission in a separate audited return within 6 months after an election and such return shall be signed by the political party's auditors and counter-signed by the Chairman of the party and be supported by a sworn affidavit by the signatories as to the correctness of its contents. 93. Disclosure by political parties (4) A political party sponsoring the election of a candidate shall, within 3 months after the announcement of the results of the election, file a report of the contributions made by individuals and entities to the Commission. Electoral Act, 2010 |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
Comment
The EMB has a right to examine the records and audited accounts kept by political parties, though there are no requirements for it to actually do so. Source
89. Period to be covered by annual statement […] (3) A political party shall grant to any officer authorized in writing by the Commission, access to examine the records and audited accounts kept by the political party in accordance with the provisions of this Act and the political party shall give to the officer all such information as may be requested in relation to all contributions received by or on behalf of the party. (4) The Commission shall publish the report on such examinations and audit in 3 National Newspapers. Electoral Act, 2010 |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Carry out investigation
Request additional information from potential violator
Impose sanctions
Other
|
58. What sanctions are provided for political finance infractions? |
Code
Source
88. Offences in relation to finances of a political party (1) A Political Party that (a) holds or possesses any fund outside Nigeria in contravention of section 91(3)(a) of this Act commits an offence and forfeits the funds or assets purchased with such funds to the Commission and on conviction is liable to a fine of not less than 500,000 NGN; (b) retains any fund or other asset remitted to it from outside Nigeria in contravention of section 91(3)(b) of this Act commits an offence and forfeits the funds or assets to the Commission and on conviction is liable to a fine of not less than 500,000.00 NGN. 91. Limitation on election expenses […] (9) An individual or other entity shall not donate more than 1, 000,000 NGN to any candidate. (10) A candidate who knowingly acts in contravention of this section commits an offence and on conviction is liable in the case of - (a) Presidential election, to a maximum fine of 1,000,000 NGN or imprisonment for a term of 12 months or both; (b) a Governorship election to a fine of 800,000.00 NGN or imprisonment for a term of 9 months or both; (c) Senatorial election in the National Assembly election to a fine of 600,000.00 NGN or imprisonment for a term of 6 months or both; (d) House of Representatives election in the National Assembly election, to a fine of 500,000 NGN or imprisonment for a term of 5 months or both; (e) a State House of Assembly election to a fine of 300,000 NGN or imprisonment for a term of 3 months or both; (f) in the case of Chairmanship election, to a fine of 300,000 NGN or imprisonment for a term of 3 months or both; and (g) Councillorship election, to a fine of 100,000 NGN or imprisonment for a tern of one month or both. (11) An individual who knowingly acts in contravention of subsection (9) shall, on conviction, be liable to a maximum fine of 500,000 NGN or imprisonment for a term of 9 months or both. (12) An accountant who falsifies, conspires or aids a candidate to forge or falsify a document relating to his expenditure at an election or receipt or donation for the election or in any way aids and abets the breach of the provision of this section of this Act commits an offence and is liable on conviction for imprisonment for a term of 10 years. 92. Election expenses of political parties […] (7) Apolitical party that incurs election expenses beyond the limit stipulated in this Act commits an offence and is liable on conviction to a maximum fine of 1,000,000 NGN and forfeiture to the Commission of the amount by which the expenses exceed the limit set by the Commission. 130. Undue influence A person who - (a) corruptly by himself or by any other person at any time after the date of an election has been announced, directly or indirectly gives or provides or pays money to or for any person for the purpose of corruptly influencing that person or any other person to vote or refrain from voting at such election, or on account of such person or any other person having voted or refrained from voting at such election; or (b) being a voter, corruptly accepts or takes money or any other inducement during any of the period stated in paragraph (a) of this section, commits an offence and is liable on conviction to a fine of 100,000 NGN or imprisonment for a term of 12 months or both. Electoral Act, 2010 Electoral Offences and Penalties, https://www.inecnigeria.org/wp-content/uploads/2019/02/ELECTORAL-OFFENCES-AND-PENALTIES-latest-FEBRUARY-2019.pdf |
