In pursuit of financial accountability and transparency among the political parties in the country, the Akure Federal High Court has directed the Independent National Electoral Commission (INEC) to publish the account statements of all registered political parties during the 2023 general elections.

The federal high court, in a judgment by Justice T.B Adegoke in a lawsuit filed by Femi Emmanuel Emodamoru, a legal practitioner, ordered the electoral body to act according to the constitutional mandate entrenched to it to monitor the organisation and operation of political parties, including their finances.

Financial transparency and modesty have always been the subject of debate in Nigeria’s political landscape, especially during the elections, in which the relevance of any party is measured by its financial buoyancy and how much it can spend on its campaign activities.

In the past, successive political parties have been accused of electoral misconduct, such as vote buying and excessive campaign spending, a tactic used by the major parties to intimidate or hinder minor parties during elections.

As a result, there are financial guidelines for how campaigns and related activities should be carried out in Nigeria to ensure transparency and accountability while avoiding corrupt electoral practices. However, there appear to be financial regulation violations and lax enforcement of penalties despite these constitutional provisions and the Nigerian Electoral Act 2022.

The law also mandates the electoral commission to publish the financial reports of the political parties at the end of the general elections, for transparency and accountability, a directive the commission has not implemented since the end of the poll last year.

To correct the anomaly, the legal practitioner, in his motion filed on 25/10/2023, with suit no: PMC/AK/CS/72/2023, calling INEC as the respondent, sought an order of mandamus from the court to direct the electoral commission to “publish the 2021 and 2O22 Audited Financial Statements of the registered political parties in the Federal Republic of Nigeria as well separate Audited election related to expenses of the parties, in line with Section 225{1}-(2) and Paragraph of Part of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended, and Sections 89(3), (6), (5), and (8) of the electoral act, 2022

In the document received by NDR, the applicant also asked the court to order INEC to “make available to the Applicant in either hard or soft copies, not later than 14 days from the judgment of this Honourable court, the certified true copies of the 2021 and 2022 Audited statements the registered political parties in the Federal Republic of Nigeria as well as the separate Audited 2023 election-related incomes and expenses of all the parties, in line with Section 225(1J-J2) and Paragraph 15{dJ of Part 1 of the Third Schedule to the Constitution of

the Federal Republic of Nigeria, 1999 (as amended), Section 89 (8J, (4J), (S), and (8) of the Electoral Act, 2022, and Sections 1(1} and (3) of the Freedom of Information Act, 2011.

The applicant further filed his motion on the ground that “By Section 225(1)-(2J and Paragraph 15(d) of Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended, the Respondent is under a statutory to receive audited annual financial statements and separate audited election-related incomes and expenses of all the registered political parties in Nigeria.

“The Applicant had earlier demanded the publication and requested for the certified true copies of audited annual financial statements and the separate audited 2023 e1ectiori related incomes and expenses of all the political parties from the Respondent, to aid research into political party financing, patronage, and godfatherism in Nigeria, which he is carrying out in partnership with some non-governmental organisations and promoters of transparency and accountability in governance. The Respondent has consistently failed to publish the said audited annual financial statements for election-related expenses of political parties in Nigeria since 2016 and is unwilling to release the same to the applicant”, the document partly reads.

In his judgment, Justice T.B. Adegoke held that INEC’s failure to publish the account statements of the political parties in the country as expected can grow the culture of impunity in the country’s electoral culture, and then mar the transparency in the country.

He further explained that if the politicians are not accountable, the country will be in mirage. The judge therefore granted the request of the applicant based on the provisions of the constitution. Alluding to the Freedom of Information Act, he stated that the account statement is needed for public consumption.

He further said “this is a strategic litigation by which litigants use the Court to achieve broader social change. It is against this background that Nigeria over the years have embarked on various electoral reforms between 2010 to 2022 in order to curb fihe growing culture of impunity in our electoral process and enhance transparency and accountability in our electoral process.

“Financial accountability of all political parties in Nigeria remains the critical challenge of improving the governance mechanism; owing to the calibre of people throw up as elected leaders. Except political parties are financially accountable, sustainable development of our nation will remain a mirage.

“The 1999 Constitution confers general powers on lndependent National Electoral Commission under Part 1 of the third schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended), particularly paragraph 15(eJ thereof to monitor the organisation and operation of political parties including their finances. Reading through paragraph 15 (eJ to (d), Independent National Electoral Commission is also empowered to arrange for the annual examination and auditing of the funds and accounts of all registered political parties and publish a report on such examination and audit.

“The published report is for the public information. Sections 225 and 206 of the 1999 Constitution of the Federal Republic of Nigeria (asamendedJ provide for finances and annual report on finances of all registered political parties in Nigeria while Section 225(1) mandates all registered political party to at such time and in such manner

“Consequently, it is my view that the application is deserving of being granted, Applicant having met all the conditions required for the gr tlng of the order of mandamus. Therefore, Applicant’s application succeeds and the motion is hereby accordingly granted as prayed. I so hold.”