An Akure-Based Legal Practitioner, Barr. Femi Emmanuel Emodamori has charged the Chairman and authoritues of the Independent National Electoral Commission (INEC), to publish the 2022 audited accounts of all the political parties in Nigeria and/or cause the parties to also publish same within 14 days.
The lawyer in a letter dated 24th August, 2023 and addressed to INEC Chairman, Prof Mahmood Yakubu, said “INEC should kindly make available to me, either in hard or soft copies, the Certified True Copies of the audited 2023 election expenses of all the political parties in Nigeria, in line with Section 89 (3) & (8) of the Electoral Act, 2022 and Section 1 (1) of the Freedom of Information Act, 2011.
“Take Notice that if the Commission fails to comply with the above demands, I would, without further notice, invoke the law through the Court to compel the Commission to do that which it seems to be lethargic in doing,” Emodamori said.
Below is the full text of the letter;
The Chairman
Independent National Electoral Commission (INEC)
Plot 426, Zambezi Crescent Maitama District, F.C.T Abuja.
Dear Sir,
DEMAND FOR THE PUBLICATION AND REQUEST FOR CERTIFIED TRUE
COPIES OF AUDITED ANNUAL FINANCIAL STATEMENTS OF POLITICAL PARTIES IN COMPLIANCE WITH SECTION 225 (1)-(2) OF THE
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED), SECTION 89(3)-(6) OF THE ELECTORAL ACT, 2022 AND SECTION 1 (1) OF THE FREEDOM OF INFORMATION ACT, 2011.
I am an Akure-based Legal Practitioner, currently partnering with some NonGovernmental Organizations and other promoters of transparency and accountability in governance, to carry out a comprehensive research and database on political party financing, patronage and god-fatherism in Nigeria.
In the course of my research, I was shocked to discover that INEC has not been alive to its all-important constitutional responsibility of publishing and/or directing the publications of audited accounts of funds and accounts of political parties as expressly stipulated in S.225 (1)-(2) and Paragraph 115 (d) of Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Section 89(3)-(6) of the Electoral Act, 2022.
The provisions of the law cited above expressly place responsibility on INEC
to examine, audit and publish the annual funds and accounts of political
parties for public information.
S. 89 (3), 89 (6) and 89 (8) of the Electoral Act, 2022 specifically mandate every political party to submit a separate audited election expenses to INEC together with an affidavit of its correctness, to be sworn by the Party’s Auditors and Chairman, within six months after the election, and for INEC to make same available for public inspection.
The constitutional responsibilities of INEC in this regard are perhaps just as
important as conducting elections.
It is therefore difficult to understand why INEC seems to be timid or lethargic in opening the account books of political parties in Nigeria and/or causing them to open same to the public as stipulated by law.
Even as a private Legal Practitioner who is under no compulsion in law to do so, I have been publishing all my personal daily, monthly and yearly incomes and gifts online for public consumption for over seven years, the last of which is accessible through the following links:
https://www.googles.com/urls?sa=t&source=web&rct=j&opi=89978449&ur
l=https://ondoonline.com/2023/01/01/lawyer-femi-emodamori-publishes-
2022-income-gifts-gives-reasons-
and sunshinestruthng/&ved=2ahUKEwjG6qLb0PKAAxWCUcAKHQT4COYQFnoE
CBAQAQ&usg=AOvVaw1HIv_RNIeaFGloCC3RPEmW.
I practice what I preach. I am aware that only one Omoyele Sowore, the presidential aspirant of the African Action Congress (AAC) in the last presidential election, published
the incomes and expenses relating to his presidential ambition, although not
strictly in accordance with the laws cited above.
The poser that begs for an answer is, “where are the 2023 election related accounts of other political parties, including those mouthing transparency and accountability?”
We must begin to seriously interrogate party financing, patronage and godfatherism in Nigeria, if we are truly serious about fighting corruption and deepening political inclusivity, particularly amongst the youths. I am not and have never been a politician. But the task of our nation building is too serious to be left for politicians alone.
On this premise, I hereby demand that:
1. INEC should publish the 2022 audited accounts of all the political parties in Nigeria and/or cause the parties to also publish same within 14 days upon receipt of this letter;
2. INEC should kindly make available to me, either in hard or soft copies, the Certified True Copies of the audited 2023 election expenses of all the political parties in Nigeria, in line with Section 89 (3) & (8) of the Electoral Act, 2022 and Section 1 (1) of the Freedom of Information Act, 2011.
Take Notice that if the Commission fails to comply with the above demands, I would, without further notice, invoke the law through the Court to compel the Commission to do that which it seems to be lethargic in doing.
Please accept my highest regards.
Femi Emmanuel Emodamori.
(Legal Practitioner).
