The Inter Party Advisory Council, IPAC, has condemned in strong terms the exorbitant fees being charged for nomination forms by some States Independent Electoral Commissions, SIECs, as part of the requirements for participation in local government elections.
The Council noted that this was in flagrant violation of the 1999 Constitution, as amended, the Electoral Act 2022 and subsisting judgements of the Supreme Court declaring the fees illegal and unconstitutional.
In a statement signed by Yusuf Mamman Dantalle, its National Chairman, IPAC said it is aware of the attempt by anti-democratic forces to suffocate the nation’s emerging democracy and the recent financial autonomy granted to local governments by the apex court in tandem with the Constitution of the Federal Republic of Nigeria.
The Council said it was outraged by the Kaduna State Independent Electoral Commission’s demand of N11 million for candidates vying for the office of chairman and N2.2 million for councillorship position in its scheduled 19th October, 2024 local government election.
Similarly, IPAC said it is appalled by the exorbitant nomination fees of N10 million for candidates contesting for chairmanship and N5 million for those running for councillorship offices by the Kano State Independent Electoral Commission (KANSIEC) for the 30th November, 2024 local government polls in the state.
Likewise, the Jigawa State Independent Electoral Commission (JISIEC) fixed N5 million as fee for nomination form for local government chairmanship and N2 million for councillorship candidates for the 5th October 2024 polls.
“It is obvious that states governments do not want sustainable democracy and development in the third tier of government,” he said.
“The outrageous fees for nomination forms to run for local government elections in the face of economic hardship send a strong signal to opposition parties and their candidates, indeed all aspirants who could not afford the fees that they are excluded in the elections as only wealthy candidates can afford such mind boggling fees for local government polls.
“Running for office is the constitutional right of all citizens desirous to do so particularly at grassroots level as politics is local.
“It is unfair and unjust to prevent credible candidates from participating in elections due to exorbitant fees by supposed unbiased electoral bodies. Elective positions should not be for sale. It is unacceptable.
The Independent National Electoral Commission, INEC, had demanded a processing fee of N500,000 from presidential candidates.
But Newspot recalls that the National Conscience Party & 23 others had challenged this illegality in Suit No. FHC/ABJ/CS/42/2003.
And in her ruling, Justice Binta Murtala-Nyako upheld the submission of the plaintiffs’ counsel, Chief Gani Fawehinmi and declared the processing fees imposed by INEC as illegal and unconstitutional.
Also in National Conscience Party v Ekiti State Independent Electoral Commission, the state high court nullified the demand for the payment of N5000 deposit for candidates running for councillor to the commission.
Justice Babalola ruled that the fees were attempts to add or alter sections 106 and 207 of the 1999 Constitution, stating that it was inconsistent with the provision of section 7(4) and 106 of the Federal Constitution and therefore null and void to the extent of their inconsistency.
The Court of Appeal also dismissed the appeal filed by the Ekiti State Independent Electoral commission.
In the same vein, the Osun State High Court nullified the payment of N50,000 for chairmanship candidates and N25,000 for councillorship by all registered political parties as part of requirements to contest the 27th March 2013 local government election in the state.
The court held that the commission lacked the power to prescribe conditions for eligibility, qualifications and disqualifications of candidates to contest local government elections in Osun State outside the conditions provided by the 1999 Constitution.
The Court of Appeal and the Supreme Court dismissed the appeal filed by the commission.
In several judgements, the courts set aside fees for nomination forms imposed by States Independent Electoral Commissions (SIECs).
“It is preposterous that these states electoral commissions keep imposing illegal and unconstitutional nomination fees on candidates of political parties participating in local government elections in the country. It is an affront on the nation’s democratic process. This impunity must stop,” the Council said.
IPAC then demanded the withdrawal of what it described as “these illegal fees in accordance with the judgements of the apex court and urge the SIECs to demonstrate commitment in conducting free, fair credible and transparent local government elections.”
The Council said it is “advocating for total autonomy of the local governments by scrapping the States Independent National Commissions to put a stop to this distraction in the nation’s electoral process.
“It is time to deepen the nation’s democracy and make Nigeria great again.”
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