Strong criticism has been leveled by the Inter Party Advisory Council, IPAC, against the steep charges set for nomination forms by some States Independent Electoral Commissions, SIECs, as a prerequisite for participating in local government elections.
IPAC highlighted that this practice blatantly violates the 1999 Constitution, the Electoral Act 2022, and standing Supreme Court rulings that declared such fees illegal and unconstitutional.
In a statement endorsed by Yusuf Mamman Dantalle, the National Chairman, IPAC expressed awareness of efforts by antidemocratic elements to stifle the country’s nascent democracy and the recent autonomy given to local governments by the highest court in accordance with the Constitution of Nigeria.
The Council expressed outrage at the demand by the Kaduna State Independent Electoral Commission for N11 million from chairmanship candidates and N2.2 million from councillorship aspirants ahead of the October 19, 2024, local government elections.
Similarly, IPAC decried the exorbitant nomination fees of N10 million for chairmanship candidates and N5 million for councillorship contenders set by the Kano State Independent Electoral Commission (KANSIEC) for the local government polls slated for November 30, 2024.
Likewise, the Jigawa State Independent Electoral Commission (JISIEC) fixed nomination form fees at N5 million for local government chairmanship candidates and N2 million for councillorship hopefuls vying in the October 5, 2024, polls.
It was stated, “It is apparent that state governments are not keen on fostering sustainable democracy and development at the grassroots level.”
“The exorbitant nomination form fees for local government elections amid economic challenges send a clear message to opposition parties and candidates that those unable to afford the staggering fees are being sidelined from the polls, allowing only affluent candidates to participate,” the statement continued.
“Seeking public office is a constitutional right for all individuals, especially at the grassroots level, as politics is local,” IPAC emphasized.
“It is unjust and inequitable to hinder credible candidates from joining elections due to exorbitant fees imposed by supposedly impartial electoral bodies. Elective offices should not be up for sale. This practice is intolerable,” the statement further declared.
In contrast, the Independent National Electoral Commission (INEC) requested a processing fee of N500,000 from presidential candidates.
However, it is worth noting that the National Conscience Party and 23 other parties contested this action in a lawsuit (Suit No. FHC/ABJ/CS/42/2003).
In her ruling, Justice Binta Murtala-Nyako affirmed the plaintiffs’ argument represented by Chief Gani Fawehinmi, declaring INEC’s imposed processing fees as illicit and unconstitutional.
Additionally, in the case of National Conscience Party v Ekiti State Independent Electoral Commission, the state high court invalidated the requirement for candidates contesting councillorship to pay a N5000 deposit to the commission.
Justice Babalola ruled that such fees sought to supplement or amend sections 106 and 207 of the 1999 Constitution, deeming them inconsistent with section 7(4) and 106 of the Federal Constitution and hence 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 on this matter.
Similarly, the Osun State High Court nullified the demand for N50,000 from chairmanship candidates and N25,000 from councillorship candidates by all registered political parties as part of the criteria to contest the local government election on March 27, 2013, in the state.
The court asserted that the commission lacked the authority to stipulate conditions for eligibility, qualifications, and disqualifications of candidates running in local government elections in Osun State beyond what the 1999 Constitution mandates.
The appeals made by the commission were dismissed by both the Court of Appeal and the Supreme Court.
Multiple court rulings have struck down the imposition of nomination form fees by State Independent Electoral Commissions (SIECs).
“It is absurd that these state electoral commissions persist in imposing unlawful and unconstitutional nomination fees on political party candidates involved in local government elections across the country. This challenge to the nation’s democratic process is unacceptable. This impunity must be halted,” underscored IPAC.
Consequently, IPAC insisted on the withdrawal of what it referred to as “these unlawful fees in compliance with the apex court judgements and urged the SIECs to exhibit dedication in organizing free, fair, credible, and transparent local government elections.”
The Council voiced its support for the total autonomy of local governments by abolishing the States Independent National Commissions to eliminate this disruption in the country’s electoral system.