‘Stop INEC from receiving foreign donations’

INEC Chairman, Attahiru Jega

Some de-registered political parties have asked an Abuja Federal High Court to stop the Independent National Electoral Commission from receiving foreign donations.

The plaintiffs – Hope Democratic Party, Peoples Redemption Party, Peoples Progressives Party, Change Advocacy Party, as well as the Centre For Public Probity Studies – asked the court to declare that INEC was not entitled to receive further funding from foreign organisations until it accounted for previously received foreign funds.

INEC, the National Assembly, the European Union, United States Agency for International Development, the United Nations Development Programme and the Department For International Development were listed as the 1st to 6th respondents in the suit.

The plaintiffs insist that INEC must make an undertaking to conduct free and fair elections devoid of partisanship before it could receive funds.

Besides an order stopping INEC from receiving foreign donations, the plaintiffs are also asking the court to declare that their continued exclusion in preparations for the 2015 general elections was discriminatory, unlawful and wrongful.

In the same vein, the plaintiffs want the court to restrain INEC from continuing to de-register them as political parties despite a court order which nullified the de-registration of political parties by the commission.

In the suit filed by their counsel, Ambrose Owuru, the plaintiffs equally asked the court to order INEC to publish and account for all previous donations from foreign organisations.

Also, they asked the court to order INEC to pay them all outstanding arrears that should accrue to them as political parties.

The plaintiffs also want the court to make an order directing the establishment of a universally acceptable electoral structure and machinery, including electronic voting procedures, to guarantee free and fair elections ‘to ensure electoral victory for the big and smaller parties.’

The court was also asked to make an order of perpetual injunction retraining INEC from going further with preparations towards the 2015 elections and accepting funding without a full disclosure/account of received funds, and guarantee of free and fair elections to save lives and properties in the country.

The restraining order sought by the plaintiffs would also stop INEC from preventing them from fielding candidates in the 2015 elections.

The plaintiffs raised a number of questions for determination by the court, including whether, by virtue of sections 40, 228 and 229 of the 1999 Constitution and Article 13 of the African Charter on Human and Peoples Rights, and INEC’s “undemocratic activities,” the electoral commission was entitled to further donations/funding towards the 2015 general elections.

The said undemocratic activities, according to the plaintiffs, include INEC’s “flagrant disobedience of court orders”, the de-registration of political parties based on the voided section 78 (7)11 of the Electoral Act, 2010, alleged partisan posturing during elections and on electoral issues, non-monitoring of campaign rules and abuse of campaign fund raising.

The court was equally asked to determine whether, by virtue of Article 13 of the African Charter on Human and Peoples Rights, Ratification and Enforcement Act, and sections 40, 221, 222, 225 and 229 of the 1999 Constitution, INEC could lawfully exclude any duly registered political party on record as at the 2011 general elections while registering new parties, and also proceed to plan and publish notice of elections without the full participation of all political stakeholders, including the plaintiffs.

In the same vein, the court would determine whether, by virtue of the Freedom of Information Act, INEC was entitled to further funding from donor organisations or any other sources without a full disclosure of previous donations received and a guarantee of free and fair elections