Section 88
Limitation on election expenses(1) Election expenses shall not exceed the sum stipulated in subsections (2)-(7).
(2) The maximum election expenses to be incurred by a candidate at a presidential election shall not exceed N5,000,000,000.
(3) The maximum amount of election expenses to be incurred by a candidate in respect of governorship election shall not exceed N1,000,000,000.
(4) The maximum amount of election expenses to be incurred by a candidate in respect of Senatorial and House of Representatives seat shall not exceed N100,000,000 and N70,000,000 respectively.
(5) In the case of State Assembly election, the maximum amount of election expenses to be incurred by a candidate shall not exceed N30,000,000.
(6) In the case of a chairmanship election to an Area Council, the maximum amount of election expenses to be incurred by a candidate shall not exceed N30,000,000.
(7) In the case of Councillorship election to an Area Council, the maximum amount of election expenses to be incurred by a candidate shall not exceed N5,000,000.
(8) No individual or other entity shall donate to a candidate more than N50,000,000.
(9) A candidate who knowingly acts in contravention of this section, commits an offence and is liable on conviction to a fine of 1% of the amount permitted as the limit of campaign expenditure under this Act or imprisonment for a term not more than 12 months or both.
(10) Any individual who knowingly acts in contravention of subsection (9) is liable on conviction to a maximum fine of N500,000 or imprisonment for a term of nine months or both.
(11) An accountant who falsifies, or conspires or aids a candidate to forge or falsify a document relating to his expenditure at an election or receipt or donation for the election or in any way aids and abets the contravention of the provisions of this section commits an offence and is liable on conviction to a fine of N3,000,000 or imprisonment for a term of three years or both.
This section prescribes the maximum limit on election expenses that can be incurred by candidates for various elective offices. Notably, the limit on election expenses has been reviewed upwards in successive amendments to the Act.
Note the definition of “election expenses” in section 89.
INEC Guidelines on Party Finances and Election Expenses in paragraph 1(3) notes that contribution to candidates by an individual or entity shall be from 150 days allowed for campaigns to Election Day.
The section also makes it an offence for any accountant to conspire with or help a candidate to falsify documents relating to expenditure or receipt of donations.
Note that a provision in section 91 (8) of the repealed Act that stated that certain expenditures should not be factored into a candidate’s total expenditure is deleted in the new Act.
Also, in section 88 (11), the penalty for an accountant who helps a candidate to falsify election expenses documents is reduced from 10 years imprisonment (in 2010 Act) to 3 years imprisonment. A fine of N3,000,000 is included as an option or joint penalty with the imprisonment term.
