Section 89
Election expenses of political parties(1) For the purposes of an election, “election expenses” means expenses incurred by a political party within the period from the date notice is given by the Commission to conduct an election up to and including, the polling day in respect of the particular election.
(2) Election expenses incurred by a political party for the management or the conduct of an election shall be determined by the Commission in consultation with the political parties.
(3) Election expenses of a political party shall be submitted to the Commission in a separate audited return within six months after the election and such return shall be signed by the political party’s auditors and countersigned by the Chairman of the party and be supported by a sworn affidavit by the signatories as to the correctness of its contents.
(4) A political party which contravenes subsection (3) commits an offence and is liable on conviction to a maximum fine of N1,000,000 and in the case of failure to submit an accurate audited return within the stipulated period, the court may impose a maximum penalty of N200,000 per day on any party for the period after the return was due until it is submitted to the Commission.
(5) The return referred to in subsection (3) shall show the amount of money expended by or on behalf of the party on election expenses, the items of expenditure and commercial value of goods and services received for election purposes.
(6) The political party shall cause the return submitted to the Commission under subsection (3) to be published in at least two national newspapers and official website of the party.
(7) Any political party that incurs election expenses beyond the limit set in subsection (2) commits an offence and is liable on conviction to a maximum fine of N1,000,000 and forfeiture to the Commission, of the amount by which the expenses exceed the limit set by the Commission.
(8) The Commission shall make available for public inspection during regular business hours at its headquarters and state offices the audited returns of the political parties required by subsection (3) which shall include the names, addresses, occupation, and amount contributed by each contributor to a party.
This provision basically empowers the Commission in consultation with political parties to regulate and determine the election expenses to be incurred by the political parties for the conduct of election from the date notice is given up to the conclusion of the election. This is different from expenses by candidates.
The section makes it clear that election expenses are expenses incurred by a political party from the period of issuance of notice of election by the Commission to the day of election in respect of a particular election.
In keeping with its responsibility of monitoring finances of political parties, parties are to submit separate audited returns showing the amount of money expended and the value of goods and services received for the election purpose within 6 months after the election to enable the Commission to examine the expenses incurred by the party to measure compliance with the provisions of the Act.
This return shall be published in two national newspapers and per section 89 (6) of the 2022 Act, also on the official website of the party.
