Section 85
Offences in relation to finances of a political partyAny political party that—
(a) holds or possesses any fund outside Nigeria in contravention of section 225 (3) (a) of the Constitution, commits an offence and shall on conviction forfeit the funds or assets purchased with such funds to the Commission and in addition may be liable to a fine of at least N5,000,000; or
(b) retains any fund or other asset remitted to it from outside Nigeria in contravention of section 225 (3) (a) of the Constitution commits an offence and shall on conviction forfeit the funds or assets to the Commission and in addition may be liable to a fine of at least N5,000,000.
Cap. C23 LFN, 2004.This provision outlines offences related to finances of a political party. The penalty for political parties holding funds and retaining assets remitted from outside Nigeria contrary to section 225 (3) (a) of the Constitution is increased in the 2022 Act. A party found guilty shall forfeit such funds or assets and may face a fine of at least N5,000,000. (Section 88 of the repealed Act prescribed a fine of at least N500,000)
Before the 1979 Nigerian Constitution, there was no clearly defined regulatory framework on party finances and the funding of political parties was predominantly through private funding as parties and candidates were responsible for election expenses. However, under section 2015 of the 1979 Constitution, a ban was placed on political parties receiving external funds, presumably to check external control of political parties.
Finances and Election Expenses of Political Parties, Candidates and Aspirants
Section 225 (3) of the 1999 Constitution