May 17, (THEWILL) — Progressives Congress are allegedly making monthly contributions from their FAAC allocations into a campaign fund reportedly meant to support the re-election bid of President Bola Ahmed Tinubu.
The organisation argued that such allegations raise broader issues relating to democratic governance, electoral integrity and citizens’ constitutional rights to political participation.
“The right to political participation requires that citizens have a real opportunity to exercise their political rights”, SERAP noted, adding that free, fair and transparent elections are fundamental human rights protected under both Nigerian and international law.
SERAP maintained that the alleged scale of the diversion and the opacity surrounding the reported funding structure justify INEC’s intervention under its constitutional and statutory powers.
“The combination of large-scale public fiscal flows, opaque deduction structures, and allegations of misuse of public funds for political and campaign purposes creates a reasonable basis for INEC to exercise its investigative and monitoring mandates under the Nigerian Constitution 1999 (as amended) and the Electoral Act”, the letter noted.
The organisation further explained that Section 91 of the Electoral Act establishes legal limits on donations to political parties and candidates and prescribes sanctions for violations.
“Section 91 establishes that any political party that exceeds the prescribed donation limit is liable to a fine of up to ₦10,000,000, plus forfeiture of the excess amount. It provides that any individual who exceeds the donation limit commits an offence and is liable to a fine equal to five times the amount donated in excess of the legal limit”, SERAP said.
The organisation also referenced Section 14(2)(c) of the Nigerian Constitution, which guarantees citizens’ participation in governance, arguing that INEC has a constitutional duty to ensure that elections are not distorted by undue financial influence.
It additionally cited Sections 13 and 15(5) of the Constitution, which mandate public institutions to uphold constitutional principles and abolish corrupt practices and abuse of power.
SERAP further invoked provisions of the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, both ratified by Nigeria, to reinforce its argument that citizens are entitled to freely participate in government through credible elections.
The organisation also referenced Nigeria’s obligations under the United Nations Convention against Corruption, particularly provisions requiring transparency and accountability in the management of public resources and political financing.
“Where public resources are allegedly diverted or deployed for political and campaign purposes, the result is not merely financial impropriety—it is a direct distortion of electoral competition. Such actions undermine the principle of a level playing field and erode the ability of citizens to freely choose their representatives”, SERAP warned.
According to the organisation, the Nigerian Constitution, the Electoral Act and international anti-corruption standards prohibit the misuse of public resources for political advantage and impose clear obligations regarding campaign finance transparency.
SERAP stressed that any failure by INEC to proactively enforce the relevant constitutional and statutory provisions could further weaken public confidence in electoral institutions and compromise Nigerians’ democratic rights ahead of the 2027 general elections.
“The Commission has constitutional and statutory obligations to ensure that no individual or political party exceeds legally prescribed contribution limits, whether directly or indirectly, and to ensure full transparency regarding the origin and quantum of political funding,” the organisation stated.
SERAP concluded that allegations involving large-scale financial resources potentially linked to public funds fall squarely within the investigative mandate of INEC under the Electoral Act and urged the commission to act decisively to preserve electoral credibility and democratic accountability in the country
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