 The former Finance Minister Jose Mario Vaz won the presidential run-off election in Guinea- Bissau. Initial reports indicate that the Nigerians and the of Stomach many political parties ran a limited Infrastructure campaign (including a first round and parliamentary By Jide Ojo

elections in April) partly related to “He may have done well with the provi- limited access to sion of physical infrastructure. However, funding. what about my own stomach infrastruc-

 In the UK, the leader ture?” —Governor Kayode Fayemi of of the right-wing UK mimicking his detractors Independence Party on TV (UKIP) first told reporters that he Many a time we heap all the blame of would allow his holders, every day of the week, from dawn finances as a Member political corruption on the political to dusk, their political supporters, constitu- of the European class. We unfairly accuse them of un- ents and allies besiege their homes and of- Parliament to be derperformance in office. We castigate fices for one support or the other. It is iron- independently them for not providing palpable divi- audited. Nigel Farage ic that these people are not meeting their dends of democracy. however later political representa- changed his position We tend to forget or “According to the accounts tives to advocate for on the matter. chose to ignore bills to be passed or where, we as elec- of many serving and out-of infrastructures their  In the US, the Senate torates and civil pop- -office political office hold- will vote later this communities need, ulace, aid and abet year on a proposed ers, every day of the week, but for their own Constitutional political corruption. I selfish needs. They amendment that have, on several oc- from dawn to dusk, their demand for payment could reverse some of casions, listened to the recent Supreme political supporters, con- of school fees of their political office hold- Court rulings on children, funds to ers lament the finan- stituents and allies besiege campaign finance. help them pay their The proposed cial and material their homes and offices for house rent, support amendment would burdens they have to towards the new give the parliament in bear while in office. one support or the other.” the US more rights to bride they are about Constituents, friends pass legislation to take, assistance towards the funerals regarding money in and families, they allege, perpetually they need to organize and other mundane politics. put them under heavy financial yoke. and self-seeking requests. This is what is According to the accounts of many serving and out-of-office political office (Cont’d on page 4) Factors to consider when legislating on party finance

By Lisa Klein

Across the globe, many nations are either in the process of enacting, amending or discussing whether to enact or amend IFES has organ- laws governing political ised a Yahoo Group on finance. The legislative party finance open to all process can be time- who want to know more consuming and highly po- and to discuss political liticised, which means we need to ensure that legisla- party and campaign fi- arms race for cash cy may deter some potential tion, regardless of its nance in Nigeria. donors from donating. This, in scope or substantive con-  Creating an even play- turn, may make it more difficult tent, is fit for purpose. If ing field for parties/ Go to; for parties to raise money, the legislative framework candidates http://groups.yahoo.com/ which means the goal of ensur- is defective, it will not en-  Encouraging trust and ing parties are adequately fund- group/partyfinance/ hance confidence in the participation in the ed may need to be addressed in integrity of the electoral electoral process some other way (i.e. through process; indeed, poorly Ensuring political parties state funding). drafted laws undermine have adequate funding to

such confidence. fulfil their important role The third question to ask is in democracy whether the legislation, as writ- There are four key ques- ten, is enforceable. This is im- tions to consider when The reason for expressly portant because unenforceable drafting legislation to en- articulating the aims of the political finance laws can im- sure that it will be as ef- legislation is that without pair the integrity of the elec- fective as possible. The doing so, it is impossible to toral process and bring the sys- first is to ask what the leg- determine if they will be or tem into disrepute. islation is trying to have been met.

achieve, in other words, to There are two ways a law may define its key aims. This This leads us to the second fail the ‘enforceability’ test. may sound extremely basic key question – Does the Poor drafting may make it im- but the purpose of legisla- legislation give life to the possible to achieve the legisla- tion is not always clearly stated objectives? Answer- tive objectives. For example, spelled out. ing this question can be many countries impose limita- difficult because the tions on how much donors may Many experts have written measures used to imple- contribute. The efficacy of about the reasons for regu- ment one objective often such provisions depends on lating political finance. conflict with another key what donations are included in Although there are numer- aim. Transparency, for ex- the prescribed limit. If the lim- ous formulations, the key ample, is often used as it only applies to donations objectives could be sum- means to guard against cor- made to candidates, then donors marised as: ruption and undue influ- could easily circumvent it by  Preventing corruption ence. However, requiring donating to the party associated and/or undue influence donors to be publicly iden- tified to ensure transparen-  Ending/preventing an (Cont’d on page 6) 2

CSJ Recommendations For Political Finance Reform

By Eze Onyekpere

(Continued from April Edition)

(ii) To INEC on the Extant Law

In view of our candidate-centric sys- tem, the recent provision of the Guide- lines and Regulations for Political Par- Disclaimer Notice ties for candidates reporting on cam- paign finance is a good development All opinions from INEC. Detailed candidates re- expressed in this porting forms should be developed by newsletter are INEC. The reports should include elec- those of the tion contributions and election ex- penses. A pre-election report should respective authors come within three weeks to the elec- and do not tion while a post election report necessarily should be demanded within three represent the months of the conclusion of poll. Par- views of IFES and ties will still be under obligation to section 153 of the Act, detailing rules report their and formats for candidates and political thus should not be expenses parties to quoted as such. used for “In view of our candidate-centric sys- report their general ad- use and ministration tem, the recent provision of the Guide- manage- and in sup- lines and Regulations for Political Par- ment of port of par- state appa- ticular can- ties for candidates reporting on cam- ratus to the didates. paign finance is a good development advantage or disad- The pre- from INEC. Detailed candidates report- vantage of election re- ing forms should be developed by INEC. any political party or port should The reports should include election come with candidate at the declara- contributions and election expenses. A an election. Reporting tion of as- pre-election report should come within sets of the rules, for- candidate to three weeks to the election while a post mats and enable the election report should be demanded guides for public form candidates an opinion within three months of the conclusion and political and recon- of poll.” parties cile the should be worth of the candidate with the re- developed sources he is expending for the elec- by INEC or any other agency to be charged tion. Considering the provisions of with monitoring the provisions.

3 Nigerians and the Politics of Stomach ……...Cont’d from page 1

meant by stomach infrastructures. them. A human rights activist, Mr. Bam- Interestingly, there are two notable Nige- idele Aturu contested for a senatorial elec- rians, both deceased, who are reputed to tion in Lagos in 2003 under the National have used the weapon of feeding their loy- Conscience Party. At one of the post elec- alists to win votes. These two gentlemen tion conferences, he shared his experience were Alhaji Lamidi Adedibu and Dr. Abu- while campaigning. According to him, after bakar Olusola Saraki. While Adedibu held he might have told the crowd about his sway in and is popularly re- programs and policies, the attendees at the ferred to as the strongman of Ibadan poli- rally will ask for ‘second page’ an euphe- IFES Nigeria has organ- tics and promoter of ‘Amala’ politics; mism for money. Some voters are also ever ised a Yahoo Group on Saraki is regarded as the strongman of -ready to sell their voters card to any inter- party finance open to all Kwara politics. These two musketeers ested political party or candidates during who want to know more were kingmakers in their own rights. They the electioneering process. Any Nigerian played key roles in the emergency of gov- politician who is unwilling to share money and to discuss political ernors and other political office holders in openly or secretly to buy support is regard- party and campaign fi- their states of Oyo ed as a non-starter, a nance in Nigeria. and Kwara respec- “This huge financial de- rookie in politics.

tively. By providing mand is part of why politi- Go to; food for the hungry, This huge financial de- http://groups.yahoo.com/ they are able to buy cians are corrupt. The mand is part of why group/partyfinance/ their unflinching loy- blame is not altogether politicians are corrupt. alty and use their that of the supporters or The blame is not alto- influence to win gether that of the sup- elections for their constituents...They possi- porters or constituents. prote ge s. bly have heard of the hu- Their reasoning is that mongous amount... these making such demands is As pointed out by the political office holders get their own way of secur- incumbent governor ing dividends of democ- of Ekiti State, Dr. as salaries and allowances racy. They possibly Kayode Fayemi, in a while in office and decided have heard of the hu- Channels Television to get a share of the lar- mongous amount, mil- program, Sunrise on gess. “ lions of Naira, these po- Saturday of January litical office holders get 11, 2014, while his political detractors as salaries and allowances while in office will acknowledge his sterling performance and decided to get a share of the largess. while in office, they often ask, what about Some of them have argued, somewhat my stomach infrastructure? To them, they rightly, that if they do not get their share cared less about the physical infrastruc- from the contestants during the election- tures like the schools, hospitals, roads, eering period, they may never see their electricity, water and other dividends of representatives again until the next elec- democracy the governor has been provid- tion. Whatever justification may be ad- ing in fulfillment of his campaign promis- duced for the endless demand for patron- es, they will rather he shares the money to age by political supporters on political of- them to take care of selfish, personal fice holders; the phenomenon poses a needs. grave danger to the anti-corruption cam- It is also an open secret that even when paign and the survival of Nigerian democ- politicians do not approach them, some racy. electorates are in the habit of making monetary demands from political parties Jide is the Program Manager with IFES- and their candidates before voting for Nigeria 4 Political Finance Legislative Design: Compliance and Enforcement

By Carl Dundas It is possible to introduce third party in-

puts by way of sample inspection to see The compliance and enforcement regimes if the implementation of the law and reg- of political finance legislative schemes are ulations are being kept on track. Such often treated as a single regime, but actu- random checking of how well or other- ally they are separate and are more effec- wise the law is being implemented can tive if treated and implemented as such. serve to improve standards and at the The compliance obligations of a political same time be a deterrence to collusion finance legislative scheme should be care- Disclaimer Notice between staffs and parties or candidates. fully identified and the sanctions noted. A monitoring program should be formulated All opinions Political finance legislation enforcement with respect to each obligation and dedi- often suffers from def- expressed in this cated and trained “Where it is possible, a icits in many areas, newsletter are staffs should be as- including flawed or those of the signed to ensure that party or candidate who is non-existent mecha- political parties and about to commit a breach respective authors nisms in transmitting or candidates are as- and do not of the requirements should breaches by the EMB sisted to comply with necessarily be reminded of the obliga- to the prosecuting au- each obligation. thorities, over-loaded represent the tion concerned and be al- or corrupt prosecuting views of IFES and It is important that lowed to rectify the likely authorities, or poor thus should not be those entities, to breach before prosecution preparation and whom the obligations quoted as such. presentation of the apply, be they politi- is set in motion.“ cases in court. In re- cal parties, party-sponsored candidates, or searching the issue of political finance in independent candidates or their agents the Commonwealth for the Secretariat of and representatives are aware of and fully that association almost a decade and a understand the nature and scope of each half ago, Michael Pinto-Duschinsky legal obligation. While the primary legal found that many Commonwealth coun- responsibility of meeting the stipulated tries from the Caribbean, west and east obligations of the political finance legisla- African regions, as well as Asia, lacked tion lies with the political parties and can- proper legal structures for the enforce- didates, the quality of compliance can be ment of breaches of political finance enhanced if the electoral management rules which were invariably deficient an- bodies (EMBs), particularly in emerging yway. For many of the countries covered democracies, assist with timely and vigor- in that study, the situation has not ous awareness programmes. This means changed significantly or at all. For exam- that the EMB’s unit or staff cadre oversee- ple, Jamaica‘s Electoral Commission re- ing the compliance regime should be well- cently okayed a political finance legisla- trained, courteous and be helpful to those tive scheme which was being debated in who are to comply with the political fi- Parliament and many independent elec- nance legislative requirements. Where it is toral commentators drew attention to possible, a party or candidate who is about the many shortcomings in the Electoral to commit a breach of the requirements Commission’s recommendations. should be reminded of the obligation con- cerned and be allowed to rectify the likely One of the time-honoured difficulties breach before prosecution is set in motion. with designing a po- 5 Factors to consider when legislating on political Political Finance … finance…...….Cont’d from page 2 Cont’d from page 5

with that candidate, or vice tion. litical finance legislative versa. And, where only do- scheme, and particularly the nations made during a spec- By way of illustration, as- enforcement mechanism, ified period are limited, do- sume donation limits are in- that is in line with best nors can circumvent the cluded to avoid any one donor practices, is that the law limit by giving prior to the from exerting undue influ- will be applied to the very regulated period. The legis- ence. If donation limits are legislators who have to ap-

lative proposal must be test- set extremely low, there will prove it. Thus members of Do you want to subscribe ed robustly to identify po- be a heavier burden on recipi- the ruling and, often, also of to the IFES Nigeria Politi- tential loopholes - otherwise ents. Their recordkeeping and the opposition parties are cal Finance Newsletter? the law may prove meaning- reporting obligations may be unlikely to approve provi- Email Obaje Ukeh on; less. more extensive and they will sions of a law that will be [email protected] have to find more funding directed at them more than The other type of unen- sources. Is such a low limit the general populace, if they Also send us the email forceability relates to viola- truly needed to prevent undue are not comfortable with address of anyone you tions of the law. The issue influence so as to justify the them. The first hurdle then think may be interested in here is not whether breaches level of burden imposed on is to get a tight enforcement subscribing, and we will will occur but whether they those who are regulated? regime of a political finance send them an invitation to are easy to detect and prove. legislative scheme pass subscribe. For example, a donor who These four key questions are through the parliament con- has given the maximum important to consider when cerned, and secondly to con- amount and still wants to party funding laws are being struct a credible and realis- fund a political party may enacted. They should also be tic mechanism taking ac- be tempted to give money to reviewed on an on-going ba- count of all relevant local friends, family and co- sis to ensure that the law is circumstances, including the workers who will then make tested in practice. The UK securing of adequate financ- You can download all the donation on the donor’s Electoral Commission com- ing on a timely basis. issues easily and with- behalf. pleted a review of party and out cost at http:// While political finance en- election finance legislation tinyurl.com/aulxbor forcement mechanisms, like An ‘enforceable law’ will last year, undertaken in con- other electoral breaches, contain anti-circumvention sultation with political parties measures. It will prohibit and other stakeholders. The suffer grave deficits due to donations made through oth- final report highlighted 100 the culture of impunity with ers and it will provide a recommendations designed to respect to prosecution for means for detecting at- either fill gaps or to lessen electoral breaches in emerg- tempts to do so. For exam- burdens on parties and candi- ing democracies, in some ple, in the USA, a donor’s dates. In keeping with Com- mature democracies disclo- name, address, occupation mission practice, the report sure regimes suffer from and employer’s name must has been made public and can legal technicalities which be reported. This signifi- be found at are employed to circumvent cantly helps detect attempts http:// reporting requirements. For at circumvention. www.electoralcommission.or example, secret trusts and g.uk/__data/assets/ loans in place of gifts/ The fourth question to con- pdf_file/0008/157499/PEF contributions. sider is the level of burden Regulatory-Review-2013.pdf. imposed on those regulated Carl is a United Kingdom by the law. The goal should Lisa is an international con- based Electoral Consult- be to keep the burden as sultant in political regulation light as possible to achieve ant. the purpose of the regula- 6 CSJ Recommendations for Political Party Finance Reforms.....Cont’d from page 3 and mainstreaming of Demand and ensure that the practices of other par- campaign finance issues in candidates report their ties. the 2015 political agenda. election expenses in ac- cordance with the regula- With a first-hand experience Conduct in-depth studies tory framework. In the of money and politics, par- and research on contribu- event of a breach, tions to campaign fi- INEC should activate “Being active participants nance at executive and or apply the necessary in the political process, par- legislative levels and administrative and le- their links to public gal sanctions. ties are expected to provide procurement, privileg- Disclaimer Notice

evidence and documenta- es, patronage, legisla- Collaborate with civil All opinions tion to facilitate the work of tion and corruption in society and the legisla- INEC in campaign finance governance. expressed in this ture for the amend- newsletter are ment of extant faulty monitoring. Parties are in a Initiate dialogue, con- those of the legal provisions. position to provide infor- sultations and prepa- respective authors mation on their own candi- ration of drafts for the Make available for and do not amendment of exist- public inspection dur- dates and the practices of ing legislation should necessarily ing office hours the other parties. With a first- occupy the attention represent the returns of political hand experience of money of civil society organi- views of IFES and parties and candidates and politics, parties are ex- sations. at its national and thus should not be state offices. pected to collaborate with quoted as such. For the media, raising relevant stakeholders for awareness, agenda Conduct training and the review of extant money setting, etc, is still capacity building in and politics laws, policies needed because politi- collaboration with cal finance is yet to other stakeholders for and practices.” occupy its place in the political parties and front burner of national candidates on respecting ties are expected to collabo- discourse. the campaign finance pro- rate with relevant stake- visions of the Electoral holders for the review of Undertake training and Act. extant money and politics capacity building on cam- laws, policies and practices. paign finance, in collabo-

ration with INEC and other (iii) To Political Parties Sensitise the rank and file stakeholders for candi- on money and politics issues dates and political parties. Being active participants and build a movement for Monitor and report on in the political process, change among their mem- candidates and political parties are expected to bership. parties expenditure in the provide evidence and doc- 2015 elections. umentation to facilitate (iv) To Civil Society Organi- the work of INEC in cam- sations and the Media Eze is the Lead Director paign finance monitoring. of Centre for Social Jus- Parties are in a position to Reactivate the Political Fi- tice, Abuja provide information on nance Monitoring Group to their own candidates and ensure early preparations

7 News clips on political finance in Nigeria

Osun: INEC allays Bribery allegations: Accord Party blames Politicians’ fear over Show evidence, Ekiti’s woes on rigging Fayemi tell Fayose ‘imported politicians’ MAY 24, 2014 BY TUNDE AJALA IFES promotes demo- The Kayode Fayemi Cam- cratic stability by provid- The Accord Party candi- paign Organisation has ing technical assistance date for the June 21 gov- challenged the People’s ernorship election in Ekiti and applying field-based Democratic Party candidate, State, Mr. Kole Ajayi, has research to the electoral Mr Ayodele Fayose to come blamed the problems con- forward with cycle worldwide to en- fronting the state on those “incontrovertible evidence” hance citizen participa- he called “imported politi- over allegations that gover- cians.” tion and strengthen civil nor Dr Fayemi has bribed societies, governance the Independent National While addressing the par- and transparency. Electoral Commission, INEC. ty supporters at Iluomoba -Ekiti in Gbonyin Local IFES Nigeria Office 4B Buchanan Close Spokesperson of the organi- Government Area of the Off Aminu Kano Cres- sation, Mr Dimeji Daniels state, Ajayi said cent faulted the claims made by “unprecedented capital Wuse 2, Abuja flight” and “overbearing Mr. Fayose saying “we are Phone: tired of all this scare- economic godfatherism” +234(0)94610498 mongering by the PDP can- were the major factors +234(0)94610499 didate. Let him be a man of causing poverty in the +234-7098716162 state. honour for once.” For further information It, however, challenged him or comments about this to come forward with the He said, “Tracing the po- newsletter, please con- “so-called incontrovertible litical history of the state tact Samson Fadare; since 1999 till date, peo- [email protected] evidence that he has.” Argu- ing that Fayose is fond of ple coming to superintend screaming blue murder over Ekiti people are when in fact he is the one those who do not under- guilty of same offence.” stand the values of Ekiti land and they are people Supported by: On the allegation that the that had led the state to Fayemi and the APC orches- total economic decimation trated violence in the state, as a result of capital flight. he said “Governor Kayode Fayemi’s convoy must have “The present administra- passed the route where Fay- tion has made things ose’s campaign office is lo- worse by its overbearing This Newsletter is edited by godfatherism. The only Jide Ojo, IFES –Nigeria cated over a hundred times Program Manager over the past three and a solution to the bad gov- half years and his convoy ernance in Ekiti is to have was never attacked for once a government that knows News clippings collected by until Ayo Fayose became and understands the Obaje Ukeh IFES Nigeria the candidate of the PDP. needs of the people, which Program Officer. The governor’s convoy had would preserve the wealth not been attacked anywhere of the state...” http:// in the entire state www.punchng.com/news/ Each news clipping is sinc….http:// accord-party-blames- copyright of its original ekitis-woes-on-imported- publisher. IFES takes no www.vanguardngr.com/2 responsibility for the content 014/04/bribery- politicians/ of these news clippings. allegations-show-evidence -fayemi-tells-fayose/

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