We liken the issues around nomination form as something that is rather a tradition rather than law. The constitution in S 222, 226 & 227 is quite silent on whether political parties should collect forms or not
However, a critical look into Political party finance tells us that nomination forms are one of the ways parties sustain themselves. Others are donations, grants and membership dues.
From pre-independence, the 1959 elections involving NCNC & AG were funded by corporations and individuals. Check the court ruling of NCNC & Africa Continental Bank; or AG & some corporation in the West.
The govt of IBB in the 90s intervened and asked govt to directly fund political parties I.e NRC & SDP at the time. This boomeranged and govt funding for political parties was removed from the constitution in 1999. Parties were then asked to source funds from various means
So what is the position of Electoral Act in election funding? The acts 2002, 2006 & 2010 are very vague when it comes to limitation of election expenses, however, the amended bill (2017) which is before the executive is very clear.
Also, according to S91 of the 2010 act "No individual can donate more than N1m to any 'candidate" is vague. As we know, buying nomination form doesn't mean you're a 'candidate'. Therefore, an 'aspirant' that receives N45m donation has not committed a crime. According to the law.
S87 of the electoral act 2010 doesn't stipulate nomination fees for elective positions. But the amended act (2017) if/when passed stipulates maximum fees for elective positions. It also enables parties to hold direct or indirect primaries
The new bill prohibits political parties from imposing arbitrary fees on aspirants. Maximum fees are;
President- N10m
Governor- N5m
Senate -N2m
HoR - N1m
HoA - N500k
LGC - N250k
Ward - N150k
Unfortunately, this bill hasn't been assented to by the executive. We are stuck with 2010
Our recommendation is that while we continue to push for #NotTooYoungToRun which @YIAGA has done a lot on this, young people should as a matter of need push the executive to sign the amended electoral act. If this is not too late as politicking has commenced.
Under the current electoral act 2010, no political party has broken any law. The President is still an aspirant and has not contravened S91 of the act as well. However, this tradition needs be broken and the law should take its course.
Thank you for your time and please reach out if you have questions or comments. @LNCtoday