Campaigns: Using Power Of Incumbency To Deny Opposition Public Facilities, Illegal- INEC Says
BY VICTOR BUORO, ABUJA – The Independent National Electoral Commission (INEC) has declared that it is an offence punishable with fines and or imprisonment for any incumbent political leader to deny rival political candidates public facilities for use during political campaigns.
INEC specifically said that using the power of incumbency to deny opposition parties access to public facilities is illegal, stressing that Section 95 Subsections 2, 3, 4, 5, and 6 are unambiguous.
This was as the Commission also stressed the need for media organizations, state or private to give equal access to political parties and their candidates.
Chairman of INEC, Prof. Mahmood Yakubu, who stated these while speaking in Abuja on Monday, at stakeholders in the broadcast industry organized by the National Broadcasting Commission (NBC), noted that the 2022 Electoral Act has several provisions that would be implemented for the first time in the history of election operation at the 2023 polls.
He noted that political parties, candidates, and supporters will traverse the country canvassing for votes for the next five months beginning on Wednesday, September 28, 2022, when the campaigns officially commenced as provided by Section 94(1) of the Electoral Act 2022.
Yakubu said; “They will engage in media appearances and hold town hall meetings, door-to-door campaigns, rallies, and processions. This period is often characterized by excitement as well as anxiety.
“Therefore, political parties, candidates, and their supporters as well as the media have a responsibility to operate within the confines of the law and the provisions of the Commission’s rules and regulations. The issue-based campaign is essential for safe electioneering,” he said.
The INEC Chairman said that Section 95 of the Electoral Act 2022 defines the responsibilities of political parties and candidates, the media, and public institutions just as it also provides sanctions for violations.
In his words; “For instance, in the course of our numerous interactions with political parties over the years, many have complained about the denial of access to public facilities for meetings and rallies, exorbitant charges for signages and billboards, and equal access to State media.
The INEC Chairman reeled out sections of the Electoral Act as follows; 95(2) ‘State apparatus including the media shall not be employed to the advantage or disadvantage of any political party or candidate at any election.”
95(3) “Media time shall be allocated equally among the political parties and candidates at similar hours of the day.”
95(4) “At any public electronic media, equal airtime shall be allotted to all political parties or candidates during prime times at similar hours each day, subject to the payment of appropriate fees.”
95(5) “At any public print media, equal coverage and visibility shall be allotted to all political parties,” he said.
Yakubu, therefore, warned that failure to comply with the provisions of the law attracts sanctions against both the media organisation and its principal officers as clearly provided for in Section 95(6).
Section 95(6) is as follows; “A person who contravenes subsections (3) and (4) commits an offence and is liable on conviction, in the case of – (a) a public media, to a fine of N2,000,000 in the first instance and N5,000,000 for subsequent conviction; and (b) principal officers and other officers of the media house, to a fine of N1,000,000 or imprisonment for a term of six months.”
“As campaigns start, the media has a huge responsibility. We have all been talking about issue-based campaigns. I believe that the media has a critical role to play in this respect. Equitable access to the media for all political parties and candidates is essential to the promotion of issue-based campaigns.
“By doing so, the media will also steer the discussion and engage the candidates away from the mundane to the critical issues that matter to citizens. Consequently, the public will be in a better position to make informed decisions on Election Day,” he said.
