INEC: Diaspora chapters of Nigerian political parties illegal
BY STEPHEN GBADAMOSI
The Independent National Electoral Commission (INEC) has said there is no provision in the laws for chapters of political parties in the Diaspora.
The commission had issued a statement to this effect on Friday.
The statement, signed by the commission’s Secretary, Rose Oriaran-Anthony, averred that sections of the constitution and the Electoral Act negated such chapters.
However, the leader of UK Nigerians in Diaspora, Chief J. K. Adebola, in a follow up release, said: “My attention has been drawn to an important directive from the Nigerian political party regulator. Therefore, I wish to update you on the significant developments concerning political parties’ Diaspora chapters, All Progressives Congress (APC) UK, and its activities regarding my petition to the party’s NWC, the recent clarification from the Independent National Electoral Commission (INEC), and our respected Nigerian Constitution.
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“As you may recall, my previous press releases and updates highlighted constitutional concerns about our party’s request for funds (payments) from members in the Diaspora to pay for elective position forms in Nigeria. Today, I wish to inform you that INEC has confirmed these concerns as VALID.”
He reiterated that INEC’s statement confirmed that Nigerian political parties would not need chapters in the Diaspora.
“Following an independent inquiry by a Diaspora party member, INEC has officially clarified in writing that it is unlawful for any political party registered in Nigeria to request or accept funds from the Diaspora under any circumstances.
“If done, such monies should be remitted to INEC within 21 days.
“However, the electoral body has also made an unintended clarification. INEC has unequivocally stated, in writing, that political parties registered in Nigeria are NOT permitted to have Diaspora chapters!
“According to INEC, this directive is rooted in sections 221, 222, 223, and 225 of the Nigerian Constitution and sections 82 (1), (2) & (3) of the Electoral Act, 2022, which render such chapters illegal, null and void (please see INEC letters attached dated 14th August and 28th August 2024).
“Additionally, according to Section 85 of the Electoral Act, 2022, any political party that holds or possesses funds outside Nigeria, directly or through its branches, commits an offence in contravention of Section 225(3)(a) of the Constitution. Upon conviction, the party will forfeit the funds and face a fine of 5 million naira.
“However, by their nature and to be recognised as bonafide party members as stipulated by the party constitution, Diaspora chapters collect membership fees through bank accounts under the banner of the party’s name in foreign countries (outside Nigeria). The collection, possession, and retention of these funds in foreign bank accounts have been declared illegal and contravene the provisions of the Constitution of the Federal Republic of Nigeria.
“While our initial caution focused solely on the issue of Diaspora members paying in Nigeria for elective position forms, INEC’s clarification has broadened the scope to include the very existence of Diaspora chapters as unconstitutional. INEC was unaware of these Diaspora chapters until the request for clarification by the independent Diaspora member on Diaspora payments for elective forms.
“Although the APC’s constitution currently recognises these chapters, it is crucial to note that any provision or law contradicting the Nigerian Constitution is considered invalid.
“Therefore, the party’s recognition of Diaspora chapters is void and requires immediate amendment to align with the Constitution of the Federal Republic of Nigeria.
“I have also consulted with a senior constitutional lawyer for a second opinion. The lawyer concurred with INEC’s position and elaborated on the unconstitutionality of Nigerian political parties establishing diaspora chapters or branches.
“I bring you these recent developments with a heavy heart. However, as patriotic Nigerians, we are duty-bound to respect and adhere to our nation’s Constitution. The Constitution of our great country, Nigeria, is SUPREME.
“Rest assured, our party’s leadership is fully committed to aligning their activities with the Nigerian Constitution. We have informed the APC NWC of these developments and await further instructions on this urgent matter.
“In the meantime, in accordance with the directive from INEC, the electoral body constitutionally empowered to oversee all political activities in Nigeria, we will promptly take the necessary steps to comply. This includes closing all financial transactions and accounts, stopping the usage of the party name in the Diaspora, and renaming all our handles, banners, and platforms to RENEWED HOPE in the coming days.
“We will continue to assemble and identify as progressives and support President Bola Ahmed Tinubu’s administration, our Progressive Party in Nigeria (APC), and our great country without violating the Nigerian constitution. We are dedicated to redoubling our efforts in this mission,” Adebola said.
