2015 Election: Does TAN Breach Electoral Law?

TRANSFORMATION Ambassadors of Nigeria (TAN),
the advocacy group campaigning for the re-
election of President Goodluck Jonathan may have
thrown up a new challenge to the framers of
Nigerian electoral law.
Electoral Act 2010 (as amended) forbids any
political party or candidates to begin campaign
until 90 days to the election.
Part V. 99(1) of the act states that, "…the period of
campaigning in public by every political party shall
commence 90 days before polling day and end 24
hours prior to that day."
The 90 days countdown to the election shall be
announced by Nigeria Independent National
Electoral Commission (Inec) in each state of the
federation and the Federal Capital Territory, the
acts stated.
Though Inec is yet to make this announcement,
Tan has gone to town holding rallies with aim to
promote President Jonathan candidature in the
2015 election, therefore raising competitive
advantage of the president above other candidates.
The rallies, which were scheduled to hold in six
geo-political zones to urge Jonathan to contest for
second term as well as enlighten Nigerians on the
achievements of his administration, may not have
been any less promotional than a full blown
political campaign.
So far the rallies have been held in Ibadan, Oyo
state; Awka, Anambra State; Port Harcourt, River
States, Minna, Niger State and Gombe, Gombe
state where some of the President's ministers were
in attendance.
The presidency though has denied having any
connection with TAN campaign, the appearance of
President Jonathan's cabinet members at the
rallies may have cast doubt on the this disclaimer.
The ministers at the rallies, according to media
report, include Minister of State for the Federal
Capital Territory Olajumoke Akinjide, Chief of Staff
to the President Jones Arogbofa, Minister of Police
Affairs Jelili Adesiyan, and the Minister of Power
Prof. Chinedu Nebo, among others.
But does the action of TAN strictly contradict the
prescription of the electoral act?
TAN National Chairman, Mr Adamu Musa, in a paid
advertorial published in the Guardian on Monday
22 September has dismissed the criticism,
describing it as a "misleading and mischivious
enterprise".
He declared: "TAN has done no wrong".
He said the organization is "acting within
democratic principles and tradition and do have the
right to engage in the marketing of their preferred
candidates so long as their activities do not
constitute disorder in any guise or collaboration".
Speaking on the issue, Mr. Kayode Idowu, Chief
Press Secretary to Inec chairman, Professor
Attahiru Jega told The Guardian on telephone that
all political parties including PDP have violated the
spirit of the electoral law, which forbids any form of
political campaign 90 days before election. He
however pointed out that limitation in the letter of
the law makes its abuse possible.
The Act particularly mentioned 'political parties'
and party 'candidates', but exclude interest
groups with political bias such as TAN. By the
way, Pro-Jonathan group has carefully elided the
'C' word from their utterance. This is not a
campaign, but a public "enlightenment/
sensitisation," the group insisted.
Idowu said narrow conception of the law therefore
makes it problematic to designate Tan as a
political party, and condemn its action.
Tan describes itself as a non-partisan
organisation "fostering the continuation of
transformation by President Goodluck Ebele
Jonathan."
Explaining further, Mr. Idowu said the Act speaks
about 'campaign', but Tan's approach may not be
strictly described as campaign,. "Instead of
soliciting votes for President Jonathan, the group
is rather requesting the president to run for
another term."
Nevertheless, Idowu agreed that Tan activities
amount to political campaigning, and in effect,
compromise the integrity of electoral process, "but
that is not the fault of the Inec; it is rather the fault
of the lawmakers. Inec can only implement the law
as enacted." He said the electoral body is however
reviewing the guidelines with a view to removing
the loopholes in the electoral guidelines.
Whichever way the event turns out, a question
stands out. What consequence can the activity of
Tan impose on the polity? Can the early
endorsement of President Jonathan by Tan enable
or undermine Nigerian democratic project?
The Head of Political Science Department,
University of Lagos, Professor Solomon Akinboye
said Tan activity is not likely to subvert democratic
process in the country for as long as the group
conducts its affair in orderly manner.
Tan, being a mere association, can neither be
stopped from meeting nor prevented from
endorsing a candidate for election, he said. "I think
any legitimate association should be free to say,
'this candidate is good; vote for him or her.' Other
association with similar interest can also come out
like Tan to do the same thing."
Mr. Olumide Kehinde, a lawyer and editor of
Nigerian Weekly Law Report disagreed. According
to him, the rallies bear "negative" effect on
governance as well as on Nigerian democracy. He
said government officials and security agencies
whose expenses were catered for by the public
fund attended most of the rallies. And spending
expended on the rallies amount to waste of public
fund.
He however submitted that it would be difficult if
not impossible to establish a case against Tan.
"Legally speaking, no case can be established
against Tan, the activities can only be condemned
from the moral point view."
Nevertheless, the Hope Democratic Party (HDP)
has gone to challenge the legality of TAN rallies.
The party is asking the court for an order of
perpetual injunction restraining the defendants
from further canvassing, campaigning, promoting
and publicizing/advertising in any form by Tan.
It is also seeking an order restraining Tan from
canvassing for votes and holding political rallies
for candidates and encouraging the unwholesome
violation of the provision of the Constitution
relating to Section 221 and undue wastage of
public funds for development and engendering
insecurity, sycophancy, lawlessness, militancy and
youths unrests in Nigeria. By the time court
pronounces on this case, TAN may not only have
rounded off its rallies, the 2015 election may have
come and gone. "The damage has already been
done," said Mr. Kehinde.

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