Sunday, March 13, 2011

USA Africa Dialogue Series - ELECTION 2011: Political parties Code of Conduct 2011



Political parties Code of Conduct 2011

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Preamble

We the registered political parties of Nigeria.

Cognizant of the roles of political parties in consolidating and deepening our democracy, ensuring an environment conducive for successful elections, political stability, enduring democracy and overall wellbeing of Nigerians;

Realizing the need to be more democratic in the conduct of our activities in ensuring peace, unity, understanding, respect for each other, transparency and credibility of the electoral processes;

Mindful of the experiences of Nigerians with previous elections and the need for all political parties, in and outside of government, to work harmoniously towards the entrenchment and defense of democracy in Nigeria; and

Committed to respecting the legal framework guiding the electoral process in Nigeria, particularly the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Electoral Act 2010 (as amended), do hereby resolve to give to ourselves the following Code of Conduct which shall be binding as follows:

Rule of Law

1. All political parties, their leaders, members and supporters, and candidates, shall adhere to all existing laws, rules and regulations partaking to elections, and the conduct of political parties, especially the elections guidelines established by INEC through the authority of the Electoral Act, 2010 (as amended), as well as provisions of the extant constitution of the Federal Republic of Nigeria, and shall do nothing whatsoever; individually or collectively to undermine, flout, disrespect or circumvent them.

2. Every political party shall provide equal opportunity to qualified persons to participate in electoral activities. In this regard political parties have the right and freedom to put forward their views to the electorate without hindrance; further, all political parties are enjoined at all times to uphold the rights and freedom of the Nigerian people, as guaranteed by law.

3. All political parties shall ensure, and practice internal party democracy. In this context, political parties shall, in the process of election or selection of their officers at various levels, adhere strictly to the provisions of their parties' constitution.

4. No political party shall engage in violent activates or intimidation of any kind, as a way of demarcating its strength or supremacy. Accordingly, all political parties shall publicly condemn any form of political violence or intimidation in its entire ramification.

5. It shall be the sacred and binding duty of political parties to ensure strict compliance with this Code of Conduct and assist the security agencies and electoral officials in apprehending and sanctioning their members who attempt to, or flout the provision of the Code, the Electoral Act and or INEC electoral guidelines. Political Parties shall co-operate with other stakeholders in developing further compliance and monitoring mechanisms to ensure the full effect of this code.

6. Every political party shall ensure the promotion of active participation of women and youth in the electoral processes. In this respect, and more specifically, every party and every candidate shall:-

(a) Respect the rights of women, youth and physically challenged to communicate freely with parties and candidates;

(b) Facilitate the full and equal participation of women, youth and physically challenged in political activities;

(c) Ensure the free access of women, youths and physically challenged to all public political meetings, marches, demonstrations, rallies and other public political events; and

(d) Take all reasonable steps to ensure that women, youth and physically challenged are free to engage in any political activities.

7. Every party and every candidate shall (through the Inter-Party Advisory Council (IPAC) or otherwise.

(a) Recognise the authority of the Commission (INEC) in the conduct of an election;

(b) Work together with the Commission to promote transparency, impartiality and confidence in the electoral process;

(c)    Give effect to any lawful direction, instruction or order of the Commission, or a member, employee or officer of the Commission;

(d) Establish and maintain effective lines of communication with

(i) The Commission; and

(ii) Other registered parties contesting the election;

(e) Facilitate the access of members, employees and officers of the Commission, and he chief electoral officer, to public meetings, marches, demonstrations, rallies and other public political events of that party or candidate

(f) Co-operate in any investigation by the Commission

(g) Take all reasonable steps to ensure-

(i) The safety of members, employees and officers of the Commission, and the chief electoral officer, in the exercise of any power or the performance of any duty assigned by or under this Electoral Act;

(ii)    That persons referred to in subparagraph (i) are not subjected to insult, hazard or threat by any representatives or supporters of that party or candidate; and (iii) that representatives of that party or candidate attend meetings of any party liaison committee or other forum convened by the Commission

8. No political party shall keep, use or employ a private security organization or any other group to provide security or assist in that regard during meetings, campaigns, rallies, processions or election, except as permitted by Law.

Campaign issues

All political parties, their candidates, officials and agents shall work towards ensuring an environment conducive for successful, free and fair election campaign through the following:

1. All political parties shall assist INEC in ensuring that all their members and Nigerians of voting age are encouraged to fully participate in the voter registration exercise.

2. Political parties and candidates shall ensure agents and officials are sufficiently trained for voter registration and other election related activities.

3. Political parties shall ensure that the processes of nomination and/or selected candidates for any elections are in line with the provisions of the constitution of the Federal Republic of Nigeria, 1999 (as amended), the Electoral Act 2010 (as amended) and the Party's Constitution and shall be transparent, democratic, and non-violent.

4. Political parties must ensure that submission and/or substitution of nominated/selected candidates are done democratically and within stipulated INEC time frame, to ensure the certainty of candidates for the elections.

5. No political party or candidate shall during campaign resort to the use of inflammatory language, provocative action, images, or manifestation that incite violence, hatred, contempt or intimidation against another party or candidate or any person or group of persons on grounds of ethnicity, gender or for any other reasons. Accordingly, no political party or candidate shall make any broadcast or issue any press statement, handbills, pamphlets, leaflets or other publication that contain any such incitement.

6. All parties shall file with the Commission details of their public rallies and Meetings in any particular area prior to such meeting.

7. All political parties shall take all necessary steps to coordinate their campaign activities in such a way as to avoid holding rallies, meetings, marches or demonstrations close to one another at the same time. Accordingly, whenever the date, venue or timing of any such activities of different political parties clashes, their representatives will meet, in the presence of law enforcement agencies, to resolve the issue amicably, without resort to intimidation, force or violence.

8. No political parties shall sponsor or allow the wearing of uniforms and emblems depicting militant activities or allow the carrying of offensive weapons during rallies and marches, and at polling and registration centres or at any political event.

9. All political parties shall separate party business from government business. As such, political parties shall not utilize public resources for party activities and shall not permit any of its sponsored candidates holding public office to use public resources for the purpose of political campaigning in elections.

10. All political parties shall have equal/equitable access to public-owned print and electronic media, as guaranteed by law.

11. Political parties, their agents or candidates shall not protect, or exercise undue influence for the release of persons arrested for carrying offensive weapons or infringe on any electoral law, rules or regulations, INEC's electoral guidelines, or the provision of this code of conduct.

12. All political parties shall consistently reinforce and emphasize to their supports and to all voters that the ballot will be secret and that no person will know how any individual has voted.

13. No political Party or candidate shall prevent other Parties or candidates from pasting their posters or distributing their leaflets, handbills and other publicity materials in public places. Furthermore, all Parties and candidates shall give directives to their members and supporters not to remove or destroy the posters and other campaign materials of other Parties or candidates. All Parties, their members and supporters shall ensure that all their party posters, leaflets and other election campaign materials are removed from public places as soon as practicable when the campaign period ends.

14. All Parties shall discourage their members in government from using their power of incumbency to the disadvantage of other parties or candidates during campaign.

Election day issues

1. Political parties, their candidates and agents shall respect the law restricting access of unauthorized persons to polling stations, collation centers, and discourage undue interference with the voting process.

2. Every party shall instruct its members and supporters that no weapon or any object that can be used to cause injury shall be brought to the polling station, and that no party attire; colours, symbols, emblems or other insignia shall be worn to a polling station on Election Day.

3. Political parties shall recognize and acknowledge the rights of accredited observers and monitors at polling stations for the purpose of observing the conduct of elections and shall grant full lawful access to party activities to such observers.

4. All political parties and their candidates shall ensure that their Polling Agents and officials are sufficiently trained to monitor the voting exercise to ensure free and fair elections.

5. Political parties, their candidates and members shall cooperate fully with law enforcement agents to ensure the safety and security of election materials, election officials, party agents, and the electorates on Election Day.

6. Political parties and their agents shall not engage in any of the following corrupt practices:

a) Forcible occupation or invasion of a polling station, collation centre or INEC office.

b) Destroy any electoral materials or INEC property;

c) Encouraging its supporter(s) to cast more than one vote

d) Encouraging any supporter(s) to vote in the name of another person, living, dead or fictitious.

e) Buying votes or offering any bribe, gift, reward, gratification or any other monetary or material consideration of allurement to voters and electoral officials.

f) Canvassing for votes within the vicinity of a polling station on polling day

g) Any other form of cheating or any act considered to be a malpractice under the electoral laws and regulations.

h) Political parties, candidates and their agents shall not obstruct, harass or intimidate journalists in the course of their duties.

8. All political parties, candidates, party members and supporters shall accept the official election results as certified by INEC as free and fair, or challenge the results in Court.

Post election issues

1. No political parties shall intimate, harass or cajole polling agent of a political party to sign election result; if in his/her judgment the election in the polling station was not free and fair.

2. No political party, candidate or agent shall procure election results fraudulently or manipulate collation sheets, ballot boxes or cause to be published or displayed by the electronic and print media such unofficial or fraudulent results, except those published or announced by INEC.

3. Political parties and their candidates shall endeavour to send congratulatory messages to their opponents who are announced as duly elected.

4. All political parties and their candidates shall refrain from the use of violent or extra judicial means in expressing their non-acceptance of election results. In this regard, political parties and their candidates shall ensure strict adherence to provisions of the law in seeking redress against perceived electoral irregularities.

Party finance

1. All political parties shall at all times maintain a record of their sources and application of funds for all of their activities, including elections and campaigns.

2. All political parties shall endeavour to submit their audited account and reports to INEC as required.

3. Every political party and their candidates shall strive at all times to adhere strictly to election and campaign expenses limit as contained in the relevant provisions of the law.

4. No political party shall unlawfully, acquire property or assets for itself or members or any other person outside approved sources, or allow unlawful contributions to its funds by organizations within and outside Nigeria.

Implementation, monitoring and enforcement

There shall be a standing Inter-Party Advisory Committee (IPAC) whose duties shall include the consideration of any breach of the provisions of this code and political parties shall to all intent and purposes subscribe to its adjudication on disputes.

Inter-party advisory committee (IPAC)

a) Establishment of Ipac

i   The instrument of authority establishing the IPAC is the Political Parties Code of Conduct,  2011

b) Membership

i  IPAC will be constituted by one representative per political party who shall be either a member of their party's National Working Committees (NWC) or Board of Trustees (BOT), and;

ii  A representative of INEC

c) Structure

a) IPAC general body

i.  Shall comprise one representative per political party (see membership)

ii.  IPAC shall elect, under the supervision of INEC, a Chairman and a Secretary for a one year term based on merit and commitment.

iii.  The Inter-Party Advisory Council (IPAC) will be reorganized/re-establishment immediately at the national level, while those of the states and the local governments are expected to evolve fully with time.

b) Technical Working Committee

i. 25% of IPAC members shall constitute a Technical Working Committee based on merit and commitment for a period of one year.

ii. The technical committee shall handle issues, responsibilities and functions as directed by the IPAC general body and make appropriate recommendation to same.

c) Secretariat

i. There will be a secretariat of IPAC at all levels

d) Meeting

i. A quorum for meeting shall be formed by fifty percent membership of IPAC

ii. They shall meet quarterly and at any other time as may be necessary.

e) Functions

IPAC shall perform the under listed functions:

i. Observe and monitor the implementation of the code of conduct, 2011.

ii. Identify, investigate and sanction violation of the code of conduct by any political party.

iii. Receive complaints and investigate the veracity of the claims and impose appropriate sanctions.

iv. Resolve dispute between two or more political parties arising from misunderstanding and/or breach of the Code of Conduct.

v. Recommend Remedies to INEC on actions taken on (iv) above.

vi. Develop and recommend proposals to the Commission that will enhance capacity of Political Parties.

f) Funding:

i. Political parties shall contribute funds (based on criteria/formula to be determined by IPAC) for running the activities of IPAC.

ii. Subvention that INEC may from time to time give to IPAC.

iii. IPAC shall device strategies to generate additional revenues to fund its program of activities.

2. Every political party in collaboration with INEC and other relevant agencies shall ensure that this code is well publicized to its members and supporters, and that it is fully observed. In addition, the political parties shall further publicise this code, and sensitize the general public, by all lawful means available to them.

3. Political parties, having freely subscribed to this code shall:

a) be bound by this code;

b) take decisive steps to prohibit leaders, officials, candidates and members from infringing upon this code;

c) take all reasonable steps to discourage any type of conduct by their supporters which would, if undertaken by a party official, candidate or member, be in breach of this Code; and

d) not abuse the right to complain about the violation(s) of this code, nor make false, frivolous or vexatious complaints.

4. Any political party adversely affected by a breach of any of the provisions of this code shall report the breach to the offending party and seek an amicable resolution of the dispute.

5. Any dispute which cannot be resolved between parties shall be reported to the IPAC which shall give it a fair and expeditious hearing. The IPAC shall be empowered to recommend to INEC appropriate sanctions on the erring political party candidate or agent. However, this is without prejudice to the right of parties and their candidates, or agents to pursue other legal actions.

Declaration

This document comes into effect and is binding on all registered Political Parties upon its acceptance by at least 50% of the registered Political Parties in Nigeria.

Dated 8th March, 2011 and signed thus;


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