Daud Olatunji
Ahead of the upcoming local government elections in Ogun State, scheduled for November 19, 2024, the Chairman of the State Independent Electoral Commission (OGSIEC), Babatunde Osibodu, is facing potential legal repercussions over the controversial imposition of administrative fees totaling N727,200,000.
The fees, which include N250,000 for chairmanship candidates and N150,000 for councillorship candidates, have sparked significant protests and raised questions about their legality.
PLATFORM TIMES reports that Osibodu’s decision could lead to contempt of court charges, as it directly contradicts a judicial ruling from 2004 that prohibits such levies by the commission.
The crux of the matter lies in the administrative fees introduced by Osibodu, which mandate that chairmanship candidates pay N250,000, while councillorship candidates are required to pay N150,000.
PLATFORM TIMES gathered that these fees were initially presented as nomination fees but were later rebranded as “administrative fees” after backlash from political stakeholders.
The fees were announced during a stakeholders’ meeting, where Osibodu, represented by Olatunji Akoni, explained that the charges were subsidised for women to promote gender inclusivity.
However, this did little to quell the growing unrest.
According to Osibodu, these fees were meant to support the commission’s operations during the upcoming elections, but critics argue that this is merely a thinly veiled attempt at revenue generation.
PLATFORM TIMES investigations revealed that the commission was targeting a windfall of N727,200,000 from the fees, based on the calculation that all 18 political parties would field candidates for the 20 chairmanship positions and the 236 councillorship seats across the state.
The sum for chairmanship candidates alone would amount to N90 million, while the councillorship candidates would generate an additional N637.2 million, bringing the total expected revenue to over N700 million.
The legal basis for challenging these fees stems from a 2004 court ruling, a copy of which PLATFORM TIMES obtained.
The case was filed in 2004 by four political parties — National Conscience Party (NCP), All Nigeria People’s Party (ANPP), United Nigeria People’s Party (UNPP), and Alliance for Democracy (AD) — against the Ogun State Independent Electoral Commission (OGSIEC) and the Attorney General of Ogun State.
The plaintiffs argued that imposing any form of fees for candidates to run for office was unconstitutional and should be prohibited.
The court ruled in favour of the plaintiffs, restraining OGSIEC from imposing any fees on candidates as part of the eligibility requirements for contesting elections.
The court specifically referenced Sections 7(4), 106, and 107 of the Nigerian Constitution, which outline the eligibility and qualification criteria for local government elections.
The judgment also declared that the Ogun State House of Assembly was incompetent to enact any laws that would impose such fees on candidates.
Part of the judgment read, “I hold that the Ogun State House of Assembly is incompetent to enact sections 14, 15, and 57 of the Electoral Law 2001 relating to the eligibility, qualifications, and disqualifications of persons contesting the local government councils elections in Ogun State.”
It further stated, “I hold that the first defendant, either by itself or its chairman, cannot enlarge, curtail, or amend the provisions of Sections 7(4), 106, and 107 of the Constitution of the Federal Republic of Nigeria 1999 for the eligibility, qualification, and qualifications of persons contesting the local government council elections in Ogun State.”
The judgment explicitly prohibits any financial barriers that could impede candidates from contesting in local government elections, a ruling that Osibodu’s current actions blatantly disregard.
…. In the wake of the controversy, several legal experts have weighed in on the situation, with many asserting that Osibodu’s actions could lead to serious legal repercussions, including contempt of court.
One of the lawyers who spoke with PLATFORM TIMES on condition of anonymity, stated, “Any kobo they demand from candidates is an impediment to their constitutional right to contest.
“Whether they call it administrative charges or not, it’s an indirect way of making candidates pay to run for office, which is unconstitutional.”
The lawyer further explained that OGSIEC, like other electoral bodies, is not a revenue-generating agency and that its financial needs should be met through government allocations, not through charges imposed on candidates.
“SIEC is not a revenue generation agency. Their responsibility is statutory, populated by law, which they must carry out. So all their finances are supposed to be in the consolidated revenue.
“For example, INEC funds its consolidated revenue. They don’t go and beg for money; the funds are allocated directly to them through the federal government.”
Other lawyers also noted that OGSIEC’s attempt to collect administrative charges was an indirect violation of the court’s ruling.
“The administrative charges he was talking about are an indirect way of making candidates pay. They’re not correct, and that judgment clearly states that there should not be any impediments that prevent anybody from contesting,” the lawyer said.
The legal expert concluded by asserting that Osibodu’s actions could constitute contempt of court: “If they go ahead with this, it’s an indirect way of slapping the court.
“The judgment was not appealed, and their right to appeal has been extinguished by time. The case was instituted in 2001, and the judgment was given in 2004, so their right of appeal is already extinguished.”
… Political Fallout: Widespread Protests and Opposition
The announcement of the fees has sparked widespread protests among political parties and civil society organizations in Ogun State.
Many argue that the imposition of such fees, even under the guise of administrative costs, is a deliberate attempt to exclude smaller parties and less financially capable candidates from participating in the elections.
A representative of one of the affected political parties, who preferred to remain anonymous, expressed outrage at the commission’s decision.
“This is a clear attempt to stifle the opposition and ensure that only those who can afford these exorbitant fees can run for office.
“ It is a violation of our constitutional rights, and we will not stand for it,” the representative said.
… OGSIEC’s Justification: A Matter of Election Integrity?
For his part, Osibodu has defended the fees, insisting that they are necessary to cover the administrative costs associated with organizing the local government elections.
He argued that the commission faces significant financial challenges and that the fees were a way to ensure that the elections could be conducted efficiently.
Speaking at the stakeholders’ meeting, Osibodu said, “We understand the concerns raised by some political parties, but the reality is that organizing elections is an expensive process.
“The fees we are imposing are not meant to exclude anyone but to ensure that we have the resources necessary to conduct free, fair, and credible elections.”
Despite this defense, the opposition remains unmoved, with many parties threatening to boycott the elections if the fees are not rescinded.
The question now is whether OGSIEC will back down in the face of mounting pressure or risk a protracted legal battle that could see its chairman face contempt of court charges.
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