LATEST UPDATE: Federal Court Commands Nigeria's Election Authority, INEC, to Reveal Political Parties' Audited Spending Reports

Furthermore, the court has mandated the disclosure of the Audited Financials concerning the income and expenditures linked to the 2023 elections for all officially recognized political parties across Nigeria.

During the judgment in the case FHC//AK/CS/72/2023 - Femi Emmanuel Emodamori versus INEC, the presiding justice, Hon. Justice T.B. Adegoke, issued this directive.

As per the ruling, INEC is required to provide Mr. Femi Emmanuel Emodamori, the person who initiated the lawsuit, with either printed or electronic copies of the verified true copies of both the 2021 and 2022 Audited Financial Statements alongside the distinct Audited Financials for 2023 election-related revenue and expenditures for each of the registered political groups within 14 days from the judgment date.

Justice Adegoke affirmed that this decision aligns with the stipulations of Section 225(1)-(2) and Paragraph 15(d) of Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), together with Section 89 (3), (4), (5), and (8) of the Electoral Act, 2022, and Section 1(3) of the Freedom of Information Act, 2011.

Back in September 2023, SaharaReporters highlighted that the lawyer, Emodamori, had filed a lawsuit against the INEC owing to its failure to adhere to a 14-day notice for unveiling the Audited Annual Financial Statements for 2021 and 2022 as well as the Audited 2023 Election Expenditures of all political parties.

Emodamori elucidated that on August 24, 2023, he had granted the electoral supervisor 14 days to make available the certified true copies of the Audited Annual Financial Reports for 2021 and 2022 along with the Audited 2023 Election Expenditures of all political factions in Nigeria, as mandated by Section 225(1)-(2) and Paragraph 15(d) of Part 1 of the Third Schedule to the 1999 Constitution, Section 89 (3)-(8) of the Electoral Act, 2022, and Section 1(1) of the Freedom of Information Act, 2011 but to no avail.

He detailed that his lawsuit, instituted alongside a team of seven attorneys led by A. Olu Ogidan, requests an Order of Mandamus that compels INEC to fulfill its statutory responsibilities.

“After INEC's failure to respond to my 14-day notice given on the 24th August, 2023 to release and deliver me the certified true copies of the 2021 and 2022 Audited Annual Financial Statements as well as the Audited 2023 Election Expenditures of all political parties in Nigeria, in adherence to Section 225(1)-(2) and Paragraph 15(d) of Part 1 of the Third Schedule to the 1999 Constitution, Section 89 (3)-(8) of the Electoral Act, 2022, and Section 1(1) of the Freedom of Information Act, 2011, I have filed a lawsuit at the Federal High Court against INEC, demanding an Order of Mandamus to force it to perform its statutory duties in this regard,” Emodamori explained.

He mentioned, “The battle against corruption cannot genuinely start until we scrutinize the funding mechanisms for political parties and elections in Nigeria, including the consequent favors, access to the national treasury or 'benefits' awarded or paid to such political 'investors', often at the cost of our collective national interests.

INEC too, loses its credibility when it shies away from investigating and making such parties' financial reports publicly accessible as explicitly required by our laws.”