The concept of abuse of official position refers to the use of office and related powers and privileges to advance the electoral interests of a particular candidate or party (typically, the office-holder or his/her party), or to disadvantage opposing parties or candidates.

In this regard, Section 95 (1) (2) & (3) of Electoral Act, 2022 and Paragraph 8 of the Political Parties Code of Conduct is to the effect that “All political parties shall separate party business from government business.”  As such, political parties shall not utilize public resources for any 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.

Since the start of election campaigns for this February 2023 General Elections, it appears sections of the law are more obeyed in the breach.

USE OF GOVERNMENT VEHICLES AND AIRCRAFTS

The use of government vehicles and aircrafts by the incumbent All Progressive Congress (APC) candidate during campaigns has been very visible.

On the October 24, 2022, the Punch Newspaper reported that Senator Remi Tinubu, the wife of the presidential candidate of the All Progressives Congress, Bola Tinubu and Nana Shettima, wife of Tinubu’s running mate, Kashim Shetttima, on Monday, arrived in Makurdi, Benue State, aboard a Nigerian Airforce aircraft to commiserate with flood victims in the state.

On December 13, 2022, Channels Television reported that at least 100 members of the Peoples Democratic Party (PDP) were stranded at the Yakubu Gowon Stadium in Jos, the Plateau State capital moments after concluding the party’s presidential campaign rally in the state on Tuesday.

Among those stranded was the National Organising Secretary of the PDP, Umar Bature. Also stranded were security personnel working directly with the PDP presidential candidate, Atiku Abubakar, as well as journalists.

Atiku and the PDP Presidential Campaign Council (PCC) were said to have been transported to the airport shortly after the rally. About 30 minutes later, the PDP candidate and some top members of the party reportedly boarded and departed from the state.

However, shortly after, the airport tower signal went off. It was gathered that an aircraft that was about to land could not land and was forced to turn back.

An airport worker explained that the staff received instructions to shut down the facility at exactly 5:30 pm, claiming that there was no request for an extension of time by the PDP. Some PDP members alleged that this could have been politically motivated with a member of the PDP, Justice Abraham accusing the All Progressives Congress (APC) of ordering the shutdown of the airport.

But three hours later, the tower signal came back. Two aircraft arrived at the airport to move the stranded passengers to Abuja.

Also, on September 17, 2022, the police in Ebonyi State dispersed hundreds of supporters of Labour Party presidential candidate Peter Obi who gathered for a rally. The police accused the party supporters of not paying the required fees and attacking police officers.

In a statement sent to journalists, the Ebonyi police spokesperson, Chris Anyanwu, said the police acted based “on the rules of engagement.” Mr Anyanwu said that the police acted based on the request of the Ebonyi government over the non-payment of approved fees.

CAR GIFTS          

On November 7, 2022, the Thisday Newspaper reported that the Member Representing Tongo, Ganye, Jada, and Mayobellwa of Adamawa State Federal Constituency at the House of Representatives in Abuja, Hon. Abdulrazak Namdas, donated campaign vehicles and commissioned a campaign office for the commencement of the Tinubu/Shettima Presidential Campaign across his constituency on the platform of the All Progressive Congress (APC). Namdas, is the secretary of the Logistics and Support Committee of the Presidential Campaign Council and also the Chairman of the House Committee on Army.

DEPLOYMENT OF STATE FISCAL POLICY AND RESOURCES

On Sunday, December 18, 2022 the Daily Trust Newspaper published an extensive report of how the Lagos State government uses traffic to disrupt opposition campaigns.  The report notes that ahead of the February 2023 elections, there are allegations of abuse of state apparatus by the Lagos state government to intimidate the opposition.

The Chairman of the Independent National Electoral Commission (INEC), Prof Mahmood Yakubu, recently disclosed that the commission had tracked 52 incidents since the ban was lifted on campaigns across the country and one of the incidents, he explained, was the intolerance of the ruling party which tended to deny the opposition access to the use of state facilities for their rallies and campaigns.

This is the situation in most states where the party in control tries everything possible to muzzle the opposition and assert its dominance.

Since the electioneering started in Lagos, many residents have had to endure one form of traffic diversion or the other which has impaired movement across the state.

However, the diversions are said to be made to the advantage of the ruling All Progressives Congress (APC) during their rallies while the opposition parties are left to manage traffic during their events.

The state government has been diverting traffic for APC rallies in the state since the electioneering started. Roads were closed during the mega rally of the APC presidential candidate, Asiwaju Bola Ahmed Tinubu, on Saturday, November 26, as well as during the campaign flag off of Governor Babajide Sanwo-Olu for a second term on Saturday, December 3.

Also, a travel advisory was issued for the campaign walk tagged “Ring Out the Vote” by the Lagos APC presidential and gubernatorial campaign team held on Wednesday, November 30.

Traffic was also diverted when the Chairman of the Lagos State Parks and Garages Management Committee, Musiliu Akinsanya, popularly known as MC Oluomo, led a “five million” rally for Tinubu on October 9. Some sections of the busy Ikorodu-Ososun Road, Funsho Williams Avenue, among others, were closed for traffic.

However, while a traffic advisory was issued for each APC campaign rally, the same privilege was not extended to the opposition.

Senator Dino Melaye who was in the team of the Peoples Democratic Party (PDP) presidential candidate, Alhaji Atiku Abubakar, who was in Lagos to campaign during the week, alleged that roads were blocked to prevent people from coming to the rally. Daily Trust reported that Atiku and members of his team had a hectic time accessing the TBS as their convoy maneuvered in the gridlock around the Lagos Island/TBS axis.

USE PUBLIC SERVANTS IN ELECTORAL CAMPAIGNS

In August 2022, the Nigerian Minister of State for Labour and Employment, Festus Keyamo was appointed as the official spokesperson of the APC presidential campaign organisation. This manifestly in violation of the Code of Conduct for Political Parties 2013 in S.3 (17) states that: All parties shall discourage their members in government from using their power of incumbency to the disadvantage of other parties or their candidates during elections.

Also, Abike Dabiri-Erewa the Chairman/CEO Nigerians in Diaspora Commission (NIDCOM), was appointed as the Chairman of the Diaspora Mobilisation Committee of the APC’s Tinubu/Shettima women’s campaign team for the 2023 general election. She has since been seen vigorously employing state resources to the advancement of her party’s re-election to the disadvantage of other parties.

OTHER FISCAL RELATED ISSUES

December 27, 2022, the Federal Government through the Minister of Labour and Employment, Chris Ngige announced that it will review the salaries of civil servants upwards to cushion the effect of inflation.  The Minister said the Presidential Committee on Salaries is doing a review of the existing salary structures and is expected to come up with salary adjustment early in 2023.

Also, the 2023 presidential candidate of the Labour Party (LP), Peter Obi on December 22, 2022, campaigned at the Liberation Stadium in Port Harcourt, the Rivers State capital with government armoured vehicles and security personnel. It was gathered that the Rivers State Governor, Nyesom Wike, had pledged to furnish Peter Obi, with “all logistics supports” needed for his campaign in Rivers State. Wike made the promise amidst Executive Orders he signed which has made access to campaign venues difficult for politicians within and outside the state, according to a report by Vanguard newspaper.

Wike had banned the use of premises, buildings and sundry structures in residential areas as campaign offices by political parties in the state, without government approval, with effect from November 11, 2022. In an Executive Order 22 he signed in Port Harcourt, the governor said the new condition for political campaigns, which also prohibits posting of bills, posters or related materials in unauthorised places, is intended to back enforcement of Rivers State Outdoor Signage and Advertisement Law.

On January 7, 2023 The Nation Newspaper reported that the Adamawa State Government turned down a request by President Muhammadu Buhari for the use of the state owned Ribadu Square in Yola,the state capital for the All Progressives Congress (APC)  presidential campaign on Monday January 9, 2023 .

Governor Ahmadu Fintiri who is of the Peoples Democratic Party (PDP) said the square is currently undergoing renovation. Buhari’s Chief of Staff, Professor Ibrahim Gambari, had earlier notified the state government of the planned visit of the President on that day to participate in the APC rally at Ribadu Square.

But in a reply to the Presidency letter, the Secretary to the State Government, Alhaji Bashiru Ahmad, said the facility which is owned by the state would be unavailable on Monday. He cited renovation of the centre as the reason for its unavailability.

On January 17, 2023, Punch Newspapers reported that the request by the Peoples Democratic Party to make use of the MKO Abiola International Stadium for the rally of its presidential candidate, Atiku Abubakar, was turned down by the Ogun State Ministry of Youth and Sports.

The PDP had made the request in a letter to the state Commissioner for Youth and Sports on January 3, 2023, ahead of the rally slated for January 19.

In the letter signed by the state secretary, Sunday Solarin, the PDP recalled how an earlier request for the use of the stadium was not obliged by the state government.

In response to the party’s latest request, the Ministry of Youths and Sports, in a letter dated January 10, 2023, said the stadium could not be available for use.

According to the Director, Administration and Supplies For Permanent Secretary, I.A Kuforiji, the stadium was undergoing a major renovation.

The letter comes amid a report by Punch that the same stadium hosted a football match in the Iseya Cup Competition on Sunday, January 15, 2023