AS the legality or otherwise of the N10bn fund raiser by the ruling Peoples Democratic Party (PDP) continues to dominate national discourse, the nation’s electoral umpire, Independent National Electoral Commission (INEC) yesterday, said it lacks the constitutional power to sanction the party.

Also, INEC said some of its key officers that, conducted the 2007 gubernatorial elections that returned former Edo Governor, Mr Oserhreimen Osunbor as the winner have been invited to appear before an investigative committee set up to fish out those responsible for the alleged malpractices.

The N10 billion-fund raiser, which saw individuals announcing donations far in excess of the N1million threshold recommend as the maximum, an individual can donate as campaign funding in the Electoral Act, has led to calls on INEC to sanction the PDP.

But the Honourable Federal Commissioner for Information and Publicity, Barrister Philip Umeadi (Jnr) at a parley with journalists in Abuja, noted that, any move to sanction the PDP, even if the fundraiser were in breach of the nation’s laws would amount to INEC going beyond the powers conferred on it by the Electoral Act.

Umeadi explained that, whereas the Electoral Act stipulates the thresh hold of individual donations to political parties, no provision in the section of the Act stipulates appropriate penalties and the agency to carry out enforcement in the event of a breach of the relevant section of the Act.

He however advised Nigerians, aggrieved by the actions of the PDP to go to court, adding that, the Nigerian constitution empowers the citizenry to institute civil class actions in law courts.

According to him, “ with the PDP fund raiser dinner, it is important that I repeat this issue, we have complied with the provisions of law, which requires us, in terms of making rules and regulations, with respect to contributions which an individual can make to a political party.

“If you go to our regulation No 6 or there about, we made it clear that, the highest amount an individual can contribute to a political party is N1million and as far as we are concerned, and it is important to note this, the particular provisions of the law which prescribes all these do not contain any penal provisions in terms of which INEC is required to act” he said.

Umeadi added that, under the present circumstances, “ what it means therefore is that if any individual proceeds to donate N1.1 million, for instance to a political party, the public at large is entitled to go to court to challenge it, but we(INEC) can’t possibly do anything, because we at all times have to work in accordance with what the law tells us to do.

To critics that have accused it of looking the way, the INEC Federal Commissioner assured that, “ if the law had given us power to prosecute, we would gladly do that, but there is no such provision in the law. That is the position of the Commission with respect to that.

He disclosed that, the national Headquarters of INEC, has since raised an investigative committee to fish out some of its officials fingered for the massive rigging that, returned ex-governor Osunbor as winner.
Lamenting the indictment of INEC in the conduct of the elections, Umeadi said, “ we were sorely indicted, there were cases where we found in our ballot papers, NECON, NEC stamp, here we don’t use those stamps.

“We felt that, there must be a problem. We must have a problem internally and we have indeed set up a committee to look at it and then single out the individuals responsible for and they will be adequately taken care of internally” he added.

The INEC Federal Commissioner stressed that, the matter would not be swept under the carpet, saying, “ it is a very serious matter, we are not going to take it lightly.

Umeadi disclosed further that, it is at the stage of verifying the signatures for the recall of two legislators, both members of Adamawa State House of Assembly,from Yola South State Constituency, Honourable Ahmed Mahmoud and a member of the Federal House of Representatives, representing Zaria Federal Constituency, Honourable Jubrin Adamu.

Pressed for details on the out come of investigations into allegations of snatching of ballot box, during the 2007 gubernatorial elections, against Ondo State Deputy Governor , directed enquiries to the Police.

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