The upcoming local government elections in Cross River State now face heightened scrutiny as political observers and activists push for a more inclusive and transparent electoral process.
By TheInvestigator
Chief Okoi Obono-Obla, a legal expert and democracy advocate, has condemned the recent fees imposed by the Cross River State Independent Electoral Commission (CROSIEC) on candidates seeking to contest local government elections. CROSIEC’s amended law, pegging the nomination fee for chairmanship candidates at N5 million and councillorship candidates at N1 million, has been described as unconstitutional and a violation of democratic principles.
Obono-Obla in his post on Facebook noted that under the CROSIEC Law of 2002 (as amended), also known as Law No. 8 of 2024, the exorbitant fees are seen as a direct infringement on citizens’ fundamental rights to participate in governance. According to critics, such high fees effectively limit the pool of candidates to only those with significant financial means, thereby monetizing the democratic process.
“Democracy thrives on the participation of all, not just the wealthy. Imposing financial barriers such as these fees undermines the very foundation of participatory governance,” argued the human rights lawyer Obono-Obla. He cited Section 40 of the Nigerian Constitution, which guarantees freedom of assembly and association, including political participation, and Article 13(1) of the African Charter on Human and Peoples’ Rights, which further enshrines the right to participate in governance without undue restrictions.
Obono-Obla also pointed to several legal precedents, including the U.S. case of Bullock vs. Carter (1972), where excessive candidate fees were struck down as unconstitutional under the Equal Protection Clause of the 14th Amendment. Similar rulings have occurred in Canada, where candidate deposits were declared unconstitutional, and in Nigeria itself, with courts overturning nomination fees in cases from Ekiti, Osun, and Edo states.
In the National Conscience Party vs Ekiti State Independent Electoral Commission case, the Ekiti State High Court nullified the collection of nomination fees, ruling that such fees amounted to unconstitutional hurdles that disenfranchise qualified candidates.
Obono-Obla is now calling on the Cross River State House of Assembly to urgently amend the CROSIEC law to eliminate these financial barriers, arguing that they contravene both domestic and international legal standards.
“The imposition of N5 million and N1 million fees violates not just our constitution, but also international human rights standards. The Assembly must act swiftly to rectify this and uphold the integrity of our democracy,” he concluded.
The upcoming local government elections in Cross River State now face heightened scrutiny as political observers and activists push for a more inclusive and transparent electoral process.