[307] This prohibition is clearly what Article 81(e)(ii) refers to as
“improper influence.” In our view, the rationale behind this prohibition, in
the context of this case is that whatever achievements the current
government may have made, resulting from expenditure of public funds,
should not be taken advantage of by the government as a campaign tool.
[308] Further, Section 14(1) and (2) of the Election Offences Act provides:
(1) Except as authorized under this Act or any
other written law, a candidate, referendum
committee or other person shall not use public
resources for the purpose of campaigning
during an election or a referendum.
(2) No
government
shall
publish
any
advertisements of achievements of respective
government
either
in
the
print
media,
electronic media, or by way of banners or
hoardings in public places during the election
period.
[309] In response to the allegations of ‘improper influence’ and misuse of
public resources, the 3rd respondent submitted that the petitioners had not
adduced evidence showing the particulars of such sponsorship and that in
any case, it is the mandate of the Presidential Delivery Unit to enhance the
accountability of a government to its citizens by availing any information
relating to ongoing projects.
[310] We note in the above regard that the 1st petitioner has not attached
any material evidence to support his proposition. That being the case, we
Presidential
Petition
No.
1
of
2017
130
|
P a g e
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