Nigeria is experiencing increased political activity nationwide nearly two years before the country’s next presidential election.
This is due to the fact that people and political parties are already campaigning in defiance of the Electoral Act, which clearly states that no sort of campaigning is permitted until 150 days before to the election.
In anticipation of the 2027 election, many Nigerians fear that political leaders have turned their focus away from government and onto campaigning.
Even worse, the Independent National Electoral Commission (INEC), the electoral agency tasked by the constitution with overseeing political parties’ operations in this area, is doing nothing.
This also holds true for the police, who are ignoring impunity despite their constitutional duty to detain and prosecute lawbreakers.
Prof. Mahmood Yakubu, the chairman of INEC, expressed concern last week that political parties had already begun running covert campaigns in defiance of explicit rules limiting them to 150 days prior to the election.
Speaking at the Electoral Institute in Abuja for a one-day stakeholders’ roundtable on the difficulties of early political campaigns, Yakubu drew attention to what he called a “disturbing trend” of political campaigning ahead of schedule, particularly in light of the 2027 general elections, the Federal Capital Territory Area Council elections, and the upcoming off-cycle governorship elections.
He referred to Section 94(1) of the Electoral Act 2022, which expressly forbids campaigns from starting more than 150 days before to election day and mandates that all campaign-related activities conclude 24 hours prior to the start of voting.
But he bemoaned the fact that political players frequently ignored this clause. Even though the electoral commission has not yet released the schedule of election-related activities, political parties, candidates, and their supporters appear to be in a permanent election mindset.
“We have seen media campaigns, outdoor ads, and even rallies promoting various political parties and candidates across the country,” he said.
“These actions and activities undermine the commission’s ability to track campaign finance limits as politicians, prospective candidates, and third-party agents expend large amount of money that cannot be effectively monitored before the official commencement of campaigns,” he said, warning that these premature activities seriously jeopardize the commission’s ability to enforce campaign finance limits.
There have been strong reactions to the growth in the political sphere. Many Nigerians, especially those who have closely followed the country’s political events over the past two years, are concerned about the INEC chairman’s admission that the electoral umpire is powerless to stop the unattractive trend.
Professor Yakubu said that while campaigning within 24 hours of an election is punishable by a maximum fine of N500,000 under Section 94(2) of the Electoral Act 2022, campaigns conducted more than 150 days prior to an election are not subject to any penalties.
He said, “This is where the Commission has to deal with the early campaign.”
Although he acknowledged that early campaigning is not a novel problem, he said that regulatory agencies’ inability to manage it within the confines of the law demanded more careful consideration.
However, some people believe that because the ruling All Progressives Congress, or APC, is heavily involved, INEC and the police are doing nothing to stop the alarming trend.
Many people and organizations, including the major opposition political parties, have expressed worry about the unpleasant trend and warned that the 2027 election may already be deemed compromised unless immediate and strong action is taken to halt the trend.
The ruling APC was accused of being the worst offender by the opposition Peoples Democratic Party (PDP) and the African Democratic Congress (ADC), which called for strong action to stop the practice.
In addition to urging Yakubu’s INEC to fulfill its constitutional obligations by disciplining early election campaigners, the Socio-Economic Rights and Accountability Project (SERAP) has voiced its concerns and threatened to sue INEC for failing to do so.
Yakubu was tasked by the organization to find politicians and political parties that are flagrantly breaking international norms, constitutional law, and statutes that forbid early election campaigns and to ensure their and their sponsors’ conviction.
Additionally, it encouraged him to keep a close eye on political parties that violate this norm and to create explicit rules that would regulate how parties and politicians behave in relation to early election campaigns in Nigeria.
This request was included in the September 13 letter from SERAP, which was signed by Kolawole Oluwadare, the Deputy Director.
“INEC is not helpless when political parties, candidates, and other politicians violate the legally prescribed period for election campaigns,” SERAP stated, rejecting the notion that INEC is powerless. Early election campaigns are unlawful and unconstitutional.
“Sanctioning or penalizing electoral offenses, like as early election campaigns, is part of INEC’s constitutional and legislative mandates.
“Political parties, candidates, and other politicians should not be perceived as receiving approval or legitimacy from INEC for conducting early election campaigns outside of the legally mandated campaign period.”
Due to the protracted electioneering frenzy, SERAP cautioned that early election campaigns have a negative impact on the nation’s economic development. To the detriment of the populace, the body bemoaned the waste of public expenditures on such early campaigns by individuals in positions of authority, especially state governors.
Early election campaigns are in conflict with the language and spirit of the Nigerian Constitution 1999 [as amended], the Electoral Act, and the nation’s international human rights commitments because INEC has not yet released the calendar of events for the elections.
“Several state governors seem to be using fuel subsidy windfall for early election campaigns. Despite a notable rise in revenue after the withdrawal of gasoline subsidies, a number of state governors are egregiously failing to provide their citizens with basic services and engage in social and economic development.
In order to uphold human dignity, equality, and freedom, it would be acceptable, justified, and proportionate to enforce the ban on early election campaigning. According to the statement, INEC is tasked with promoting, safeguarding, and upholding the rule of law as well as defending the public interest.
If the trend is permitted to continue, SERAP is also concerned about the potential for creating a culture of impunity. “Any failure by INEC to fairly enforce the country’s international human rights obligations and the constitutional and statutory prohibitions of early election campaigns would create a culture of impunity by perpetrators and their sponsors,” the statement read.
“INEC is tacitly endorsing the violations of the Nigerian Constitution, the Electoral Act, and the nation’s international human rights commitments by not taking action against or sanctioning political parties, candidates, and other politicians for participating in early election campaigns.
Therefore, we would appreciate it if the suggested actions were carried out within seven days of this letter being received and/or published. In the public interest, SERAP will take all necessary legal measures to force you and INEC to comply with our request if we don’t hear back from you by then.
State governors and other politicians are flying campaign banners around the nation to win votes, rather than putting their constituents’ right to decent government first.
“INEC can use section 83 of the Electoral Act to ask political parties for information or clarification on how they are adhering to the constitutional ban on early election campaigns and to order the parties to immediately stop the practice, which is obviously against both the Electoral Act and the Nigerian Constitution.”
In accordance with section 83(4) of the Nigerian Constitution, INEC need to discipline political parties and candidates who disregard its directive.
Additionally, it should demand from political parties the source or sources of funds used by the parties and candidates for early election campaigns under section 225 of the Nigerian Constitution.
Before the 150 days allowed by the Electoral Act, a number of political parties, candidates, and other politicians are campaigning and urging people to vote. Candidates, political parties, and other politicians cannot circumvent the law.
“The provisions of chapters 2 and 4 of the Nigerian Constitution, which cover fundamental objectives and directive principles of state policy and fundamental rights, are undermined by early election campaigns.”
Former Katsina State lawmaker Yusuf Shehu, in his contribution, denounced the development and criticized the electoral commission for doing nothing while politicians sabotage the nation’s political process.
“The Nigerian Constitution and the Electoral Act drafters never imagined that the political season would be an ongoing exercise,” he remarked. In order to avoid legal repercussions, public officials should adhere to the Constitution’s Code of Conduct for Public Officers.
The constitutional oath of office, which calls for acting in Nigeria’s best interests and prosperity as well as to uphold, defend, and defend the country’s constitution, has been broken by a number of candidates and other elected public officials.
Election campaigns are taking precedence over advancements in the socioeconomic well-being of Nigerians, particularly the underprivileged and marginalized segments of the populace, according to politicians, including a number of state governors.
“Early election campaigns erode transparency, fairness, and impartiality by providing well-resourced or incumbent candidates with an unfair advantage, which distorts public resources, disrupts public services, and impairs citizens’ access to public goods and services.”
“Elected officials would continue to be able to use public resources for political purposes if political parties, candidates, and other politicians were not penalized for participating in early election campaigns. Additionally, it would contravene public service ideals, generate conflicts of interest, and undermine the impartiality of public offices.
In order to serve as a deterrence to others, human rights attorney Femi Falana has also requested that INEC arraign those who are breaking the laws barring early election campaigning in court.
Falana made the request while appearing on Sunday Politics on Channels Television.
“The law cannot cover all situations,” he stated, even if he agreed with the INEC head that the constitution did not specify the proper sanction. The lawmakers believed that the political elite they were dealing with was civilized. No.
Since they are now breaking the law, it is necessary to enforce norms and regulations, which are made possible by the Constitution and the Electoral Act.
By the way, INEC must bring charges against a few of these individuals in court. “Sorry, my Lord, there is no provision for punishment,” they should say when they appear in court.
“You have committed contempt and will be imprisoned if you do not follow the court’s order.”
“Section 95 empowers INEC to draft rules and regulations,” he added, adding that the constitution gives INEC the authority to create rules and regulations to fill in such a gap. INEC is authorized by the Constitution’s Paragraph F, Part 1 to oversee campaigns in accordance with its established guidelines. Therefore, INEC should immediately implement rules and regulations to stop this illegality as it hasn’t done so yet.
Even Prof. Attahiru Jega, the former chairman of INEC, expressed alarm about the growing tendency of early election campaigns in Nigeria, cautioning that if the issue is not handled immediately, it could seriously jeopardize the integrity of the 2027 elections.
Last week in Abuja, Jega gave a keynote speech at a stakeholders’ roundtable that INEC arranged to discuss the difficulties of early campaigns. In his keynote address, he pointed out that campaigns that were run outside of the legally mandated time frame gave some candidates unfair advantages, weakened the rule of law, heightened political tensions, and solidified a climate of impunity among political players.
Even while he emphasized that MPs were the main beneficiaries of early campaigns and were thus unlikely to enact legislation to impose harsher penalties on premature campaigners, he blamed “matured Democrats” for early campaigns and election law infractions.
“In democratic elections, early election campaigns are undesirable anomalies. He said, “They disobey the law, create an unfair playing field, and may even lead to political tension and conflict.”
