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With nearly two years remaining until Nigeria’s next presidential election, political activities are already intensifying nationwide.

Despite clear restrictions outlined in the Electoral Act, several political parties and individuals have begun early campaigning a direct violation of the law, which prohibits electioneering until 150 days before the scheduled vote.

This premature political push has raised concerns among citizens who feel that public officials have shifted focus away from governance, devoting more attention to politicking ahead of the 2027 general elections.

Worsening the situation, the Independent National Electoral Commission (INEC), the agency constitutionally empowered to monitor and regulate party activities, appears inactive in curbing these infractions. Similarly, the Nigeria Police Force, which has the mandate to enforce the law, has not taken visible steps to address the violations.

Last week, INEC Chairman, Professor Mahmood Yakubu, voiced his concern over what he described as a growing disregard for the legal timeline governing political campaigns.

Speaking at a stakeholder forum held at the Electoral Institute in Abuja, Yakubu drew attention to the rising trend of pre-scheduled campaigning, especially in the context of upcoming off-cycle governorship polls, the FCT Area Council elections, and the 2027 general elections.

He referenced Section 94(1) of the Electoral Act 2022, which specifies that political campaigns must not begin earlier than 150 days before election day and must conclude 24 hours before voting starts.

However, Yakubu noted that many political actors continue to ignore this legal framework. “Political parties, candidates and their supporters seem to be perpetually in election mood even when the electoral commission is yet to release the timetable and schedule of activities for elections,” he said.

“Around the country, we have seen outdoor advertising, media campaigns and even rallies promoting various political parties and candidates,” he said.

He, however, warned that these premature activities severely compromise the commission’s ability to enforce campaign finance limits, saying, “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.”

The situation has sparked strong reactions across Nigeria’s political landscape. What deeply concerns many citizens—especially those closely following political trends over the past two years—is the admission by the INEC Chairman that the Commission is powerless in curbing the growing violation of campaign timelines.

Although Section 94(2) of the 2022 Electoral Act imposes a maximum fine of ₦500,000 for campaigning within 24 hours before election day, Professor Mahmood Yakubu acknowledged that the law does not specify any penalties for campaigning before the 150-day threshold.

“This is where the Commission faces the challenge of dealing with early campaign,” he stated.

While acknowledging that early electioneering is not a new phenomenon, Yakubu stressed that regulatory agencies have been limited by existing legal provisions prompting the need for deeper evaluation and possible reform.

However, some observers believe that both INEC and the Police are turning a blind eye to these violations because the ruling All Progressives Congress (APC) is allegedly at the center of the early campaign activities.

Numerous individuals and civil society groups, along with opposition political parties, have raised alarms about the issue. Many argue that unless swift and concrete actions are taken, the credibility of the 2027 general elections may already be in jeopardy.

The opposition Peoples Democratic Party (PDP) and the African Democratic Congress (ADC) have been vocal, accusing the APC of being the most consistent violator of the campaign timeline.

In response to the unfolding situation, the Socio-Economic Rights and Accountability Project (SERAP) has called on INEC to fulfill its constitutional duties by penalizing those engaging in premature political campaigns. The organization also warned that it may resort to legal action against the Commission for failing to enforce existing laws.

In a letter dated September 13 and signed by Deputy Director Kolawole Oluwadare, SERAP urged Professor Yakubu to name politicians and parties that are clearly flouting electoral rules and international standards. It also called for their prosecution along with that of their financiers.

The group further advised INEC to begin monitoring the activities of political parties more closely and to establish clear guidelines to govern the conduct of politicians and parties with regard to campaign timelines.

SERAP refused to accept that INEC is helpless, as it said: “INEC is not helpless when political parties, candidates and other politicians contravene the legally prescribed period for election campaigns. Early election campaigns are unconstitutional and illegal.

“INEC’s constitutional and statutory mandates extend to sanctioning or penalising electoral offences, including early election campaigns.

“INEC should not be seen to be encouraging or giving legitimacy to political parties, candidates and other politicians carrying out early election campaigns outside the legally prescribed campaign period.”

SERAP warned that early election campaigns have adverse effects on economic development of the country due to prolonged electioneering frenzy. The body lamented that those in leadership positions, particularly the state governors, are wasting public funds on such early campaigns to the detriment of the citizenry.

“As INEC is yet to publish the timetable and schedule of activities for the elections, early election campaigns are inconsistent and incompatible with the letter and spirit of the Nigerian Constitution 1999 [as amended], Electoral Act and the country’s international human rights obligations.

“Several state governors seem to be using fuel subsidy windfall for early election campaigns. Several state governors are grossly failing to invest in social and economic development and provide essential services to their residents despite a significant increase in revenue since the removal of fuel subsidies.

“Enforcing the prohibition against early election campaigns would be reasonable, justifiable and proportionate, as it would serve to achieve human dignity, equality, and freedom. INEC has broad constitutional and legal obligations to promote, protect and uphold the rule of law and defend the public interest,” it stated.

SERAP also expressed concern about the possibility of establishing a culture of impunity if the trend is allowed to persist. It said: “Any failure by INEC to fairly enforce constitutional and statutory prohibitions of early election campaigns and the country’s international human rights obligations would create a culture of impunity by perpetrators and their sponsors.

“By failing to act against or sanction political parties, candidates and other politicians for engaging in early election campaigns, INEC is implicitly condoning the violations of the Nigerian Constitution, the Electoral Act and the country’s international human rights obligations.

“We would, therefore, be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel you and INEC to comply with our request in the public interest.

“Rather than prioritising delivering good governance to their people, state governors and other politicians are hoisting campaign banners across the country soliciting votes.

“INEC can rely on section 83 of the Electoral Act to seek information or clarification from political parties on how they are complying with the constitutional prohibition of early election campaigns and to direct the parties to immediately end the practice which is clearly contrary to the Nigerian Constitution and the Electoral Act.

“INEC should impose sanctions on political parties and candidates who fail to comply with its directive, as prescribed under section 83(4) of the Nigerian Constitution.

“It should also use section 225 of the Nigerian Constitution to demand from political parties the source(s) of funding by the parties and candidates for early election campaigns.

“Several political parties, candidates and other politicians are promoting themselves and canvassing for votes before the 150 days prescribed by the Electoral Act. Political parties, candidates and other politicians cannot elevate themselves above the law.

“Early election campaigns undermine the provisions of chapters 2 and 4 of the Nigerian Constitution covering fundamental objectives and directive principles of state policy and fundamental rights.”

In his contribution, a former lawmaker in Katsina State, Yusuf Shehu, condemned the development and lambasted the electoral body for standing idly while politicians undermine the country’s electoral process.

He said: “The drafters of the Nigerian Constitution and the Electoral Act never contemplated that political season would be a continuous exercise. Public officers ought to comply with the constitutional Code of Conduct for Public Officers or face the legal consequences if they fail to do that.

“Several candidates and other elected public officials have abandoned their constitutional oath of office, including acting for the well-being and prosperity of Nigeria, and to preserve, protect and defend the Nigerian Constitution.

“Politicians, including several state governors, are prioritising election campaigns over achievements on socio-economic well-being of Nigerians, especially the marginalized and disadvantaged sectors of the population.

“Early election campaigns facilitate diversion of public resources and disruption of public services, as well as undermine citizens’ access to public goods and services, as they give unfair advantage to well-resourced or incumbent candidates, thus eroding transparency, fairness and impartiality.

“The failure to punish political parties, candidates and other politicians for engaging in early election campaigns would continue to allow elected officers to use public resources for political purposes. It would also compromise the neutrality of public offices, violate the principles of public service and create conflict of interests.”

Also in his submission, human rights lawyer, Femi Falana has equally asked the INEC to arraign those violating the rules against early election campaigns before the court to serve as deterrent to others.

Falana made the call during an appearance on Channels Television‘s Sunday Politics.

Although he agreed with the INEC boss that the constitution did not stipulate appropriate sanction, he said, “The law cannot cover all situations. The lawmakers thought they were dealing with a civilised political class. No.

“Now that they are violating the law, it makes it a duty, empowered by the Constitution and the Electoral Act, to bring out rules and regulations.

“By the way, INEC is required to charge some of these guys before the court. Let them come to court and say, ‘Sorry, my Lord, there is no provision for punishment.’

“If you fail to comply with the order of the court, you have committed contempt and you will go to jail.”

He further noted that the constitution empowers INEC to draft rules and regulations to cover such a lacuna, saying, “Section 95 empowers INEC to draft rules and regulations. In the Constitution, Paragraph F, Part 1 empowers INEC to monitor campaigns in line with its prescribed rules and regulations. So, INEC has not brought out rules and regulations to stop this illegality and it should do so at once.”

Even the former INEC chairman, Prof Attahiru Jega equally raised concern about the growing trend of premature election campaigns in Nigeria, warning that it posed grave dangers to the integrity of the 2027 elections if not urgently addressed.

Jega, who delivered a key address at a stakeholders’ roundtable organised by INEC to examine the challenges of premature campaigns last week in Abuja In his keynote, noted that campaigns conducted outside the legally prescribed period conferred unfair advantages on certain candidates, undermine the rule of law, heat up the polity and entrench a culture of impunity among political actors.

He blamed “matured democrats” for early campaigns and violations of election rules, even as he added that lawmakers were the major beneficiaries of early campaigns and, therefore, most unlikely to make laws to impose stiffer penalties on premature campaigners.

“Premature election campaigns are undesirable aberrations in democratic elections. They create an uneven playing field, disrespect the law, and may even generate political tension and conflict,” he warned.

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