Isaac Samuel
The Independent National Electoral Commission (INEC) has admitted that it currently lacks the legal powers to sanction politicians and political parties engaging in premature campaigns ahead of the 2027 general elections.
INEC Chairman, Prof. Mahmood Yakubu, stated this at a roundtable on “The Challenges of Premature Political Campaigns in Nigeria”, organised by by the Commission on Wednesday in Abuja.
Yakubu explained that although Section 94(1) of the Electoral Act 2022 prohibits campaigns earlier than 150 days before polling, the law is silent on penalties for such violations, which he said has left the Commission unable to act.
He added that the only sanction provided under Section 94(2) of the Act is a fine of up to N500,000 for campaigns within 24 hours to polling day, describing the penalty as mild and insufficient to deter offenders.
He said: “Section 94(1) of the Electoral Act 2022 prohibits the commencement of campaign earlier than 150 days (i.e. 5 months) before polling day and must end 24 hours prior to that day. The idea is to prioritise governance over electioneering from one electoral cycle to another.
“However, 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 or ahead of the timeframe provided by law. Around the country, we have seen outdoor advertising, media campaigns and even rallies promoting various political parties and candidates.
“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.
Yakubu admitted that Nigerians expect INEC, as registrar and regulator of political parties, to act in the face of the brazen breach of the law on early campaign.
He however, said the major challenge for the Commission is the law itself.
“Sections 94(2) of the Electoral Act 2022 imposes sanctions, albeit mild (a maximum amount of N500,000 on conviction), on any political party or a person acting on its behalf who engaged in campaigns 24 hours before polling day.
“However, there is no sanction whatsoever concerning breaches for campaigns earlier than 150 days to an election. Here lies the challenge for the Commission in dealing with early campaign by political parties, prospective candidates and their supporters”, the INEC chairman added.
Yakubu warned that the absence of sanctions has emboldened politicians and their supporters to mount billboards, sponsor media adverts and organise rallies long before INEC publishes its timetable, undermining governance and frustrating the Commission’s ability to track campaign finance.
Yakubu stressed that criminalising premature campaigns was necessary to safeguard the country’s electoral process.
He said: “I am glad that the immediate past Chairman of INEC, Professor Attahiru Jega, is here to share his experience on the matter in a Keynote Address. Similarly, as the National Assembly is currently reviewing our electoral laws, the Commission has also invited the leadership of both the Senate and House of Representatives Committees on Electoral Matters.
“I am confident that they will give due consideration to actionable recommendations by experts, leaders of political parties, the President of the Nigerian Bar Association (NBA), the Broadcasting Organisation of Nigeria (BON), the National Broadcasting Commission (NBC) which regulates the broadcast media and the Advertising Regulatory Council of Nigeria (ARCON) which regulates advertisement, including outdoor advertising.”
