Sunday, September 14, 2025 - The Socio-Economic Rights and Accountability Project has urged the Independent National Electoral Commission to identify and prosecute politicians and political parties that have begun electioneering ahead of the legally permitted campaign period.
In a letter dated 13 September and addressed to INEC
chairman Professor Mahmood Yakubu, the rights group warned that it will take
legal action if the commission fails to act within seven days.
According to a statement signed by its deputy director,
Kolawole Oluwadare, on Sunday, SERAP described early campaigns as
unconstitutional, illegal, and detrimental to Nigeria’s economic development
and governance.
INEC recently expressed concerns about early
campaigns, noting that they hinder its ability to track campaign finance
limits.
However, the commission claimed it lacks the authority to
impose sanctions, a stance SERAP strongly disputes
SERAP urged Yakubu to “identify politicians and political
parties blatantly violating constitutional and statutory legal provisions and
international standards which prohibit early election campaigns and to ensure
the prosecution of perpetrators and their sponsors.
“Closely monitor political parties breaching the
constitutional and statutory provisions and international standards which
prohibit early election campaigns, and to develop clear regulations to govern
the conduct of parties and politicians regarding premature election campaigns
in Nigeria.”
Oluwadare emphasised that INEC has the constitutional and
statutory authority to penalise electoral offenses, including early
electioneering, which violates Section 94(1) of the Nigerian Constitution.
The letter, read in part: “Early election campaigns have
adverse effects on economic development due to prolonged electioneering frenzy.
“As INEC is yet to publish the timetable and schedule of
activities for 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.”
The group argued that an early campaign is unacceptable at a
time when over 129 million Nigerians live in extreme poverty, according to a
joint World Bank and National Bureau of Statistics report, and many states have
failed to implement the new N70,000 minimum wage.
SERAP urged INEC to closely monitor political parties,
develop clear regulations to govern campaign conduct, and impose sanctions
under Section 83(4) and Section 225 of the Nigerian Constitution.
It said, “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, uphold the rule of law and defend
the public interest.”
The organisation also called for investigations into the
sources of funding for early campaigns.
It warned that failure to act would foster a culture of
impunity and violate Nigeria’s international human rights obligations.
“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 of
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,” it said.
The organisation stressed that enforcing the 150-day
campaign window is critical to upholding human dignity, equality, and the rule
of law in Nigeria’s electoral process.
The letter reads further, “SERAP notes that Section 94(1) of
the Nigerian Constitution provides that ‘the period of campaigning in public by
every political party shall commence 150 days before polling day and end 24
hours prior to that day.
“Section 94(2) also provides that, ‘any political party
during the 24 hours before polling day— (a) advertises on the facilities of any
broadcasting undertaking to promote or oppose a particular candidate, commits
an offence under this Act and is liable on conviction to a maximum fine of N
500,000.
“Paragraph F Part 1 of the Third Schedule to the Nigerian
Constitution empowers INEC in section 15(f) to ‘monitor political campaigns and
provide rules and regulations which shall govern the political parties.’”
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