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Home In the News

Why INEC can’t sanction politicians for early campaigns-Yakubu

Ademola Damilola by Ademola Damilola
September 11, 2025
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The Independent National Electoral Commission (INEC) has explained why it cannot sanction politicians for early campaigns.

According to the Commission, the inability to sanction politicians for early campaigns is traceable to the provisions of the Electoral Act 2022.

INEC chairman, Prof. Mahmood Yakubu, stated this on Wednesday in Abuja at a stakeholders’ roundtable on premature political campaigns.

He said while section 94(1) of the Electoral Act 2022 prohibits campaigns earlier than 150 days before polling, the law provides no sanction for such breaches.

“Quite correctly, 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. However, the major challenge for the commission is the law itself,” he said.

Yakubu explained that section 94(2) of the act only prescribes a fine of up to N500,000 for campaigns within 24 hours of polling day.

He said politicians and their supporters have continued to hold rallies, unveil billboards, and run media campaigns in violation of the legal framework.

“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,” he said.

Yakubu added that the commission invited lawmakers, party leaders, civil society organisations, and regulators to the forum to seek solutions.

“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,” he said.

Also speaking, INEC national commissioner and chairman of the Electoral Institute, Abdullahi Zuru, said early campaigns are one of the most worrying challenges of Nigeria’s democracy.

He said aspirants often use cultural festivals, religious events, billboards, branded vehicles and even social media influencers as fronts for premature campaigns.

“When aspirants or parties compete to dominate visibility long before the official campaign period, it distorts fairness and raises the cost of political competition,” Zuru said.

He added that the trend distracts elected officials from governance, erodes public confidence in the electoral system, and fuels cynicism about the rule of law.

“We must refine the regulatory framework so that what constitutes premature or early campaigning is more clearly defined in today’s digital age,” he added.

Meanwhile, former Chairman of the Independent National Electoral Commission (INEC), Prof. Attahiru Jega, has described premature election campaigns as “undesirable aberration” that must be checked to prevent it from undermining democratic process in Nigeria.

He stated this in his keynote address at the INEC roundtable on Wednesday at The Electoral Institute in Abuja.

The event had as its theme:  “The Challenges of Premature Political Campaign”

Jega, a Professor in the Department of Political Science, Bayero University, Kano, said that the prevalence of premature campaigns raises serious challenges to the preparations and conduct of the 2027 elections.

The former INEC chairman said that if not appropriately checked, the practice posed one of the most serious threats to elections and could undermine the integrity of the entire electoral process.

According to Jega, for elections to be meaningful, ‘democratic’ and beneficial to the citizens, they should have integrity: i.e. be rule-based, transparent, ‘free and fair’, and have a level-playing field for all participating political parties and candidates.

Jega said that the Electoral Act provides a specific timeline for the start of campaigns, noting that any form of premature campaigning violates the provision, undermining INEC’s authority and the rule of law.

“Its consequences are enormous, such as broadly undermining democratic institutions, encouraging lawlessness among political actors, and granting unfair political advantage to parties and candidates who are reckless and brazen in disrespecting the law.

“Candidates or parties who begin campaigning early often gain more visibility and influence than other candidates.

“This creates an uneven playing field; it also reduces political competition, and ultimately escalates campaign spending.

“Similarly, premature campaigns shift focus from governance to politics, especially when incumbents engage in early campaigning, and divert attention to politicking rather than fulfilling their mandates to the electorate.

“Indeed, in the Nigerian context, premature campaigns quite often heat up the polity, increase political rivalry, as well as engenders hate speech, and ethno-religious polarization.

“This often triggers violence, especially in politically volatile areas, deters peaceful political participation, and weaken the enforcement mechanism to punish the offenders,” he said.

Jega also said that the lack of strict sanctions in Nigeria’s electoral legal framework had only worsened the issue, making it a widespread problem, particularly with the brazen use of posters and billboards by incumbents long before the official campaign period.

According to him, these early campaigns often involve “third-party” support groups with dubious financing, which likely violates campaign finance laws.

He noted that such acts, whether through billboards, public media, or the commissioning of projects for electioneering purposes, erode the integrity of the electoral process and create a perception of abuse of power.

“There are allegations that some parties/candidates sponsor these premature campaigns hiding behind dubious illegal “third parties”; thereby also breaching campaign finance laws.

“Premature campaigns consist of, not only erection of bill boards with candidates portraits and messages soliciting votes and/or endorsements; b

“But they also include, using public media and resources to advertise records of ‘achievements’ of incumbents, or use of official positions and commissioning of projects for electioneering purposes.

“When incumbents do it and get away with it, or other “third parties” do it on their behalf and get away with it, a spiral of illegalities and lawlessness unfolds, undermining the rules-based system and the integrity of the electoral process.

“There is no doubt that, currently in Nigeria, the prevalence of premature campaigns raises serious challenges to the preparations and conduct of the 2027 elections, and therefore need to be sanitised urgently.

“It is being done quite brazenly especially by incumbent elected officials at all levels and tiers of government,” he said.

To address these challenges, Jega stressed the need for a clear, unambiguous definition of what constitutes an election campaign and for stiff penalties for violations.

He also proposed that candidates and political parties be held vicariously responsible for premature campaigns conducted on their behalf by third parties.

The former INEC chairman also urged the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to scrutinise the funding sources of these third-party campaigners.

Jega further reiterated the urgent need for an Elections Offences Commission and Tribunal to be established, as it would be crucial for enforcing electoral laws and protecting the integrity of the upcoming 2027 elections.

He said that Nigeria could learn valuable lessons from countries like Australia, Mexico, India and the Philippines, which had effectively sanctioned premature campaigns.

In a related development, the Electoral umpire has officially recognised the leadership of the African Democratic Congress (ADC) led by a former senate president, David Mark.

The confirmation was displayed on the website of INEC on Wednesday.

The recognition came after an internal restructuring that resulted in the emergence of national officers to reposition the party further ahead of the 2027 general elections.

Aside from Mark, who was appointed as the interim chairman, INEC listed a former Osun governor, Rauf Aregbesola, as National Secretary.

Other principal officers now officially recognised by the electoral body are a former Edo governor, Oserheimen Osunbor, as National Legal Adviser; Ibrahim Mani as National Treasurer, and Akibu Dalhatu as National Financial Secretary.

With this formal endorsement, the ADC leadership is expected to commence a nationwide reconciliation and mobilisation effort, as the party seeks to strengthen its presence across the country ahead of the 2027 general elections.

The leadership transition began on July 2, when outgoing National Chairman Ralph Nwosu announced the appointment of David Mark as interim chairman and Aregbesola as interim secretary.

Nwosu said the previous leadership had voluntarily stepped down to allow for fresh direction and leadership.

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