By Abubakar Yunusa
SERAP has asked INEC to act against political actors flouting constitutional provisions on electioneering. It urged Yakubu to prosecute offenders to protect Nigeria’s democratic process.
SERAP urged him “to 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.”
INEC last week expressed concerns about early election campaigns by political parties, stating that the campaigns have undermined its ability to track campaign finance limits. INEC also claimed there is no sanction for early election campaigns.
But in the letter dated 13 September 2025 and signed by SERAP deputy director Kolawole Oluwadare, the organisation 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.”
SERAP said, “INEC constitutional and statutory mandates extend to sanctioning or penalising electoral offences, including early election campaigns.”
According to SERAP, “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.”
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.”
“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.”
“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.
“Federation Account Allocation Committee (FAAC) in 2024 FAAC shared N28.78 trillion to the three tiers of government, a 79 percent increase from the N16.28 trillion disbursed in 2023. In 2024, Nigeria ranked 130th out of 141 countries for infrastructure quality.”
“According to a joint report by the World Bank and the National Bureau of Statistics (NBS), over 129 million Nigerians live in extreme poverty.”
“While the minimum wage has been increased from N30,000 to N70,000 many state governors are failing to pay the new wage.”
“SERAP is concerned that political parties and politicians commenced campaigns almost immediately after the 2023 general elections instead of complying with the legal requirement that campaigns begin 150 days before the 2027 general elections.”
“Rather than prioritising delivering good governance to their people, state governors and other politicians are hoisting campaign banners across the country soliciting for 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 sanction on political parties and candidates who fail to comply with its directive, as prescribed under section 83(4) of the Nigerian Constitution.”
“INEC 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 under the provisions of chapters 2 and 4 of the Nigerian Constitution covering fundamental objectives and directive principles of state policy and fundamental rights.”
“Specifically, early election campaigns violate economic and social rights, right to equality and equal protection of the law, sustainable development, and the right to free and fair elections as guaranteed by the Nigerian Constitution and the country’s international human rights obligations.”
“INEC would be deemed to have violated these rights if the commission continues to fail to prevent early election campaigns or punish those conducting them, as it would be creating conditions unfavourable to the effective realization of these fundamental human rights.”
“150 days before the election date is sufficient time for political parties, candidates and other politicians to prepare themselves to seek the votes of Nigerians and to meet their fate at the election box.”
“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 and 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 to act in the interest of 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 rather than focusing on achieving 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, and violate the rule of law.”
“It would also compromise the neutrality of public offices, violate the principles of public service and create conflict of interests.”
“According to our information, you recently expressed concerns about early election campaigns by political parties and candidates ahead of the 2027 general elections.”
“You also expressed concern that ‘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.’”
“However, you claimed that there is no sanction for early election campaigns by political parties and politicians.”
“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.’”
