This week, the Independent National Electoral Commission (INEC) organised a round table to address the challenges of premature political campaigns in Nigeria. The controversy started way back in July 2024, almost three years to the next election, when people based in Abuja woke up to find billboards all over the city featuring President Tinubu holding his wife (Remi) with a clear message or caption “Grassroots support for Tinubu 2027”. The meaning of the billboard was for many very clear. The President was launching his campaign for a second term. Many participants at the roundtable argued however that we cannot be sure it was the president’s initiative because Nigeria has a tradition of third-party campaigning which might have the support of the person but in some cases, friends simply take the initiative without clearance from the intended candidate. There could also be cases of mischief in which political opponents will launch a campaign to make their opponent appear to be in breach of the law. In this case, the sponsor of the advert was a group called “Dark Matters” but no one seams to know who they are.
The controversy arose because regulatory agencies did not immediately respond to the breach. All billboard messages have to be approved by the advertising regulatory agency and the question that was posed was did they approve the message and did they check whether such content violated the law and finally, did Dark Matters have the authority of the president to place such an advert. Shortly after, more adverts appeared in Dutse (Jigawa State) and other towns in the state with the slogan “Tinubu Continuity 2027”, often alongside Governor Umar Namadi. These appeared at major road junctions and public spaces.
INEC issued a warning that prospective candidates should be aware that they were jumping the gun by starting their campaigns before the umpire has given the required authorization. The Presidency officially disowned these campaign materials, calling them premature, unauthorised, and in breach of the electoral law. The statement specifically referenced appearances in Abuja, Kano, and Dutse and demanded the immediate removal of the posters. It did not happen and the campaign posters continues to proliferate. Some aspirants also use cultural festivals and religious gatherings to talk about their good qualities for political office while others even go as far as issuing branded “campaign” vehicles. More recently, numerous social media influencers and content creators have become key players and fronts, flooding platforms such as Facebook, Instagram, Tik-Tok, YouTube, and X with songs, skits, and hashtags that project particular aspirants many months before the permission of the law.
The Electoral Act 2022 is clear on this matter. Section 94.—(1) states that ”for the purpose of this act, 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.”
As the INEC National Commissioner, Professor Abdu Zuru explained at the round table, this safeguard was introduced to ensure fairness, reduce political tension, and guarantee a level playing field for aspirants. Unfortunately, what has happened is the widespread and determined actions by politicians to circumvent, stretch, and even undermine this law. Often, third-party actors such as associations, professional groups, religious groups or political support groups are used as convenient fronts for disguised early campaigning.
In his own remarks, the INEC Chairman Mahmoud Yakubu said that Nigerians are correct in expecting: “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. 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.”
Another problem with the Electoral Act 92.—(4) is its categorical provision that:
“No registered political party in Nigeria, its aspirants or candidate shall be prevented from holding rallies, processions or meetings at any time for their constitutional political purposes, and the Police shall in a consultative manner, resolve any conflict of time and venue between and amongst parties where such arises.”
Aspirants who break the premature campaigning provision could always evoke this one to escape any sanction for the breach they have committed. The way forward is to refine the regulatory framework so that what constitutes premature or early campaigning is more clearly defined to avoid the ambiguities that create loopholes. It is important to strengthen enforcement, ensuring that violations are detected early and sanctioned firmly, be it by political parties, individuals, or their proxies. We must engage media organizations and social media platforms, encouraging them to cooperate in moderating content that undermines the electoral timetable. And we must intensify civic education to enlighten citizens, especially the youth, on the dangers of endorsing and promoting early campaigns.
As the leading culprits in premature campaigning are in fact people in government, civil society must be clearer and more insistent in exposing the challenges to democracy and the rule of law when members of the governing class deliberately break the law and act as if they are above it. In this regard, regulatory agencies should be bolder and more proactive in responding to breaches.
The keynote speaker, Prof Attahiru Jega made the following useful recommendations.
• All election campaign offences, especially premature campaign offences, should be carefully defined, stiff penalties specified, and strictly applied where applicable.
• All candidates and their parties, and especially incumbent office holders and their political parties, should be vicariously held responsible and penalized for premature campaigns for them by third-parties
• EFCC and ICPC should pay special attention to Third-party campaigners and thoroughly interrogate their sources of funding.
• In determining whether candidates and parties expenditures fall within approved limits, the estimated/determined expenditure by a third-party campaigner for the candidate/party should be taken into consideration.
• The EMBs (INEC and SIECs) must be made to work closely and collaboratively to ensure appropriate imposition of sanctions and penalties where appropriate.
• The recommendation for the establishment of Elections Offences Commission and Tribunal has become even more urgent and important for consideration, and should be addressed in the next/current round of electoral reforms before the 2027 elections.
