The Socio-Economic Rights and Accountability Project (SERAP) has called on Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), to take decisive action against politicians and political parties that flagrantly breach constitutional, statutory, and international regulations prohibiting premature election campaigns. SERAP insists that those responsible, including their backers, must face prosecution.
In its appeal, SERAP urged INEC to intensify surveillance over political entities violating the legal framework that forbids early campaigning and to establish explicit guidelines regulating the conduct of parties and candidates during the pre-campaign period in Nigeria.
Last week, INEC voiced concerns about the surge in early electioneering activities, highlighting that such practices hinder its capacity to monitor campaign finance effectively. The commission also noted the absence of penalties for early campaigning.
Responding in a letter dated 13 September 2025, signed by SERAP’s deputy director Kolawole Oluwadare, the organization emphasized that INEC is empowered to act against violations of the legally mandated campaign period. SERAP stressed that early electioneering is both unconstitutional and unlawful.
According to SERAP, INEC’s constitutional and legal responsibilities encompass the authority to sanction electoral infractions, including premature campaign activities.
The organization warned that INEC must avoid appearing to legitimize or tolerate early campaigns by political parties and candidates operating outside the sanctioned timeframe.
The letter further highlighted the detrimental impact of early electioneering on Nigeria’s economic progress, attributing it to the extended period of political agitation that disrupts development.
Since INEC has yet to release the official election timetable, SERAP pointed out that early campaigns contradict the spirit and letter of the 1999 Nigerian Constitution (as amended), the Electoral Act, and Nigeria’s international human rights commitments.
SERAP also criticized some state governors for allegedly channeling funds saved from fuel subsidy removals into early campaign efforts instead of investing in social and economic infrastructure, despite increased revenues.
Enforcing the ban on premature campaigns is described as a reasonable and necessary measure to uphold human dignity, equality, and freedom. INEC is constitutionally mandated to uphold the rule of law and protect public interest.
Failure by INEC to enforce these prohibitions would foster a culture of impunity among offenders and their sponsors, SERAP warned.
By neglecting to sanction early campaign violations, INEC risks implicitly endorsing breaches of the Nigerian Constitution, the Electoral Act, and international human rights standards.
SERAP requested that INEC implement the recommended actions within seven days of receiving or seeing the letter. Should there be no response, the organization intends to pursue all necessary legal avenues to compel compliance in the public interest.
The group expressed concern that political parties and candidates began campaigning almost immediately after the 2023 general elections, disregarding the legal requirement that campaigns commence 150 days before the 2027 elections.
Instead of focusing on governance and service delivery, many governors and politicians have been seen erecting campaign materials nationwide to solicit votes prematurely.
SERAP pointed out that INEC can invoke Section 83 of the Electoral Act to demand explanations from political parties on their adherence to the constitutional ban on early campaigns and to order an immediate halt to such activities.
Moreover, INEC should impose penalties on non-compliant parties and candidates as stipulated under Section 83(4) of the Nigerian Constitution.
Section 225 of the Constitution also empowers INEC to require political parties to disclose the sources of funding for their early campaign activities.
Many political actors are promoting themselves and seeking votes well before the 150-day campaign window mandated by law, but no individual or party is above the law.
Early electioneering undermines fundamental objectives and principles enshrined in Chapters 2 and 4 of the Nigerian Constitution, which cover state policy directives and fundamental rights.
Specifically, such premature campaigns violate economic and social rights, the right to equality and equal protection under the law, sustainable development goals, and the right to free and fair elections guaranteed by both the Nigerian Constitution and international human rights treaties.
Should INEC fail to prevent or penalize early campaigns, it risks violating these rights by fostering conditions that hinder their full realization.
The 150-day campaign period is ample time for political parties and candidates to prepare and seek electoral support, ensuring a fair and orderly process.
The framers of the Nigerian Constitution and the Electoral Act never intended for electioneering to be a continuous, year-round activity. Public officials must adhere to the Code of Conduct for Public Officers and face legal consequences if they do not.
Many elected officials have neglected their constitutional oaths to act in Nigeria’s best interests and to uphold the Constitution.
Politicians, including several governors, are prioritizing electioneering over advancing socio-economic welfare, especially for marginalized and vulnerable populations.
Early campaigns encourage the misuse of public funds and disrupt essential services, granting unfair advantages to well-funded incumbents and undermining transparency, fairness, and impartiality.
Failure to sanction early campaign violations perpetuates the misuse of public resources for political gain and erodes the rule of law.
It also compromises the neutrality of public offices, breaches public service principles, and creates conflicts of interest.
SERAP acknowledged INEC’s recent expression of concern over early electioneering ahead of the 2027 polls, noting the commission’s worries about the difficulty in monitoring campaign finances due to premature spending by politicians and third parties.
However, INEC’s claim that no sanctions exist for early campaigns was challenged by SERAP, which cited Section 94(1) of the Nigerian Constitution mandating that campaigns begin 150 days before polling and end 24 hours prior to election day.
Section 94(2) further criminalizes advertising by political parties during the 24 hours before polling, with penalties including fines up to N500,000.
Additionally, Paragraph F of Part 1 of the Third Schedule to the Constitution empowers INEC to oversee political campaigns and establish governing rules for political parties.
