SERAP to INEC: Punish politicians for early election campaigns or face legal action’

Socio-Economic Rights and Accountability Project (SERAP) has issued a stern call to the Independent National Electoral Commission (INEC), led by Chairman Professor Mahmood Yakubu, to take decisive action against politicians and political parties engaging in premature election campaigns, which violate Nigeria’s constitutional and statutory provisions as well as international standards.

In a detailed letter dated September 13, 2025, signed by SERAP’s deputy director Kolawole Oluwadare, the organization urged INEC to identify and prosecute those responsible for early campaigns, warning that failure to act could lead to legal consequences.

SERAP’s letter emphasized that early election campaigns, which have become rampant ahead of the 2027 general elections, are not only unconstitutional but also detrimental to Nigeria’s socio-economic development.

The organization argued that these campaigns, often funded by public resources, undermine INEC’s ability to monitor campaign finances and erode public trust in the electoral process. “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,” the letter states.

The organization highlighted hat Section 94(1) of the Nigerian Constitution 1999 [as amended] clearly stipulates 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.”

Additionally, Section 94(2) deems it an offense for any political party to advertise or promote a candidate within 24 hours before polling day, with a maximum fine of N500,000 upon conviction. SERAP also points to Paragraph F, Part 1 of the Third Schedule to the Constitution, which empowers INEC to “monitor political campaigns and provide rules and regulations which shall govern the political parties.”

INEC itself recently raised concerns about early campaigns, noting that they hinder its ability to track campaign finance limits. The commission stated, “These actions and activities undermine the commission’s ability to track campaign finance limits as politicians, prospective candidates and third-party agents expend large amounts of money that cannot be effectively monitored before the official commencement of campaigns.”

However, INEC claimed it lacks the authority to impose sanctions for such violations, a position SERAP strongly disputes. “INEC constitutional and statutory mandates extend to sanctioning or penalising electoral offences, including early election campaigns,” SERAP asserts.

SERAP argues that early campaigns have far-reaching consequences beyond electoral violations. “Early election campaigns have adverse effects on economic development due to prolonged electioneering frenzy,” the letter reads.

The organization noted that several state governors are allegedly using windfalls from the 2023 fuel subsidy removal to fund campaigns rather than investing in critical services like infrastructure and poverty alleviation.

According to SERAP, “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 letter cited the Federation Account Allocation Committee (FAAC), which disbursed N28.78 trillion to the three tiers of government in 2024, a 79 percent increase from N16.28 trillion in 2023, yet Nigeria ranks 130th out of 141 countries for infrastructure quality, and over 129 million Nigerians live in extreme poverty, according to a joint report by the World Bank and the National Bureau of Statistics.

SERAP also criticizes state governors for failing to implement the new minimum wage of N70,000, up from N30,000, while prioritizing campaign activities.

“Rather than prioritising delivering good governance to their people, state governors and other politicians are hoisting campaign banners across the country soliciting for votes,” the letter stated. This, SERAP argues, diverts public resources, disrupts services, and gives an unfair advantage to well-resourced or incumbent candidates, undermining transparency and fairness in elections.

The organization called on INEC to take specific actions to curb these violations. It urges the commission 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.”

SERAP also recommended that INEC use Section 83 of the Electoral Act to seek clarification from political parties on their compliance with campaign regulations and to direct them to cease early campaigns. Additionally, Section 225 of the Constitution could be invoked to demand transparency on the sources of funding for these campaigns.

SERAP warned that INEC’s inaction risks creating a “culture of impunity” and implicitly condoning violations of the Nigerian Constitution, the Electoral Act, and international human rights obligations.

“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,” the letter states.

It further argued that early campaigns violate economic and social rights, the right to equality, sustainable development, and the right to free and fair elections, as guaranteed by Chapters 2 and 4 of the Nigerian Constitution.

The organization has given INEC a seven-day ultimatum to act on its recommendations, threatening legal action if the commission fails to comply.

“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,” the letter concluded.

SERAP’s demands underscore the urgency of addressing early election campaigns to uphold the rule of law, protect public resources, and ensure a level playing field for the 2027 elections.

The organization emphasized that “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.” By enforcing these regulations, INEC can prevent the misuse of public funds, promote electoral integrity, and safeguard Nigeria’s democratic process.