The Socio-Economic Rights and Accountability Project (SERAP) has called on the Independent National Electoral Commission (INEC) to crack down on politicians and parties engaging in campaigns before the legally approved window.
In a letter dated 13 September and addressed to INEC Chairman, Professor Mahmood Yakubu, the rights group warned that it would take legal action if the commission failed to act within seven days.
According to a statement signed on Sunday, September 14, by its deputy director, Kolawole Oluwadare, SERAP described early campaigns as “unconstitutional, illegal, and detrimental to Nigeria’s economic development and governance.”
While INEC has expressed concerns that premature campaigns complicate its efforts to track campaign finance, the commission also said it lacks powers to impose sanctions. SERAP strongly disagreed with this position.
The group urged Yakubu to “identify politicians and political parties blatantly violating constitutional and statutory legal provisions and international standards which prohibit early election campaigns and to ensure the prosecution of perpetrators and their sponsors.”
It further asked INEC 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.”
Oluwadare insisted that INEC has the authority to punish electoral offences, stressing that early electioneering violates Section 94(1) of the Constitution.
The letter added, “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.”
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The group also alleged that “several state governors seem to be using fuel subsidy windfall for early election campaigns” while neglecting social and economic investments.
It argued that such practices were unacceptable at a time when “over 129 million Nigerians live in extreme poverty” and many states are yet to implement the new ₦70,000 minimum wage.
SERAP urged INEC to investigate the funding sources of early campaigns and to impose sanctions using Section 83(4) and Section 225 of the Constitution.
The group warned, “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.”
It concluded that enforcing the 150-day campaign window was vital to protect human dignity, equality, and the rule of law.
The letter read further, “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 ₦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.’”