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INEC Has No Legal Power To Punish Early Campaigners – Prof. Yakubu

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The Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, has stated that the Commission currently lacks the legal authority to penalize politicians and political parties engaging in early campaigns ahead of the 2027 general elections.

Speaking at a roundtable discussion titled “The Challenges of Premature Political Campaigns in Nigeria”, held in Abuja on Wednesday, Yakubu acknowledged that although Section 94(1) of the Electoral Act 2022 clearly prohibits campaigns starting earlier than 150 days before the election, the law does not include penalties for violating this provision.

He pointed out that the only punitive measure in the law is under Section 94(2), which allows for a fine of up to 5N00,000 for campaigning within 24 hours to polling day, a penalty he described as weak and inadequate to deter violators.

“Political parties and candidates are in constant campaign mode, even when INEC hasn’t released the election timetable,” Yakubu said.

“We’ve observed rallies, billboards, media adverts, and other campaign activities taking place far outside the legal campaign window.”

He noted that these premature campaign activities not only violate the spirit of the law but also hinder INEC’s efforts to monitor campaign finance, as funds are being spent unofficially and outside the regulated campaign period.

Despite public expectations for INEC to act as the regulator of political parties, Yakubu emphasized that the lack of legal sanctions ties the Commission’s hands.

“There are no legal consequences for starting campaigns too early. That’s the core issue,” he added.

Yakubu warned that the absence of enforcement tools has encouraged political actors to continue early campaigning with impunity, mounting billboards, sponsoring media campaigns, and organizing rallies well before INEC announces its official timetable.

He urged lawmakers to consider criminalizing premature campaigns to protect the integrity of Nigeria’s electoral process.

“We’re glad to have key stakeholders here, including former INEC Chairman Prof. Attahiru Jega, who will share his insights.

“We have also invited the leadership of both the Senate and House of Representatives Electoral Committees,” Yakubu said.

He expressed confidence that with input from experts, political party leaders, the Nigerian Bar Association (NBA), the National Broadcasting Commission (NBC), and the Advertising Regulatory Council of Nigeria (ARCON), new legal provisions can be drafted to close the current gaps.

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