From David Onuoja, Abuja
The Independent National Electoral Commission (INEC), has cried foul, saying, there is no backup law in the Electoral Act or Constitution of the Federal Republic of Nigeria, against the defaulters of early campaign motivator in Nigeria.
Professor Mahmood Yakubu, who is the Chairman of INEC, made the allegation during a one-day workshop on the challenges of early campaigns by politicians and their cronies in the Country held at the INEC Electoral Institute, Abuja.
He said, it has become worrisome where politicians and their third parties has started campaigning either directly or indirectly in the name of commissioning projects among other things.
According to him, “the purpose of this gathering is to discuss the disturbing trend of campaign in public for elections (specifically the off-cycle Governorship elections, the FCT Area Council elections and the 2027 General Election), long before the period earmarked for such activity under the law.
“Section 94(1) of the Electoral Act 2022, prohibits the commencement of campaign earlier than 150 days (i.e. 5 months) before polling day and must end 24 hours prior to that day. The idea is to prioritise governance over electioneering from one electoral cycle to another.
“However, political parties, candidates and their supporters seem to be perpetually in election mood even when the Electoral Commission is yet to release the Timetable and Schedule of Activities for elections or ahead of the timeframe provided by law. Around the country, we have seen outdoor advertising, media campaigns and even rallies promoting various political parties and candidates.
“These actions and activities undermine the Commission’s ability to track campaign finance limits as politicians, prospective candidates and third-party agents expend large amount of money that cannot be effectively monitored before the official commencement of campaigns.
“Quite correctly, Nigerians expect 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.
“In a sense, the problem of early campaign in Nigeria is not new. The seeming inability of the Commission and other regulatory agencies to deal with the menace within the ambit of the existing electoral legal framework calls for deep reflection. It is in this context that the Commission considered it appropriate to convene this meeting in which legislators, leaders of political parties, civil society organisations, experts, practitioners and regulators will brainstorm on the way forward.
“I am glad that the immediate past Chairman of INEC, Professor Attahiru Jega, is here to share his experience on the matter in a Keynote Address. Similarly, as the National Assembly is currently reviewing our electoral laws, the Commission has also invited the leadership of both the Senate and House of Representatives Committees on Electoral Matters.
“I am confident that they will give due consideration to actionable recommendations by experts, leaders of political parties, the President of the Nigerian Bar Association (NBA), the Broadcasting Organisation of Nigeria (BON), the National Broadcasting Commission (NBC) which regulates the broadcast media and the Advertising Regulatory Council of Nigeria (ARCON) which regulates advertisement, including outdoor advertising.