Former Chairman of the Independent National Electoral Commission (INEC), Prof. Attahiru Jega, yesterday chided the activities of politicians heating up the polity with early campaigns ahead of 2027 general election.
He lamented that these politicians are jumping the gun and going scot-free because the appropriate constitutional sanctions are not applied when they violate the law.
The former university teacher, who delivered a paper titled: “Towards addressing the challenges of premature election campaigns in Nigeria,” at a round table organised by INEC in Abuja, said premature campaign was an aberration in democratic elections.
He said any form of premature campaign violates the constitution, thereby undermining INEC’s authority and eroding the integrity of any election.
At the forum, INEC Chairman Prof. Mahmod Yakubu, said the agency is handicapped in trying to sanction the political parties and candidates for elections who organise campaigns before the stipulated time.
He said while the Electoral Act imposes a fine of ₦500, 000 on those who engaged in campaign less than 24 hours to the main election, there is no sanction in the Electoral Act 2022 for those who engage in campaign less than 150 days to elections.
Since the first quarter of the year, opposition politicians from the Peoples Democratic Party (PDP), the Coalition group and African Democratic Congress (ADC) have been holding elaborate meetings and rallies drumming support for their platforms and campaigning against President Bola Ahmed Tinubu, who has been endorsed for a second term by the All Progressives Congress (APC).
Also, groups within the ruling party have reacted by holding endorsement rallies in many states of the federation.
Premature campaign prohibited by law,
says Jega
Jega reminded the political class that the law prohibiting illegal campaigns are still in force, urging the INEC to sanction offenders.
Decrying premature campaigns , he said they undermine democratic institutions, encourage lawlessness among political actors, and give unfair political advantage to parties and candidates who are reckless and brazen in disrespecting the law.
Jega said: “Candidates or parties who begin campaigning early often gain more visibility and influence than other candidates, thereby creating an uneven playing field; reduces political competition, and ultimately escalates campaign spending.
“Similarly, premature campaigns shift focus from governance to politics, especially when incumbents engage in early campaigning, and divert attention to politicking rather than fulfilling their mandates to the electorate.
“Indeed, in the Nigerian context, premature campaigns quite often heat up the polity, increase political rivalry, as well as engenders hate speech, and ethno-religious polarization. This often triggers violence, especially in politically volatile areas, deters peaceful political participation, and weaken the enforcement mechanism to punish the offenders.
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“There are so many ways politicians exploit legal loopholes to engage in premature campaigns, such as consultative meetings, project commissioning, ceremonial events, and distribution of so-called palliatives.
“These acts ultimately make laws become ineffective; they encourage a culture of impunity, particularly for the ruling parties at all levels of governance in the federation. Similarly, premature campaigns always erode the integrity of elections, by creating perceptions of abuse of power, and complicity or duplicity of the EMB.”
He added: “To protect the integrity of the electoral process, and to nurture and enhance perception of impartiality and neutrality of the EMBS, many electoral jurisdictions not only clearly define premature campaigns in the electoral legal framework, and provide sanctions for them, they also strive to strictly penalise the crass manifestations of them, with penalties ranging from fines to imprisonment.
“Examples of countries where noteworthy efforts are made are: Australia, Mexico, Philippines, and to some extent India. Few if any African countries pay adequate attention to, especially effectively sanctioning premature campaigns. Any wonder then why there is general, global, questioning of the integrity of our electoral processes, relative to others.
“It can be said that, in the Nigerian case, much needs to be desired, both in terms of explicitly defining premature elections in the legal framework, providing for stiff sanctions for them, and in strictly imposing the sanctions.”
Jega said Nigeria can learn how election campaigns are regulated and sanctioned from other countries and draw appropriate lessons
He said “For elections to be meaningful, ‘democratic’ and beneficial to the citizens, they should have integrity: i.e. be rule-based, transparent, ‘free and fair’, and have a level-playing field for all participating political parties and candidates. Similarly, their preparation and conduct must be seen to be professional, efficient, none-partisan and impartial.
“Campaigns are very important aspects of elections. Indeed, election campaigns play a significant role in deepening democracy.
“Through these, parties and candidates advertise themselves and their ideas and positions to the electorate so that they can be chosen and elected from an array of competing parties and candidates.
“But like all aspects of elections, campaigns are also essentially rule-based; their period and duration are defined by either the provisions of the constitution and/or Acts of the legislature; and regulated by Election Management Bodies (EMBs).
“Thus, in virtually all electoral jurisdictions, the period for commencement and end of campaigns are specified. Sanctions are often provided for violations. The application of the sanctions, however, differs from one electoral jurisdiction to another.”
The former INEC boss said “to protect the integrity of the electoral process, most electoral systems require campaigns to be conducted according to the rules and regulations provided in the electoral legal framework; with due respect to the calendar of the elections.”
Jega said premature campaign offences should be carefully defined and stiff penalties specified and strictly applied.
He also said that the Economic and Financial Crimes Commission(EFCC) and Independent Corrupt Practices and Other Related Offences Commission (ICPC) should pay special attention to third-party campaigners and thoroughly interrogate their sources of funding.
Jega said “the recommendation for the establishment of Elections Offences Commission and Tribunal has become even more urgent important for consideration, and should be addressed in the next/current round of electoral reforms before the 2027 elections”.
Campaign period should be limited, says lawmaker
The Chairman of the House Committee on Electoral Matters, Adebayo Balogun (APC Lagos) rejected the notion of early campaigns, saying that it is vague.
He queried: “Is it when the governor
is commissioning a project and his supporters gather to sing his praises and show appreciation or when a lawmaker go to empower his constituents or when the opposition hold rallies to oppose government policies?
“We should search our minds whether we should be having laws in 2025 restricting campaigns. We should put behind us these practices we inherited from the military and forge democratic ideals going forward.
“The social media today cannot be controlled and sometimes, you don’t even know who is putting out posters on your behalf. So, who do you hold responsible when things like this happen? Is it the individual or the political parties.”
Egbetokun: Police ready to enforce law
The Inspector General of Police, Kayode Egbetokun, also raised the question of whether political campaigns should be regulated.
He said there is the need to bridge the gap between leaders and the people in terms of governance.
Egbetokun, who was represented by the Commissioner of Police In Charge of Election Monitoring, Adebayo Sogunle, the said every law enforcement agency is saddled with the responsibility of ensuring thf implementation of all laws passed by the National Assembly.
He said in doing that, the question has always been the relevance of such laws to the security and welbeing of the people and the nation.
He said the Nigeria Police Force will continue to enforce all laws, ensure peaceful campaign and provide security during elections.
Early campaigns worrisome, says Yakubu
Yakubu described premature campaigns as a disturbing trend, saying that the pattern should be halted.
He said Section 94(1) of the Electoral Act 2022 prohibits the commencement of campaign earlier than 150 days (i.e. 5 months) before polling day, adding that campaigns must end 24 hours prior to the poll.
Yakubu said “the idea is to prioritise governance over electioneering from one electoral cycle to another”.
The INEC Chairman said despite the provisions, “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.”
He said: “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.”
