Why INEC Can’t Punish Politicians Engaging In Early Campaign – Mahmood Yakubu

The Independent National Electoral Commission (INEC) has admitted that it currently lacks the “legal powers to sanction politicians and political parties engaging in premature campaigns” ahead of the 2027 general elections.

Speaking at a roundtable in Abuja on Wednesday, INEC Chairman, Prof. Mahmood Yakubu, explained that although “Section 94(1) of the Electoral Act 2022” prohibits campaigns “earlier than 150 days before polling,” the law is silent on penalties for such violations.

He added that the only sanction provided is a fine of up to “N500,000” for campaigns within “24 hours to polling day,” which he called “mild and insufficient to deter offenders.”

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Yakubu 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 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… 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…”

The INEC chairman admitted that while Nigerians expect the commission to act, the “major challenge for the Commission is the law itself.”

He added, “Section 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 engages 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 campaigns by political parties, prospective candidates and their supporters.”

Yakubu warned that the absence of sanctions has “emboldened politicians” and stressed that criminalizing premature campaigns was “necessary to safeguard the country’s electoral process.”

He expressed confidence that the National Assembly, which is currently reviewing electoral laws, will give “due consideration to actionable recommendations” from various stakeholders.

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