SERAP Threatens Legal Action Against INEC Over Early Campaigns

The Socio-Economic Rights and Accountability Project (SERAP) has issued a seven-day ultimatum to the Independent National Electoral Commission (INEC) to sanction political parties and politicians engaging in early election campaigns or face legal action.


In a letter dated September 13, 2025, and signed by its Deputy Director, Kolawole Oluwadare, SERAP urged INEC Chairman, Professor Mahmood Yakubu, to strictly enforce constitutional and statutory provisions prohibiting premature campaigns ahead of the 2027 general elections.


SERAP warned that failure to act would create a culture of impunity among political actors and undermine Nigeria’s democracy, rule of law, and citizens’ rights to free and fair elections.


“INEC is not helpless when political parties, candidates, and other politicians contravene the legally prescribed period for election campaigns.


“Early election campaigns are unconstitutional and illegal. INEC must act decisively to prevent the erosion of our electoral process,” the group stated.


Last week, INEC raised concerns about the growing trend of premature campaigns, noting that they hinder its ability to monitor campaign spending. 


The commission, however, claimed there was no clear sanction for such violations under existing laws.


Reacting, SERAP insisted that INEC has both constitutional and statutory powers to sanction offenders and must not condone violations.


The organisation cited Section 94(1) of the Electoral Act, which stipulates that campaigns should commence 150 days before polling day and end 24 hours before the election. 


It also referenced Paragraph F, Part 1 of the Third Schedule to the Constitution, empowering INEC to monitor political campaigns and provide rules and regulations which shall govern political parties.


“By failing to act, INEC would be giving legitimacy to political parties, candidates, and politicians who are blatantly violating these laws,” SERAP warned.


SERAP also accused several state governors of diverting resources meant for public welfare into premature political activities.


“Several state governors seem to be using fuel subsidy windfalls for early election campaigns rather than investing in education, healthcare, and infrastructure,” the group alleged.


“Despite an increase in revenue, many governors have failed to improve social services or pay the new minimum wage of ₦70,000,” the group stated.


According to SERAP, the Federation Account Allocation Committee (FAAC) disbursed ₦28.78 trillion to the three tiers of government in 2024, a 79 per cent increase compared to ₦16.28 trillion in 2023.


Yet, Nigeria ranked 130th out of 141 countries in infrastructure quality, while over 129 million citizens live in extreme poverty, according to a joint report by the World Bank and the National Bureau of Statistics (NBS).


“Politicians are hoisting campaign banners across the country instead of focusing on good governance and poverty alleviation,” the letter read.


SERAP demanded that INEC take concrete action within seven days, including: Monitoring political parties and candidates to ensure compliance with campaign regulations, issuing clear directives to halt premature campaigns immediately, and sanctioning defaulters, as provided under Section 83(4) of the Electoral Act, demanding financial disclosure of campaign funding sources under Section 225 of the Constitution.


The organisation emphasised that early campaigns violate not only electoral laws but also Chapters 2 and 4 of the Nigerian Constitution, which guarantee economic, social, and political rights.


“These premature campaigns erode transparency, fairness, and impartiality.


“They also facilitate the diversion of public resources, disrupt essential services, and give undue advantage to incumbents,” SERAP stated.


SERAP argued that INEC’s failure to act would amount to a breach of its constitutional duty to promote free and fair elections.


The group noted that early campaigns violate citizens’ rights to equality and equal protection of the law, create conflicts of interest, as public officers misuse state resources for political gain, and undermine sustainable development and public trust in governance.


The letter concluded with a strong warning, thus: “If we do not receive a satisfactory response within seven days, SERAP shall take all appropriate legal actions to compel INEC to fulfil its obligations in the public interest.”


Following the 2023 general elections, several political parties and politicians reportedly began preparing for the 2027 elections, in some cases launching campaigns immediately after the last polls.


Though INEC had yet to release its official timetable for the 2027 elections, SERAP maintained that 150 days before the election date provides sufficient time for political actors to seek votes legally.


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