The debate whether the endorsement of candidates for various elective positions in 2027 and other forms of promotion of preferred candidates, ahead of the party primaries and the statutorily provided timetable for campaigns, constitute election campaigns, outside the contemplation of the Electoral Act, 2026 will not abate. According to section 98(1), ‘For the purpose of this Act, the period of campaigning in public by every political party shall commence 150 days before polling day and end 24 hours prior to that day.’
Section 99(1) provides: ‘A candidate and his or her party shall campaign for the elections in accordance with such rules and regulations as may be determined by the Commission.’ Going through the sections of the Act, it appears the Electoral Act is lax on the prohibition of early campaigns. While there are ample provisions and penalties against campaigns within the last 24 hours to the election, there appears to be none against campaigns, earlier than the 150 days, before the election date.
With regards to 24 hours before polling day, section 98(2) provides that ‘a registered political party which through any person acting on its behalf during the 24 hours before polling day – advertise on the facilities of any broadcasting undertaking; or procures for publication or acquiesces in the publication of an advertisement in a newspaper, for the purpose of promoting or opposing a particular candidate, commits an offence under this Act and is liable on conviction to a maximum fine of N2,000,000.’
Again, Section 100(1) provides: ‘Any person, print or electronic medium that broadcasts, publishes, advertises or circulates any material for purpose of promoting or opposing a particular political party or the election of a particular candidate over the radio, television, newspaper, magazine, handbills, or any print or electronic media whatsoever called within 24 hours immediately preceding or on polling day commits an offence under this Act.’ Subsection 3(a) and (b) went ahead to provide a minimum fine of N3,000,000 and maximum fine of N5,000,000 for a body corporate offender, and a minimum fine of N3,000,000 and maximum fine of N5,000,000 or imprisonment for a term of 12 months or both, for an individual offender.
A very notable provision which is aimed at discouraging campaigns that can cause destabilization across the country, is Section 101, which provides: ‘A candidate, person or association who engages in campaigning or broadcasting based on religious, tribal, or sectional reason for the purpose of promoting or opposing a particular political party or the election of a particular candidate, commits an offence under this Act and is liable on conviction – to a minimum fine of N3,000,000 and maximum fine of N5,000,000 or imprisonment for a term of 12months or both; and in the case of political party to a minimum fine of N30,000,000 and maximum fine of N50,000,000.’
The absence of strict prohibition for pre-150 days campaign may explain why the season of campaign through open endorsements is upon us. As expected, there are already controversies about who is endorsing who, and who has been endorsed by the powerful interest groups. Interestingly, some of the godfathers who have been touted to have endorsed some candidates have spoken out denying any such endorsements. As expected, all eyes are on Rivers State, where the Minister of the Federal Capital Territory, Nyesom Wike, appears to be sitting comfortably, astride the two major political parties in the state.
While not mentioning names, he has stated categorically that he would not make the same mistake he made again, which has been rightly referred to as his refusal to endorse Governor Siminalaya Fubara, for a second term. The godfather however warns those spending their hand earned money on the claim that he had endorsed them, to stop wasting their time, as he noted that for now, the only person he has endorsed is the re-election of President Bola Ahmed Tinubu.
Fubara has wisely kept quiet, this time, awaiting the right time to either strike or surrender. Unfortunately, trust is like a glass, once broken, is difficult to amend. While Fubara may have betrayed Wike’s trust, before seemingly retracing his steps after President Tinubu intervened, there is no assurance that the person Wike may choose to replace Fubara will not betray him. The allure of office appears to be too tempting, for most political actors. But of course, there are still persons whose integrity is strong enough to withstand the temptation associated with high political office.
Some interests have even gone ahead to procure huge billboards, announcing their candidature for various positions, especially, the governorship elections. Some of the billboards out rightly seek the support of the people for the office the candidate will be seeking at the next general election. There have also been political rallies in several states, to promote candidates, especially for non-incumbents, who definitely need longer than 150 days to gain name recognition amongst the people.
In some states, there is eerie quietness as the lower cadre of the party awaits relevant signals from the topmost hierarchy of the party. In such states, any person who goes ahead to announce himself or herself may be accused of anti-party activity, with its consequences during the party primaries. Interestingly, the new Electoral Act made provisions for either consensus or direct primaries, as the only acceptable means to choose the candidates in the next general election. The consequence is that an unacceptable candidate amongst the majority will not emerge from the primary.
On the nomination of candidates for election, Section 84(1) provides: ‘A political party seeking to nominate candidates for election under this Act shall hold primaries for aspirants to all elective positions which shall be monitored by the Commission – the procedure for nomination of candidates by political parties for the various elective positions shall be by direct primaries or consensus.’ Section 85 bars imposition of candidates. Each party has the power to determine the guidelines for direct primaries, while under Section 87(1) the written consent and endorsement of all cleared candidates is required for a consensus candidate.
The above provision will prove a herculean task for persons or parties used to the imposition of candidates. For as provided, unless all cleared candidates sign that they approve the chosen candidate, the party must resort to direct primary, necessitating a special convention, to ratify the candidate as provided in section 87(3) of the Act. Section 88(2) provides that an aspirant who complains that any of the provisions of this Act and the guidelines of a political party have not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court for redress.’
The days ahead will be suffused with partisan contentions, for the various offices up for contest, in the 2027, general elections, which has been brought forward to January and February, 2027. Clearly, the 2026 Electoral Act, despite the hullaballoo that greeted it by a section of the media and some opposition parties, has made significant improvements for the good of our fledgling democracy.