AS Nigeria counts down to the first round of the 2027 general election on January 16, 2027, political candidates have already begun campaigning more than 150 days before that date, alarming election integrity and fairness advocates. While stakeholders commonly believe the premature campaigns violate the law, PHILIP IBITOYE reports that this may not necessarily be the case and that the electoral umpire is powerless either way.
BY the sea of political campaign billboards on almost every major road in the country, one could be forgiven for believing that the Independent National Electoral Commission (INEC) had greenlit public campaigning. But that is not so.
One then begins to get the impression that politicians who already have their billboards up more than 150 days before the election day are either unaware that this practice is ostensibly prohibited by the Electoral Act and INEC guidelines or they just do not care about the rules. Or maybe they are aware that the laws on the book are a paper tiger that could not bite and they have intentionally engineered the process to make it so. Legal analysts who spoke with Sunday Tribune wager that the latter is likely the case.
According to INEC’s current timeline for the 2027 elections, public campaigns by political parties do not start until August 19, just over three weeks away. Section 98(1) of the Electoral Act mandates that public political campaigns begin 150 days before polling day. On that basis, Presidential and National Assembly campaigns commence Saturday, August 19, 2026, 150 days ahead of election day on January 16, 2027. Campaigns for Governorship and Houses of Assembly begin September 9, 2026, 150 days ahead of the February 6, 2027 polls.
Despite these restrictions, election campaigning is in near-full swing across the country. Most politicians have yet to hold full-scale rallies or take to the airwaves, but billboards soliciting voters’ support are already up in strategic locations. Legal analysts and other stakeholders generally agree that such billboards amount to campaigning.
In an interview with Sunday Tribune, the Executive Director of YIAGA Africa, an influential non-profit advocating for election integrity in Nigeria, Samson Itodo, said that where the dominant purpose of a billboard is to solicit electoral support, it falls within the realm of campaigning, regardless of how it is framed.
‘My view is that campaign billboards urging voters to support a candidate before the official commencement of campaigns amount to premature campaigning,’ Itodo said.
A Sunday Tribune investigation found that across most state capitals in the country, there are billboards asking voters to back the presidential candidates of all the major political parties: All Progressives Congress (APC), President Bola Tinubu; African Democratic Congress (ADC), Atiku Abubakar; Nigeria Democratic Congress (NDC), Peter Obi; Allied Peoples Movement (APM), Seyi Makinde, among others. There are also billboards of other politicians seeking other elective positions in the national and state assemblies.
Notably, while these billboards indicate the political parties sponsoring the candidates, they are mostly put up courtesy of support groups and third parties. According to legal analysts who spoke with Sunday Tribune, that distinction is decisive. Section 98(1) of the Electoral Act 2026, which governs the pre-election campaign timeline, states: ‘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.’
The plain text of the law is directed explicitly at ‘every political party’ and no other entity. According to Abuja-based lawyer Ibrahim Eleja, that means the law applies only to political parties, excluding candidates and their support groups. ‘The express mention of a thing is to the exclusion of another. The Act specifically provides for every political party. So, me as an individual can put up a campaign billboard, and nothing is going to happen because the law does not prohibit me from doing so,’ Eleja told Sunday Tribune.
Without a law prohibiting political candidates and third parties from campaigning early, legal analysts say, they are violating no law, leaving stakeholders who consider the practice harmful to the democratic process without recourse.
Failure of the lawmaking process?
Nearly a year ago, on September 10, 2025, then-INEC chairman, Mahmood Yakubu, described the trend of premature campaigning as ‘disturbing,’ but explained that the commission was handicapped in dealing with it.
Speaking at a roundtable on the challenges of premature political campaigns, held at the Electoral Institute in Abuja, Yakubu noted that the commission was then operating under the Electoral Act 2022, whose Section 94(1) prescribed no punishment for political parties that campaigned earlier than 150 days before an election. Section 94(2) of that now-defunct Act did prescribe a ?500,000 fine for campaigning during the 24 hours before election 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,’ he said at the time.
Yakubu stressed that criminalising premature campaigns was necessary to safeguard the country’s electoral process.
He added: ‘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 advertising, including outdoor advertising.’
By October 7 – less than a month later – Yakubu was out of office, replaced by Joash Ojo Amupitan, SAN, a professor of law, complicating the prospects of the reforms he had sought. When the National Assembly passed the amended Electoral Act 2026 in February, the only notable change to the provisions on premature campaigns was in the new Section 98(2), which raised the fine for campaigning during the 24 hours before polling day from ?500,000 to ?2,000,000. The new Section 98(1), meanwhile, remained as toothless as its predecessor, Section 94(1), prescribing no punishment for campaigning earlier than 150 days before election day.
According to Eleja, lawmakers must have been aware of this gap: they raised the fine for campaigning in the final 24 hours before polling but left early campaigning unpunished. ‘Politicians are wise. They know what they are doing. They know that there is a lacuna in the statutory statement, and they are taking advantage of it. And they are not ready to make amendments to it,’ he said, suggesting lawmakers left the provision toothless deliberately.
Eleja noted that the implication is that even political parties explicitly barred from premature campaigning face no punishment for doing so, because the law prescribes none. He cited the landmark 1961 case Aoko v. Fagbemi, which established the constitutional principle that no person can be convicted of a criminal offence unless that offence is defined, and its penalty prescribed, in a written law. ‘The law must stipulate punishment for an offence,’ Eleja said.
Another Abuja-based lawyer, Najib Usman, said the electoral umpire is not currently equipped to prevent or punish premature campaigns, since the law does not extend that authority to the commission.
Is INEC toothless or just complicit?
In an interview with Sunday Tribune, APC national spokesperson, Felix Morka, said INEC is a regulatory body. ‘We in APC, we don’t second-guess INEC. We respect the authority of INEC to do what it thinks is in the best interest of the process and of the parties,’ Morka said.
But what is a regulatory body with incomplete-at-best regulatory powers? Even INEC concedes it is powerless to stop candidates and their agents from campaigning prematurely, because lawmakers have determined it unworthy of that power. The commission believes prohibiting premature campaigns serves the process, but it can do nothing to enforce that belief.
The commission’s Director of Voter Education and Publicity, Victoria Eta-Messi, said the commission was aware of the rise in political activity but acknowledged that INEC lacks the legal authority to stop parties or aspirants from erecting billboards or holding consultations ahead of the official campaign period.
Eta-Messi disclosed that the issue had featured prominently at a recent stakeholders’ summit involving political parties, the Advertising Regulatory Council of Nigeria (ARCON), the Nigerian Bar Association (NBA), media organisations, and other relevant bodies.
According to the INEC spokesperson, while the commission fixed the campaign timetable in line with the Electoral Act, ‘the enforcement of activities regarded as premature campaigns remains outside the commission’s statutory powers.’
But should enforcement be outside INEC’s statutory powers as a regulator? Most lawmakers – and President Tinubu, who assented to the governing law – appear to think so. Many stakeholders do not.
The costs of premature campaigning
In April, human rights lawyer and Senior Advocate of Nigeria (SAN), Mr Femi Falana, called for the immediate suspension of ongoing political campaigns, warning that premature politicking was undermining governance and worsening insecurity across the country.
‘We are compelled to call on the relevant authorities to halt further political campaigns in strict compliance with the provisions of the Electoral Act,’ Falana said, addressing INEC, the Nigeria Police Force, and the State Security Service. He relied on Section 98(1) of the Electoral Act 2026, though other legal observers see no enforcement mechanism in that provision.
Beyond governance costs, Yakubu noted that premature campaigns undermine INEC’s ability to track campaign finance limits, as politicians, prospective candidates, and third-party agents spend large, effectively unmonitored sums before the official campaign period begins.
Itodo told Sunday Tribune that premature campaigning also undermines the principle of a level playing field, giving some candidates, especially incumbents, an unfair advantage in visibility, name recognition, and voter influence ahead of the legally prescribed campaign period.
‘It also weakens respect for the electoral legal framework. The law exists to ensure that all candidates begin the formal contest on equal footing, and compliance should be expected of everyone, irrespective of political status or resources,’ he said.
A loophole nobody is in a hurry to close
What emerges from all this is a regulator that can name the problem but not touch it; not for lack of will, but for lack of law. INEC did not write the Electoral Act 2026; the National Assembly did, with the president’s assent.
And when lawmakers had the chance to close the gap the former INEC chairman had publicly called ‘disturbing’, they instead raised the fine for the one violation that was already the easiest to enforce: campaigning in the final 24 hours. They, however, left the far more consequential one – months of unregulated spending and incumbency advantage – without any penalty at all.
Whether that omission was oversight or design is a question for the National Assembly to answer. Its practical effect, though, is not in dispute: billboards will keep going up, incumbents will keep converting public office into greater name recognition, and INEC’s campaign calendar will remain, for all official purposes, more suggestion than law. Until lawmakers write a penalty into Section 98(1), Nigeria’s premature campaign season will simply be politics as usual; premature and entirely legal.