SERAP to INEC: Punish early campaign offenders or face legal action

The Socio-Economic Rights and Accountability Project (SERAP) has warned the Independent National Electoral Commission (INEC), demanding the prosecution of politicians and political parties engaged in early election campaigns.

In a letter addressed to the INEC Chairman, Professor Mahmood Yakubu, SERAP argued that the electoral body is not powerless and must enforce constitutional provisions that prohibit early campaigns.

The organisation’s ultimatum comes just days after INEC expressed concern over the issue, lamenting that it undermines its ability to monitor campaign finance.

However, INEC also claimed no sanctions for such violations, a position SERAP has rejected.

Dated September 13, 2025, the letter, signed by SERAP’s deputy director, Kolawole Oluwadare, challenged INEC’s stance, asserting that the commission’s constitutional and statutory mandates empower it to penalise electoral offences, including early campaigning.

According to SERAP, “INEC constitutional and statutory mandates extend to sanctioning or penalising electoral offences, including early election campaigns.”

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The group contends that early campaigns are not only unconstitutional but also illegal, and that by failing to act, INEC is effectively condoning these breaches.

The letter highlighted that political parties and politicians began campaigning almost immediately after the 2023 general elections, in violation of the legal requirement that campaigns should commence only 150 days before the 2027 polls.

SERAP’s letter detailed the significant adverse effects of early campaigning on the nation’s development and democratic principles.

The organisation points out that prolonged electioneering leads to a prolonged electioneering frenzy that negatively impacts economic progress.

The group also alleged that several state governors are using the fuel subsidy windfall for early campaigns instead of prioritising social and economic development.

This diversion of public funds, SERAP claimed, occurs despite the country’s dire socio-economic statistics: a N28.78 trillion increase in FAAC allocations in 2024, yet Nigeria ranks 130th out of 141 countries for infrastructure quality, and over 129 million Nigerians live in extreme poverty.

Additionally, while the minimum wage has been increased to N70,000, many state governors are reportedly failing to pay the new rate.

SERAP gave INEC a seven-day ultimatum to identify, monitor, and prosecute the offenders.

The organisation’s letter outlined specific legal tools INEC can use to enforce compliance, including: Section 83 of the Electoral Act which allows INEC to seek information from political parties on how they are complying with campaign regulations and to direct them to cease early campaigns; Section 83(4) of the Electoral Act which empowers INEC to impose sanctions on parties and candidates who fail to comply with its directives; Section 225 of the Nigerian Constitution which gives INEC the authority to demand the sources of funding for political parties and candidates’ early campaigns.

By failing to act, SERAP warned, INEC would create a culture of impunity and violate fundamental rights, including the right to free and fair elections and sustainable development.

The organisation insisted that the 150-day window before an election is sufficient for campaigns, and that “the drafters of the Nigerian Constitution and the Electoral Act never contemplated that the political season would be a continuous exercise.”

NIGERIAN TRIBUNE