Falana Urges INEC to Prosecute Early Campaign Offenders, Says Constitution Empowers Strict Enforcement
Human rights advocate and Senior Advocate of Nigeria (SAN), Femi Falana, has urged the Independent National Electoral Commission (INEC) to adopt a firmer stance against premature electioneering. He called on the Commission to prosecute political actors who flout the law by engaging in campaigns ahead of the legally prescribed period.
Speaking on a televised programme on Sunday, Falana described the ongoing political campaigns for the 2027 general elections, more than two years away as “abnormal” and contrary to the spirit of the Electoral Act.
According to him, “The law cannot cover all situations. The lawmakers thought they were dealing with a civilized political class. No. Now that they are violating the law, it becomes a duty empowered by the Constitution and the Electoral Act to bring out rules and regulations.”
Falana further insisted that INEC has the constitutional mandate to arraign offenders before competent courts. “Let them come to court and say, ‘Sorry, my Lord, there is no provision for punishment,’” he remarked, stressing that disobedience to court orders amounts to contempt, which attracts custodial sanctions.
His comments follow INEC’s recent expression of concern over the surge in early campaigns by political parties. The Commission, however, maintained that its hands are tied, citing the absence of explicit sanctions in the Electoral Act for such breaches.
INEC Chairman, Professor Mahmood Yakubu, referenced Section 94(1) of the Electoral Act 2022, which stipulates that campaigns must commence no earlier than 150 days before an election. He noted that “there is no sanction whatsoever concerning breaches for campaigns earlier than 150 days to an election,” describing this as a major challenge for the Commission.
Falana countered this position, pointing to Section 95 of the Act, which empowers INEC to issue rules and regulations to guide political conduct. He also cited Paragraph F, Part 1 of the Constitution, which mandates the Commission to monitor campaigns in line with its prescribed regulations.
The SAN warned that the current trend of premature politicking undermines governance, as political actors divert attention from their constitutional duties. “It’s not done anywhere. Governance is being thrown to the dogs,” he lamented, urging INEC to seek legal advice and take proactive measures to halt the illegality.
In a related development, the Socio-Economic Rights and Accountability Project (SERAP) has written to INEC, demanding the identification and prosecution of politicians and parties engaged in early campaigns. In its letter dated September 13, 2025, signed by Deputy Director Kolawole Oluwadare, SERAP described such actions as “unconstitutional and illegal,” warning that prolonged electioneering could harm economic development.
