LAGOS: Human rights lawyer, Femi Falana (SAN), has called on the Independent National Electoral Commission (INEC) to take tougher action against politicians already campaigning ahead of the 2027 general elections.
Speaking on Sunday Politics on Channels Television, Falana described the ongoing premature campaigns as abnormal and urged the commission to charge violators in court.
“The law cannot cover all situations. The lawmakers assumed they were dealing with a civilized political class, but that is not the case. Since they are violating the law, it is INEC’s constitutional duty to issue regulations and ensure compliance,” he said.
Falana stressed that INEC should allow courts to decide cases against offenders. “By the way, INEC is required to charge some of these politicians before the court.
Let them stand before a judge and argue there is no punishment prescribed, he added. If they disobey a court order, that amounts to contempt, and they risk going to jail.”
His comments come a week after INEC itself lamented the surge in premature campaigns by political parties.
The electoral body admitted it is constrained by existing provisions in the Electoral Act 2022. Section 94(1) of the Act allows campaigns to begin only 150 days before an election but does not specify sanctions for early violations.
INEC Chairman, Mahmood Yakubu, said this legal loophole makes enforcement difficult. There is no sanction whatsoever concerning breaches for campaigns earlier than 150 days to an election. Here lies the challenge for the Commission, he stated.
However, Falana argued that INEC has broader powers under Section 95 of the Electoral Act and the Constitution to draft regulations that curb illegality.
He emphasized that Paragraph F, Part 1 of the Constitution clearly empowers INEC to monitor campaigns in line with rules it prescribes.
INEC has not brought out rules and regulations to stop this illegality, Falana maintained. “It’s not done anywhere. Governance is now being thrown to the dogs.
With more than two years left before Nigerians head to the polls, political parties are already unveiling campaign strategies and engaging in open politicking.
Critics, including Falana, say this undermines governance and distracts from pressing national issues.
The Senior Advocate urged the electoral umpire to seek proper legal advice and act decisively to safeguard the integrity of Nigeria’s democratic process.
