Human rights attorney Femi Falana has urged the Independent National Electoral Commission (INEC) to enforce stricter regulations on early campaigning, advocating for the prosecution of offenders in court.
Falana made his remarks on Sunday, characterizing the pre-2027 election campaigns as irregular.
“The law cannot address every scenario. The legislators believed they were engaging with a civilized political class. This is not the case. Now that they are breaching the law, it becomes a responsibility — authorized by the Constitution and the Electoral Act — to establish rules and regulations.
“Moreover, INEC is obligated to take some of these individuals to court. They should appear in court and state, ‘Apologies, my Lord, there is no provision for punishment,'” Falana, a Senior Advocate of Nigeria (SAN), stated during Sunday Politics.
“Failure to adhere to a court order constitutes contempt, and one may face imprisonment,” he informed the host, Seun Okinbaloye.
INEC Chairman Mahmood Yakubu
Recently, INEC expressed concern over the early campaigning activities of political parties in anticipation of the upcoming elections.
However, the electoral body indicated that it is constrained, implying it lacks the authority to prosecute violators.
Referencing Section 94(1) of the Electoral Act 2022, which defines the 150-day campaign period, the commission’s chairman, Mahmood Yakubu, disclosed that “there are no penalties whatsoever for violations of campaigning prior to 150 days before an election. This presents a challenge for the Commission.”
Nonetheless, Falana is calling for INEC to devise strategies to address this “illegality.”
“Section 95 grants INEC the power to formulate rules and regulations,” the esteemed legal expert remarked on the program.
“The Constitution, Paragraph F, Part 1, mandates the monitoring of campaigns in accordance with the rules and regulations set forth by INEC. Therefore, INEC has yet to establish rules and regulations to prevent this illegality.”
With more than two years remaining before the 2027 election, political parties are already strategizing and campaigning for the event, raising alarms about the violation of the law.
Falana asserts that the action has circumvented governance, urging INEC to obtain legal counsel regarding the issue.
“Such practices are not observed elsewhere. Therefore, governance is being disregarded,” he remarked.
