Governor Seyi Makinde of Oyo state and the Allied Peoples Movement (APM) have taken the Abia State Government and Governor Alex Otti to court over the alleged imposition of a N200 million mandatory campaign fee on presidential candidates. The suit, marked HC/214/2026, was filed before the High Court of Abia State by the plaintiffs through their lawyer, Musibau Adetunbi, SAN. The plaintiffs are challenging the legality of the fee, arguing that it violates the 1999 Constitution, the Electoral Act 2026, and other relevant legislation governing elections and political campaigns in Nigeria.
The plaintiffs listed Governor Alex Otti, the Abia State Attorney-General, the Abia State Signage and Advertisement Agency, and the state House of Assembly as defendants. They claimed to have become aware of the N200 million charge while preparing to commence their nationwide campaign ahead of the 2027 presidential election. Makinde and the APM argued that the fee was excessive and capable of creating an uneven environment for presidential candidates seeking to campaign in Abia State.
The plaintiffs raised six questions for the court’s determination and are seeking eight reliefs. Among them is an order setting aside regulations made by the Abia State Signage and Advertisement Agency in respect of political campaigns, including the regulation imposing a N200 million campaign fee on presidential candidates or any other amount prescribed for the same purpose. They are also asking the court to issue an injunction restraining the defendants from enforcing the campaign or signage fee.
Makinde and the APM cited Section 99(2) of the Electoral Act 2026, which prohibits the use of state apparatus or regulatory bodies in a manner that gives an advantage or disadvantage to any political party or candidate during an election. They also relied on Item F, Section 15(a) and (f) of the Third Schedule to the 1999 Constitution and Section 99(1) of the Electoral Act 2026, which vests the Independent National Electoral Commission with the power to make rules and regulations concerning political campaigns.
The plaintiffs drew the court’s attention to Section 92 of the Electoral Act 2026, which places a N10 billion ceiling on total expenditure for a presidential election campaign nationwide. They argued that the N200 million fee would become particularly burdensome if other states and the Federal Capital Territory adopted similar charges, leaving candidates with limited resources to fund other essential campaign activities.
The plaintiffs maintained that the alleged imposition of the N200 million fee was inconsistent with the constitutional and electoral framework governing political campaigns. They told the court that unless it intervened to declare the fee unlawful and restrain the defendants from enforcing it, the APM presidential candidate could suffer irreparable harm to his constitutional right to seek public office.
The case has significant implications for the 2027 presidential election, as it challenges the power of states to regulate political campaigns and impose fees on candidates. The court’s decision will determine whether the N200 million fee is lawful and whether it can be enforced in Abia State.
Key points
- The plaintiffs are seeking an order to set aside the regulations made by the Abia State Signage and Advertisement Agency.
- The N200 million fee is argued to be excessive and capable of creating an uneven environment for presidential candidates.
- The case has significant implications for the 2027 presidential election.
