Governor Seyi Makinde of Oyo State and the Allied Peoples Movement (APM) have filed a suit against the Abia State Government, Governor Alex Otti, and two others over the alleged unlawful 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 through their lawyer, Musibau Adetunbi (SAN). The plaintiffs argue that the fee violates the Constitution, the Electoral Act 2026, and other relevant laws.
According to the plaintiffs, they learnt about the fee while preparing to commence their nationwide campaign. They contend that if every state imposes such a huge fee, it would be impossible for any presidential candidate to abide by the campaign funding limit imposed by the Electoral Act 2026. The claimants have listed the state’s Attorney General, ABSAA, and the state House of Assembly as defendants in the suit.
The plaintiffs have raised six questions for the court’s determination and are praying for eight reliefs. These include an order setting aside the regulations made by Abia State Signage and Advertisement Agency (ASAA) in respect of political campaigns, including the imposition of a campaign fee of N200 million on presidential candidates or any amount. They also seek an order of injunction restraining the defendants and their agents from enforcing the campaign or signage fee.
Makinde and the APM are seeking a declaration that the imposed campaign fee schedule of N200 million by ASAA is inconsistent with federal legislation, unconstitutional, and null and void ab initio. They argue that the Electoral Act 2026 prohibits the employment of state’s apparatus or regulatory bodies to the advantage or disadvantage of any political party or candidate at an election.
The plaintiffs noted that under Section 92 of the Electoral Act 2026, the total expenditure for a Presidential election campaign is strictly capped at N10 billion nationwide. They argue that if other states and the Federal Capital Territory (FCT) impose such a huge amount, the fee would constitute over 80 percent of the allowed statutory limit, making compliance with federal campaign spending limits a practical impossibility.
The plaintiffs stated that unless the court swiftly intervenes to declare the imposed fee illegal and restrain the defendants, the APM’s presidential candidate will suffer irreparable harm to his constitutional right to seek public office, and the democratic principle of a level playing field will be severely compromised. The court is yet to fix a date for the hearing of the suit.
Key to the suit is the determination of whether the Abia State Government has the authority to impose such a fee on presidential candidates. The plaintiffs argue that it is the Independent National Electoral Commission (INEC) that is exclusively vested with the power to make rules and regulations in respect of political campaigns for candidates and political parties for the purpose of elections.
Key points
- The suit filed by Makinde and APM challenges the constitutionality of the N200 million campaign fee imposed by Abia State Government.
- The plaintiffs argue that the fee violates the Electoral Act 2026 and the Constitution, and seek an order setting aside the regulations made by ASAA.
- The case highlights the tension between state regulatory powers and federal legislation governing electoral campaigns in Nigeria.
