The Allied Peoples Movement (APM) and its presidential candidate, Governor Seyi Makinde of Oyo State, have filed a lawsuit against the Abia State Government, Governor Alex Otti, and two others over the alleged unlawful imposition of a N200 million mandatory campaign fee. The suit, marked HC/214/2026, was filed before the High Court of Abia State. The plaintiffs argue that the fee violates the Constitution, the Electoral Act 2026, and other relevant laws.
The plaintiffs claim they learnt about the fee while preparing to commence their nationwide campaign. They contend that if every state were to impose 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 defendants listed in the suit include the state’s Attorney General, the Abia State Signage and Advertisement Agency (ABSAA), and the state House of Assembly.
The plaintiffs raised six questions for the court’s determination and are praying for eight reliefs. These include an order setting aside the regulations made by the Abia State Signage and Advertisement Agency (ABSAA) in respect of political campaigns, including the imposition of a N200 million campaign fee 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 N200,000,000 by the ABSAA is inconsistent with federal legislation, unconstitutional, null and void ab initio. They argue that the Electoral Act 2026 prohibits the employment of state apparatus or regulatory bodies to the advantage or disadvantage of any political party or candidate at an election.
The plaintiffs stated that by virtue of the 1999 Constitution and the Electoral Act 2026, INEC is the body 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. They argued that Section 99(2) of the Electoral Act 2026 strictly forbids the use of state apparatus to the advantage or disadvantage of any candidate and/or political party.
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 argued that if other states and the Federal Capital Territory (FCT) were to impose such a humongous amount, such a fee would constitute over 80 percent of the allowed statutory limit on billboards alone.
The plaintiffs warned 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 points
- The N200 million campaign fee imposed by Abia State Government has been described as unconstitutional and a violation of the Electoral Act 2026.
