The Allied Peoples Movement 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 N200m 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.
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 plaintiffs have raised six questions for the court's determination and are praying for eight reliefs.
The plaintiffs are seeking an order setting aside the regulations made by the Abia State Signage and Advertisement Agency in respect of political campaigns, including the imposition of the N200m campaign fee. They also want an order of injunction restraining the defendants and their agents from enforcing the campaign or signage fee and from removing, defacing, destroying, and obstructing the placement of the plaintiffs' political campaign billboard and outdoor advertisements within Abia State.
The plaintiffs argue that the imposition of the N200m campaign fee by the Abia State Signage and Advertisement Agency is inconsistent with federal legislation, unconstitutional, and null and void ab initio. They contend 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 noted that under Section 92 of the Electoral Act 2026, the total expenditure for a Presidential election campaign is strictly capped at N10billion nationwide. They argue that if other states and the Federal Capital Territory impose such a huge fee, it would constitute over 80 percent of the allowed statutory limit, making compliance with federal campaign spending limits a practical impossibility.
The plaintiffs also argue that while Section 99 of the Electoral Act 2026 guarantees political candidates the unhindered right to campaign publicly once the statutory period opens, the defendants' imposition of the exorbitant campaign fee contravenes the provisions of the Constitution and the Electoral Act 2026. They contend that state regulatory powers cannot be exercised in a prohibitive or discriminatory manner that frustrates, contradicts, or overrides an Act of the National Assembly governing campaigns for elections.
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 and destroyed.
Key points
- The Allied Peoples Movement and Governor Seyi Makinde have sued the Abia State Government over a N200m mandatory campaign fee for presidential candidates.
