Governor Seyi Makinde of Oyo State and the Allied Peoples Movement (APM) 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 on presidential candidates. The plaintiffs, represented by lawyer Musibau Adetunbi (SAN), claim the fee violates the Constitution, the Electoral Act 2026, and other relevant laws. They argue that such a huge fee would make it impossible for presidential candidates to abide by the campaign funding limit imposed by the Electoral Act 2026.
The plaintiffs, in the suit marked HC/214/2026, filed before the High Court of Abia State, are seeking an order to set aside the regulations made by the Abia State Signage and Advertisement Agency (ASAA) in respect of political campaigns, including the imposition of the N200 million 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 their political campaign billboards and outdoor advertisements within Abia State.
The plaintiffs have presented six questions for the court to determine, including whether the imposed campaign fee schedule of N200,000,000 by the ASAA is inconsistent with federal legislation, unconstitutional, and null and void ab initio. They argue that the fee contravenes the Electoral Act 2026, which prohibits the employment of state apparatus or regulatory bodies to the advantage or disadvantage of any political party or candidate at an election.
According to the plaintiffs, the imposition of the N200 million campaign fee by ASAA is in contravention of the principle of a level playing field for all contestants and political parties. They stated that by virtue of Item F, Section 15(a) and (f) of the Third Schedule of the 1999 Constitution (as amended) and Section 9(1) of the Electoral Act 2026, the Independent National Electoral Commission (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.
The plaintiffs learned about the fee while preparing to commence their nationwide campaign. They claim that if every state was 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 in the suit are the Abia State Government, Governor Alex Otti, the Abia State Attorney-General, and the State House of Assembly.
The court is expected to determine whether the ASAA's imposition of the N200 million campaign fee is lawful. The plaintiffs are seeking a declaration that the fee is unconstitutional and null and void. They are also seeking an order to restrain the defendants from enforcing the fee and from interfering with their campaign activities in Abia State.
The suit is significant, as it challenges the powers of state governments to regulate political campaigns. The outcome of the case could have implications for future elections in Nigeria. The court's decision will determine whether state governments can impose fees on presidential candidates for campaign activities.
Key points
- The plaintiffs argue that the N200 million campaign fee is unconstitutional and contravenes the Electoral Act 2026.
- The plaintiffs are seeking an order to restrain the defendants from enforcing the fee and from interfering with their campaign activities in Abia State.
- The outcome of the case could have implications for future elections in Nigeria.
