A former federal lawmaker, Dachung Bagos, has challenged the Independent National Electoral Commission (INEC) to demonstrate independence by sanctioning President Bola Tinubu and his supporters over campaign billboards that bear the words “Vote Tinubu 2027,” months before the legally approved campaign window.
Mr Bagos, a former member representing Jos South/Jos East Federal Constituency of Plateau State, threw the challenge on Thursday while speaking on AIT Focus.
The lawmaker argued that Section 94 of the Electoral Act 2022 clearly prohibits early campaign messages that explicitly solicit votes, insisting that INEC must set the tone for credible 2027 general elections by cautioning the president, otherwise it risks being perceived as partisan.
What the law is specifically against
Section 94 of the Electoral Act, 2022, stipulates that campaigns begin 150 days before the election, but the race appears to have commenced after the 2023 general election.
Public declarations of interest for the 2027 general elections by politicians are commonplace on national television and at several fora, while political groups and parties are endorsing their preferred candidates ahead of the elections.
Also, campaign banners have been hoisted in different Nigerian cities, including in Abuja, with some carrying an inscription “vote for,” which is a violation of the law.
Explaining the position of the law, Mr Bagos said the law does not forbid consultations, town hall meetings, but it is only against when someone puts “vote for” in it.
“The law is against using the word ‘vote for,’ so any early discussions in campaign posters that talk about ‘vote for’ are the only things that the law talks about.
“That is why you see in Abuja today that someone put the banner and poster of the president without adding vote for. They just put their 2027, so it is now left for you to interpret what 2027 is talking about,” he said.
The programme producer showed a campaign advertisement on the screen that reads “Vote Tinubu 2027” with a picture of the president and his wife.
Mr Bagos said, “With that (word) ‘vote,’ it is against the law, in Section 94. Whosoever, either the candidate or the party that puts that, INEC is supposed to have sanctioned this person.
“If it is the president and there is no logo of the party because of the vote alone, INEC is supposed to sanction the president and caution him.
“Let’s see INEC writing to the president and cautioning him to show they are independent. If truly INEC is independent, they should start by setting an example. Already, there is evidence. There is a billboard that already says vote. In as much as there is no APC (logo), but there is a picture of the president and vice president.
“Let’s see INEC take it from that angle, writing to the president, cautioning him to caution his supporters and party about this,” Mr Bagos said.
He argued that if a new strong opposition candidate comes up and puts his billboards everywhere, the commission will start implementing the law.
“Who put up these posters that are against the Electoral Act? The advertising agencies. I expect that the first stakeholders meeting that INEC should have is with the Advertising Registration Council of Nigeria,” he said.
INEC chairperson speaks
Speaking in a video aired by the same television channel, INEC Chairperson Mahmood Yakubu, said the law does not stipulate punishment for violators.
According to a statement posted on the commission’s Facebook page on Wednesday, the commission chairperson stated this at a stakeholders’ dialogue on the menace of premature campaigns, where he sought an urgent legislative remedy
“Section 94 (2) (3) imposes sanctions, a maximum of N500,000 on conviction on any political party or a person acting on its behalf who engages in campaigns 24 hours before the polling date,” Mr Yakubu said in the video.
“However, there is no sanction, there is no sanction whatsoever, in respect of breaches for campaigns earlier than 150 days, and here lies the challenge for the commission in dealing with early campaigns, by parties, prospective candidates, and their supporters.
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“The problem of early campaigns in Nigeria is not new; the seeming inability of the commission and other regulatory agencies to deal with the menace within the ambit of the existing legal framework calls for deeper reflection.
“It is in this context that the commission considers it appropriate to convene the meeting with legislators, leaders of political parties, law enforcement agencies, civil society organisations, experts, practitioners, and regulators to brainstorm on the way forward,” Mr Yakubu said.
