APM LAGOS TAKES NOTE OF MAKINDE/APM LEGAL CHALLENGE IN ABIA, CALLS FOR STRICT COMPLIANCE WITH ELECTORAL LAWS IN LAGOS

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The Allied Peoples Movement (APM), Lagos State, has taken note of the suit reportedly instituted by the Governor of Oyo State and APM Presidential Candidate, Engr. Seyi Makinde, and the Allied Peoples Movement against the Abia State Government, Governor Alex Otti and other relevant authorities over the reported ₦200 million campaign billboard fee imposed on presidential candidates seeking to display campaign materials in Abia State.

The case raises important questions concerning the relationship between state regulatory powers over outdoor advertising and the constitutional and statutory framework governing political campaigns in Nigeria.

Of particular relevance is Section 99(2) of the Electoral Act, 2026, which expressly provides that:

“State apparatus including the media shall not be employed to the advantage or disadvantage of any political party or candidate at any election.”

Section 99(1) also provides that candidates and their political parties shall campaign in accordance with rules and regulations determined by the Independent National Electoral Commission (INEC).

The constitutional framework is equally significant. Paragraph 15(f), Part I of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), empowers INEC to “monitor political campaigns and provide rules and regulations which shall govern the political parties,” while Paragraph 15(a) empowers the Commission to organise, undertake and supervise federal and state elections.

Furthermore, Section 92(2) of the Electoral Act, 2026, places the maximum election expenditure for a presidential candidate at ₦10 billion. Any regulatory arrangement that has the practical effect of imposing substantial campaign-related costs therefore deserves careful examination within the overall framework of the Electoral Act.

APM Lagos acknowledges that state governments have legitimate regulatory responsibilities in relation to signage and outdoor advertising. However, such regulatory responsibilities should be exercised consistently with the Constitution, federal electoral legislation and the requirement that political parties and candidates be allowed to participate in the electoral process without discriminatory obstruction.

The Electoral Act itself reinforces this principle. Section 95(4) provides that a registered political party, aspirant or candidate shall not be prevented from holding rallies, processions or meetings for constitutional political purposes, while Section 95(1) places a duty on the Commissioner of Police to provide adequate security for the peaceful conduct of political rallies and processions.

APM LAGOS AND THE SITUATION IN LAGOS

Against this background, APM Lagos believes that the same principles of lawful political participation and equal treatment deserve careful attention in Lagos State.

APM Lagos is concerned by reports alleging that persons described as thugs have been involved in tearing down or defacing opposition campaign posters and materials in parts of Lagos. There are also allegations that some persons identified as LASSA workers may have been involved in, or assisted with, the removal or destruction of opposition campaign materials.

These are allegations which should be independently investigated and established through appropriate evidence. No individual or government agency should be accused of criminal conduct without due process.

However, if investigations establish that public officials, government personnel or private individuals are unlawfully assisting in the removal, destruction or defacement of the lawful campaign materials of opposition parties, such conduct should be addressed in accordance with the law.

The Electoral Act 2026 does not contemplate an electoral environment in which political parties are subjected to violence, intimidation or discriminatory use of state apparatus. Section 97 prohibits the use or threat of force or violence during political campaigns, while Section 99(2) prohibits the use of state apparatus to the advantage or disadvantage of any political party or candidate.

APM Lagos therefore calls on the Nigeria Police Force, Lagos State Police Command, Department of State Services (DSS), Nigeria Security and Civil Defence Corps (NSCDC), INEC and other appropriate authorities to investigate credible complaints concerning the destruction or defacement of political campaign materials and to ensure that every political party operating lawfully in Lagos State is able to conduct its campaign activities without intimidation, violence or unlawful obstruction.

We equally call on relevant authorities, including the Lagos State Government and its agencies responsible for signage and outdoor advertising, to ensure that enforcement of signage regulations is carried out uniformly, transparently and without partisan discrimination.

The issue is not whether government agencies should regulate outdoor advertising. They have legitimate regulatory responsibilities. The issue is whether those powers are being exercised consistently with the Constitution and the Electoral Act and without giving any political party an unlawful advantage over another.

APM Lagos will continue to respect the rule of law and the authority of the courts to determine the legal questions raised by the Abia case.

What is essential, however, is that the 2027 electoral process provides every legally recognised political party and candidate with the opportunity to communicate with voters and participate peacefully in the democratic process.

A level playing field is not a favour to any political party. It is a requirement of a credible democratic process.

Signed:

Ayodele Kazeem Olalekan
State Publicity Secretary
Allied Peoples Movement (APM), Lagos State

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