The recent spate of endorsements about two years before elections has generated arguments in the polity. BIYI ADEGOROYE, in this analysis looks at the issue in comparison with the Electoral Act.
With the next general election about two years away, it was expected that campaign activities would be kept in abeyance. That is in conformity with the Electoral Act 2022, to the effect that political campaign activities would only commence about 150 days to the elections and after the conduct of party primaries.
Specifically, under Limitation on Political Broadcast and Campaign by Political Parties, Section 94.(1) “For the purpose of this Act, the period of campaigning in public by every political party shall commence 150 days before polling day and end 24 hours prior to that day. (2) A registered political party which through any person acting on its behalf during the 24 hours before polling day— (a) advertises on the facilities of any broadcasting undertaking; or (b) procures for publication or acquiesces in the publication of an advertisement in a newspaper, for the purpose of promoting or opposing a particular candidate, commits an offence under this Act and is liable on conviction to a maximum fine of N500,000.”
But recent activities of the All Progressives Congress (APC) in particular, have flagrantly violated these provisions with subtle rallies in the North-East and South-South. At both venues one of which sparked a row, the party adopted President Bola Tinubu as its sole candidate in the 2027 elections.
At a meeting, a subtle campaign, in Gombe, Gombe State, mid-June, thousands of politicians, including then APC chairman, Abdulahi Ganduje, endorsed President Bola Ahmed Tinubu and Vice President Kashim Shettima for re-election in 2027.
However, the endorsement was not unanimous as the APC national vice chairman (North-East), Mustapha Salihu, refused to endorse Shettima alongside the president; a development that led to a rowdy session during the meeting.
Last weekend in Benin City, the South-South zone of the APC officially endorsed President Bola Ahmed Tinubu as its sole presidential candidate for the 2027 general election. And in a move aimed at consolidating the party strength in the region, the APC also adopted the four serving governors in the zone as sole candidates for their respective governorship elections in 2027.
Governor Bassey Edet Otu of Cross River State, who also serves as the APC South-South Zonal Coordinator, and Governor Monday Okpebholo of Edo State. However, Okpebholo’s next governorship election will be held in 2028 due to his off-cycle victory in the 2024 Edo governorship election, which took place on September 21, 2024.
The blanket endorsement also covers Governor Sheriff Oborevwori of Delta State and Governor Umo Bassey Eno of Akwa Ibom State—both of whom recently defected to the APC from the opposition Peoples Democratic Party (PDP).
Presiding was Senate President, Godswill Akpabio, the chief lawmaker of the country and APC leader in the zone, along with the APC Acting National Chairman, Alhaji Ali Bukar Dalori. The programme was aired live on national television.
The host, Governor Monday Okpebholo not only described South-South as the chicken that lays the golden eggs, he urged the remaining two governors in the zone to come on board the APC ship, so that the South-South could be united and speak with one voice.
A resolution to that effect was formally presented by Chief Victor Giadom, APC’s National Vice Chairman for the South-South. This was followed by the motion for the adoption moved by the Majority Leader of the House of Representatives, Professor Julius Ihonvbere, and seconded by Senator Adams Oshiomhole, who represents Edo North Senatorial District.
In Nasarawa, in the North Central, APC Stakeholders the APC unanimously endorsed President Tinubu for second term, but also gave a node to Governor Abdullahi Sule to represent the zone at the Senate come 2027! The stakeholders also endorsed Hon. J. J Umaru, member representing Akwanga/Wamba/Nasarawa-Eggon Federal Constituency for another term.
Between endorsement and campaign
But to a former National Vice Chairman of the All Progressives Congress, (APC), Barr. Bankole Oluwajana, the series of endorsements do not constitute a campaign. According to him, endorsement is internally while campaign is external. Quoting a source, he said: “Political campaigning is where political parties, candidates and campaigners try to persuade you to vote for them. They normally do this by talking about their policies in the run up to elections, but campaigning can take place all year round.
“Campaigning is an important and useful part of helping you choose who to vote for…Although campaigning is mostly done by election candidates, political parties, and their teams, you might see other groups campaigning for a political party or candidate. Campaigning can be a range of things. You might have seen posters on lampposts or in a neighbour’s window. Or maybe you’ve noticed leaflets being posted to your home or handed out in the street.”
But not a few Nigerians and lawyers see development in the polity as an aberration. For instance, Dr. Benson Enikuomehin, a lawyer of over 20 years post-call experience, described it as such. He said: “Today, aberration appears to be the order of the day of the present administration, that things that are wrong will always be clothed with eminence of wisdom, which is quite unfortunate.”
Resorting to an analogy, he added, “Now, if a man has a football on his feet, and he is very close, facing an empty goal post, with his challenger about 50 metres away from him, why will he be afraid and kick the ball over the bar? Or why will he want to bend, pick the ball and throw it into the net? He doesn’t need it.”
He wondered why a party in the saddle would be jittery if it is doing well, anything to the contrary, he said smacks of desperation. “Why are they in a hurry? It tells me that there is a lot that is going on in their mind, or possibly, they are jittery, and that can only be it. No wonder they go ahead with endorsements at the party level.”
Enikuomehin added that Nigerians who will do the voting don’t believe in or get swayed by endorsement. “Was Goodluck Jonathan not endorsed- kings and all manners of people endorsed him. But when Nigerians rejected him, they did so with over three million votes.”
He recalled that whereas the law stipulates that campaigns can only start 150 days before election, it is incredible that the APC government has started to campaign over 500 days before the next election. “The action is an injury to democracy and rule of law. Therefore, it is an aberration, its uncalled for, and unnecessary,” he said.
Another lawyer who did not want to be named stated that more saddening was the fact that the dramatic personae in this violation are top lawmakers. “In the Edo, even the President of the Senate, Godwill Akpabio, many senators were there. Yet they not only allowed such to take place but they played active roles in the activities. It goes to show that the fact that a man is a king would not necessarily make him a wise person.”
Dr Ekinuomehin asserted that the government officials are aware of the codified laws, read but still trample on them. “The Senate President should be advised to do the right thing and call others to order and tow the part of honour by following the laws of the land.
“They should go by the laws, the innate animalistic conduct in them, some even read the laws but chose to trample upon it. It is very unfortunate and sad. It speaks volumes about the people leading the country. The Senate President should know that on the day of the election, he is going to be in his Polling Unit and not at the state headquarters. Hence there is a need for him to do the right thing,” he said.
INEC should speak out
Observers have also blamed the development on the failure of the election empire, INEC, to sanction erring politicians. According to them, the Electoral Act which stipulates the offence also empowers INEC to discipline erring politicians. “Politicians and political parties will stop at nothing to gain popularity and woo the electorate, but it is the duty of INEC to sanction them” another lawyer who does not want to be named said.
He added that the glaring failure in recent times may have emboldened politicians to carry on their activities with impunity, adding “Up till now, there is nothing one record to the effect that INEC has questions or warned the political party of the infraction, and this is very disturbing.”
Enikuomehin, quoted earlier added that INEC shouldn’t be silent about the flagrant violation of the electoral laws, rather he wants the electoral umpire to call them to order. “INEC should speak out, but if it has spoken and they insist on violating it, that will be another kettle of fish altogether.
“I want to believe that it behooves on Prof Mahmood Yakubu, who will be leaving office in October or November this year, to assert his powers, or what he has not been able to assert before now by speaking out, so that we can remember him for speaking out against this illegal behaviour.”
Another lawyer seems to tow the path of Enikuomehin, stating that Nigerian politicians have proven their little or no regard for the laws of the land, “Look at the issue of suspending lawmakers. Despite the avalanche of judicial precedents in the cases of Senators Dino Lelaye, Ali Ndume, Omo-Agege and Abdul Ningi, to the effect that the suspension of a lawmaker cannot last for more than 14 days, the current Senate has suspended Natasha Akpoti-Uduaghan for six months.” With these shades of opinions, how this law will be interpreted lies with the judiciary and in the womb of time.
