By Opeyemi Adelakun
Oyo State Governor Seyi Makinde and the Allied Peoples Movement (APM) have taken Abia State Governor Alex Otti and other state authorities to court over a reported ₦200 million charge imposed on presidential candidates seeking to display campaign materials in the state.
The case, marked HU/214/2026, was filed on September 17 at the Abia State High Court, Umuahia Judicial Division. The plaintiffs are represented by a legal team led by Senior Advocate of Nigeria Musibau Adetunbi.
Other defendants in the suit are the Abia State Attorney-General, the Abia State Signage and Advertisement Agency and the Abia State House of Assembly.
Makinde and the party are asking the court to set aside regulations made by the signage agency concerning political campaigns, particularly the disputed fee or any other amount imposed on presidential candidates.
They also want a perpetual injunction restraining the defendants and their agents from collecting the charge and from removing, defacing, destroying or obstructing their campaign billboards and outdoor advertisements in Abia.
Plaintiffs cite electoral law
The claimants contend that the fee is unconstitutional and inconsistent with the Electoral Act 2026 and other applicable federal laws.
They are seeking a declaration that the charge is null and void, arguing that Section 99(2) of the Electoral Act prohibits the use of state apparatus or regulatory bodies to give any political party or candidate an advantage or disadvantage.
They further maintain that the Independent National Electoral Commission has exclusive authority to make rules and regulations governing political campaigns, relying on provisions of the 1999 Constitution and Section 99(1) of the Electoral Act 2026.
According to the plaintiffs, imposing the fee could prevent candidates who are not in government from gaining public visibility, while giving an advantage to a ruling party better placed to meet the cost.
Campaign spending limit raised
The suit also refers to Section 92 of the Electoral Act 2026, which the plaintiffs say sets a ₦10 billion ceiling on total expenditure for a presidential campaign nationwide.
They argue that if similar charges were introduced across states and the Federal Capital Territory, billboard fees alone could account for more than 80 per cent of that limit.
The claimants say such costs would leave candidates with limited funds for other campaign activities, including travel, media advertising, venue rentals, security and payments to agents across the country’s more than 176,974 polling units.
They acknowledge that states regulate outdoor advertising but argue that such powers cannot be used in a way that frustrates or overrides federal electoral legislation.
Their case also invokes Sections 1(3) and 4(5) of the Constitution, which they cite in support of the supremacy of valid federal law where it conflicts with state legislation or administrative directives.
Nationwide campaign preparations cited
In a supporting affidavit, Aisha Abdullahi Abubakar, identified as APM’s National Welfare Officer, said the plaintiffs learnt of the charge while preparing for a nationwide campaign tour covering the 36 states and the FCT.
The plaintiffs maintain that without court intervention, the fee could cause irreparable harm to their right to seek public office and undermine the principle of a level playing field for candidates.
The suit asks the court to determine the legality of the disputed charge and grant the reliefs sought by Makinde and the APM.
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