Abia N200m Campaign Fee Lawsuit: Makinde Challenges State's Demand

• Oyo State Governor Seyi Makinde and the Allied Peoples Movement (APM) have sued Abia State Governor Alex Otti and state agencies over a N200 million campaign fee.
• The lawsuit, filed in Abia State High Court (HU/214/2026), challenges the constitutionality of the fee for displaying presidential campaign materials.
• Plaintiffs argue the fee violates the Electoral Act 2026, including Section 99(2), and federal supremacy over campaign regulations.
• They contend the fee unfairly disadvantages non-incumbent candidates and could consume a disproportionate share of the N10 billion national campaign expenditure cap.
• The case seeks to nullify the regulations, prevent fee enforcement, and protect the right to a level playing field in elections.

The outcome of this Makinde APM sue Abia Governor Otti case could therefore set a crucial precedent for the balance of power between state and federal electoral laws.

A significant legal challenge has been mounted against the Abia State government regarding an alleged N200 million campaign fee imposed on presidential candidates seeking to display their campaign materials within the state. The lawsuit, initiated by Oyo State Governor Seyi Makinde, who is also the presidential candidate for the Allied Peoples Movement (APM), and the APM itself, names Abia State Governor Alex Otti, the Abia State Attorney-General, the Abia State Signage and Advertisement Agency (ABSAA), and the Abia State House of Assembly as defendants.

The plaintiffs contend that this substantial fee is unconstitutional and violates various provisions of the Electoral Act 2026, alongside other pertinent laws. The legal action, identified by case number HU/214/2026, was formally filed on September 17 at the Abia State High Court, Umuahia Judicial Division. Legal representation for Makinde and the APM is provided by Musibau Adetunbi, SAN, leading a team from Musibau Adetunbi, SAN & Co., Ibadan, which includes Ire Egert-Olusesi, Ridwan Azeez, Oluwabusola Oluwaniyi, and Joseph Lukman. The court has directed that all four defendants be served with the legal documents within 30 days of the filing.

Among the key reliefs sought, the plaintiffs are asking the court to invalidate regulations issued by ABSAA concerning political campaigns, specifically targeting the N200 million fee or any other amount imposed on presidential candidates. They also seek a perpetual injunction that would prevent the defendants and their agents from enforcing this fee, as well as from removing, defacing, destroying, or obstructing the placement of their campaign billboards and outdoor advertisements across Abia State.

The core of the plaintiffs' argument rests on the assertion that the N200 million fee is inconsistent with the Nigerian Constitution, the Electoral Act 2026, and other federal legislation, rendering it null and void from its inception. They specifically highlight that the fee contravenes Section 99(2) of the Electoral Act, which expressly prohibits the use of state apparatus or regulatory bodies to confer an advantage or disadvantage upon any political party or candidate. This forms a central pillar of the Abia N200m campaign fee lawsuit.

Furthermore, Makinde and the APM argue that the Independent National Electoral Commission (INEC) possesses the exclusive authority to formulate rules and regulations pertaining to political campaigns. This position is supported by Item F, Section 15(a) and (f) of the Third Schedule to the 1999 Constitution, as well as Section 99(1) of the Electoral Act 2026. The plaintiffs maintain that while states generally hold residual powers over outdoor signage regulation, this authority cannot be exercised in a manner that frustrates or overrides validly enacted federal electoral legislation, citing Sections 1(3) and 4(5) of the Constitution on the supremacy of federal law.

The plaintiffs contend that the imposition of such a substantial fee by the Abia State signage agency effectively serves to exclude non-incumbent candidates from public visibility, thereby granting a specific advantage to a ruling party that might be better equipped to absorb such considerable costs. This challenge to the Abia State signage agency constitutionality underscores a broader debate about Nigeria campaign finance regulation.

This lawsuit carries significant implications for Nigeria's electoral landscape, particularly concerning campaign finance and the principle of a level playing field. The plaintiffs draw attention to Section 92 of the Electoral Act, which sets a nationwide cap of N10 billion for total presidential campaign expenditure. They argue that if similar charges were to be replicated across other states, the cumulative cost of billboard fees alone could consume over 80 percent of this national ceiling, even before accounting for other essential campaign expenses such as travel, media purchases, venue rentals, security, and payments to agents across more than 176,974 polling units nationwide.

An affidavit supporting the claim was deposed by Aisha Abdullahi Abubakar, the APM's National Welfare Officer, who stated that the claimants became aware of the fee while preparing for a comprehensive nationwide campaign tour encompassing all 36 states and the Federal Capital Territory. The plaintiffs assert that without judicial intervention, their constitutional right to seek public office would suffer irreparable harm, and the fundamental principle of a level playing field for all contestants would be severely undermined. The outcome of this Makinde APM sue Abia Governor Otti case could therefore set a crucial precedent for the balance of power between state and federal electoral laws.

Lawyers advising political parties, candidates, or state regulatory bodies should monitor this case closely. The outcome will determine the constitutional limits of state governments to impose fees and regulations on federal election campaigns, potentially setting a crucial precedent for electoral compliance and the balance of power between state and federal electoral laws in Nigeria.

Source: Original reporting via The Punch