Shettima, govs for APC mega rally for Oyebanji’s reelection — Council

The upcoming mega rally for Governor Biodun Oyebanji's re-election in Ekiti State, featuring high-profile political figures, underscores the intricate legal framework governing political campaigns and public assemblies in Nigeria. This article examines the multi-faceted legal landscape, drawing on the 1999 Constitution, the Electoral Act 2022, and regulations from the Independent National Electoral Commission (INEC). It highlights critical areas for legal practitioners, including the constitutional right to peaceful assembly, the nuanced requirements of the Public Order Act, strict prohibitions against the abuse of state resources, and the various electoral offenses and penalties associated with campaign activities. Understanding these legal parameters is crucial for ensuring compliance, mitigating risks, and navigating potential litigation in Nigeria's dynamic political environment.

The announcement of a mega rally in Ekiti State for Governor Biodun Oyebanji’s re-election bid, with the anticipated attendance of Vice President Shettima and other All Progressives Congress (APC) governors, is a common feature of Nigeria's vibrant political landscape. Such events, while demonstrating political strength and public support, are not merely political spectacles; they operate within a complex web of legal and regulatory frameworks designed to ensure fair play, public order, and democratic integrity. For legal practitioners, these rallies present a critical juncture for advising political parties, candidates, and public officials on compliance with electoral laws and constitutional provisions.

The legal foundation for political rallies in Nigeria is primarily rooted in the 1999 Constitution of the Federal Republic of Nigeria (as amended), particularly Section 40, which guarantees every person the right to assemble freely and associate with others, including forming or belonging to political parties. This fundamental right, however, is not absolute and is subject to limitations in the interest of public order, safety, and morality, as provided for in Section 45 of the Constitution. Historically, the Public Order Act (Cap P42, Laws of the Federation of Nigeria 2004) empowered state governors to regulate public meetings and processions, leading to controversies over the requirement for police permits. However, the Court of Appeal, in the landmark case of *All Nigeria Peoples Party & Ors. v. Inspector General of Police (2006) CHR 181*, unequivocally declared that the requirement of a police permit for rallies or processions is illegal and unconstitutional, as it violates Section 40 of the 1999 Constitution and Article 11 of the African Charter on Human and Peoples' Rights. This judicial pronouncement affirmed that while notification to the police for security purposes may be advisable, obtaining a permit is not a prerequisite. Complementing these constitutional provisions is the Electoral Act 2022, which, along with guidelines issued by the Independent National Electoral Commission (INEC), provides a detailed regulatory framework for political campaigns, including rallies and processions.

The conduct of political rallies in Nigeria is subject to stringent regulations under the Electoral Act 2022 and various INEC guidelines. The Electoral Act 2022 sets out specific rules for campaigns, including timelines for commencement and cessation, and prohibits certain conduct such as the use of abusive language, hate speech, or incitement to violence. Political parties are mandated to submit their campaign schedules to INEC, stating the date, time, venue, and agenda, and must cooperate with the Nigeria Police to resolve any conflicts in scheduling. Crucially, the Act also imposes limits on campaign expenditures for candidates and political parties, with presidential candidates capped at N5 billion and gubernatorial candidates at N1 billion, and places limits on individual donations. Parties are also required to submit audited financial statements to INEC.

A significant area of concern for legal practitioners is the prohibition against the abuse of state resources. Section 95(2) of the Electoral Act 2022 explicitly states that "State apparatus including the media shall not be employed to the advantage or disadvantage of any political party or candidate at any election." This provision is reinforced by the INEC Code of Conduct for Political Parties, which mandates the separation of party business from government business and prohibits the use of state vehicles or other public resources for electioneering campaigns. The presence of public officials, especially governors and the Vice President, at party rallies necessitates careful consideration to avoid any perception or actual instance of using state resources or official positions to gain an undue advantage, which could lead to allegations of electoral offenses or corruption.

While the *ANPP v. IGP* case clarified that police permits are not required for rallies, the Public Order Act still empowers state governors to prescribe routes and times for processions, and the Commissioner of Police may prohibit the use of uniforms if likely to cause a breach of peace. Therefore, while freedom of assembly is guaranteed, organizers must ensure peaceful conduct and be mindful of public order considerations. Breaches of electoral laws, such as engaging in vote-buying, exceeding campaign finance limits, or using state resources, constitute electoral offenses and attract various penalties, including fines and imprisonment for individuals and fines and forfeiture for political parties.

In the context of Governor Oyebanji's re-election, it is pertinent to recall that the Ekiti State Governorship Election Petition Tribunal upheld his election, dismissing petitions that challenged his victory on various grounds, including the validity of his nomination and allegations of malpractices. This judicial affirmation underscores the importance of adhering to the Electoral Act and party guidelines, as tribunals meticulously scrutinize compliance with these provisions. The tribunal's decision, in this instance, suggests that the pre-election and election day processes, including campaign aspects, were found to have substantially complied with the law, despite the challenges raised.

For practicing attorneys and legal professionals, the legal landscape surrounding political rallies and campaigns in Nigeria demands meticulous attention to detail and a thorough understanding of constitutional rights, electoral statutes, and regulatory guidelines. Advising political parties and candidates requires proactive measures to ensure strict compliance with campaign finance regulations, adherence to public order provisions, and, critically, the absolute avoidance of any misuse of state apparatus or resources. Failure to comply can lead to severe penalties, electoral litigation, and reputational damage. Practitioners must conduct comprehensive due diligence, provide robust legal counsel on permissible campaign activities, and guide their clients through the notification processes to relevant authorities like INEC and the police, even if permits are not required. As Nigeria's electoral cycle continues, vigilance in upholding these legal standards will be paramount for fostering a credible and democratic process, and legal professionals play a crucial role in navigating these complexities to safeguard electoral integrity.