The Allied Peoples Movement (APM) and its presidential candidate, Governor Seyi Makinde of Oyo State, have dragged Abia State Governor Alex Otti and other state authorities to court over a controversial ₦200 million campaign fee imposed on presidential candidates seeking to display campaign materials in the state.
In the suit filed at the Abia State High Court, the plaintiffs argued that the fee imposed by the Abia State Signage and Advertisement Agency (ABSAA) was unlawful and inconsistent with the 1999 Constitution and the Electoral Act 2026.
The suit, marked HC/214/2026, was filed through their lawyer, Musibau Adetunbi, SAN.
Makinde and the APM argued that allowing individual states to impose such fees could make it practically impossible for presidential candidates to comply with the statutory campaign spending limit.
Under Section 92 of the Electoral Act 2026, they noted, expenditure for a presidential election campaign is capped at ₦10 billion nationwide.
They contended that if other states and the Federal Capital Territory adopted similar charges, billboard and outdoor advertising fees alone could consume a substantial portion of the permitted campaign expenditure.
The plaintiffs also relied on Section 99(2) of the Electoral Act 2026, which they said prohibits the use of state apparatus or regulatory bodies to give an advantage or disadvantage to any political party or candidate.
They argued that using ABSAA to impose what they described as a prohibitive fee could restrict the ability of non-incumbent candidates to campaign visibly in Abia.
The plaintiffs further maintained that although states have regulatory powers over outdoor advertising and signage, such powers must not be exercised in a manner that conflicts with federal electoral legislation.
They also argued that the Independent National Electoral Commission (INEC) has constitutional and statutory responsibilities relating to regulations governing political campaigns for elections.
Among their eight reliefs, the APM and Makinde are asking the court to set aside the ABSAA regulations providing for the ₦200 million presidential campaign fee.
They are also seeking an injunction restraining Governor Otti, the Attorney-General of Abia State, ABSAA and the State House of Assembly, as well as their agents, from enforcing the fee.
The plaintiffs want the court to stop the defendants from removing, defacing, destroying or obstructing their campaign billboards and outdoor advertisements in the state.
They further asked the court to declare the ₦200 million fee unconstitutional, unlawful and void for allegedly conflicting with provisions of the Constitution and the Electoral Act 2026.
Makinde and the APM said they became aware of the fee while preparing to commence their nationwide campaign.
They argued that the issue required urgent judicial intervention because failure to stop the regulation could affect their ability to campaign and exercise their constitutional right to seek public office.
The case places state control of outdoor advertising against federal rules governing electoral campaigns, with the court expected to determine whether Abia’s signage regulations can impose such a charge on presidential candidates.
