Athena Election Observatory Warns Against Actions That Could Undermine Electoral Fairness
By Jerry Adesewo, Abuja
The Athena Election Observatory has cautioned public institutions against actions capable of undermining public confidence in Nigeria’s electoral process, warning that the exercise of lawful regulatory and enforcement powers should not inadvertently shrink the country’s democratic space.
In a statement issued in Abuja on Thursday, the Observatory said recent developments in Osun, Abia, Anambra, Enugu and Ekiti states highlight the need for institutions to balance accountability with the imperative of ensuring free, fair, and competitive elections.
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The Observatory referenced the Economic and Financial Crimes Commission’s (EFCC) decision to restrict access to an account belonging to the Osun State Government as part of an investigation into the alleged diversion of public funds. The action came just ten days before the state’s governorship election scheduled for August 15.
Although the Osun State Government has denied any wrongdoing, the Observatory noted that President Bola Ahmed Tinubu’s subsequent directive ordering the reversal of the restriction acknowledged concerns that the timing of the action could create the impression of federal interference in the electoral process.
According to the Observatory, the President’s intervention was an important corrective measure but also underscored a broader institutional challenge.
“Actions taken within a lawful mandate can weaken public confidence where their timing or effect creates a reasonable perception of political advantage or electoral interference,” the statement said.
The organisation stressed that confidence in the neutrality of public institutions should not depend on presidential intervention after controversies have already emerged.
Beyond the Osun development, the Observatory expressed concern over the introduction of special permit fees for political campaign signage by authorities in Abia, Anambra, Enugu, and Ekiti states.
It noted that the fees, reportedly ranging from ₦1.5 million to ₦200 million, could significantly affect political competition, particularly for smaller parties and less-resourced candidates.
While acknowledging that state governments have legitimate authority to regulate outdoor advertising and public spaces, the Observatory argued that such powers should not be used to create additional barriers to electoral participation beyond those already established under the Constitution, the Electoral Act and regulations issued by the Independent National Electoral Commission (INEC).
According to the statement, political advertising should remain subject to the same neutral rules applicable to commercial outdoor advertising, rather than special fees or approval processes targeted specifically at candidates and political parties.
The Observatory cited the example of Abia State, noting that under the Electoral Act 2026, campaign expenditure limits are capped at ₦500 million for Senate elections, ₦250 million for House of Representatives elections and ₦100 million for State House of Assembly elections.
It argued that permit fees consuming a substantial portion of those statutory spending limits could undermine the objective of promoting fair competition and limiting the influence of money in elections.
“A state’s power to regulate public space should not become a power to impose additional conditions on electoral competition,” the Observatory stated.
To strengthen confidence in the electoral process, the Observatory recommended that law enforcement agencies adopt clear protocols for high-impact enforcement actions involving governments, candidates and political parties during election periods.
It also called on states that have introduced candidate-specific or party-specific campaign fees to withdraw them and instead apply regular, content-neutral advertising regulations.
The group further urged INEC to issue national guidance clarifying that state and local regulatory authorities cannot impose additional conditions for participation in elections conducted under the Constitution and the Electoral Act.
The Athena Election Observatory emphasised that its position should not be interpreted as support for any political party or candidate, stressing that it was taking no position on the merits of the EFCC investigation in Osun or the claims made by the state government.
“Our concern is institutional,” the statement concluded. “Accountability, regulation and democratic competition should reinforce one another. Administrative power must not shrink democratic space.”