Athena warns against institutional actions that could undermine Nigeria’s democracy

The Athena Election Observatory has raised concerns over what it describes as a growing pattern of institutional actions that could tilt Nigeria’s electoral playing field, warning that law enforcement decisions and state regulations must not become tools that inadvertently restrict democratic competition.

The policy group cautioned that while public institutions have constitutional and statutory powers to investigate corruption and regulate public activities, those powers must be exercised with heightened restraint during election periods to avoid undermining confidence in the fairness of the electoral process.

In a statement released on Thursday and signed by the Media and Communications Officer, Paul Liam, the Observatory cited three recent developments — the Economic and Financial Crimes Commission’s (EFCC) temporary restriction of an Osun State Government account days before the August 15 governorship election, and newly introduced campaign permit fees in Abia and Anambra states — as examples of decisions capable of shrinking democratic space.

“Actions taken within a lawful mandate can still weaken public confidence where their timing, scale or effect creates a reasonable perception of political advantage or electoral interference,” the Observatory said.

The group welcomed President Bola Tinubu’s directive ordering the EFCC to reverse the restriction on the Osun account, describing it as “an important corrective,” but insisted that institutional neutrality should be protected by established safeguards rather than presidential intervention.

“The Osun incident demonstrates why these safeguards must be embedded within institutions. Public confidence in institutional neutrality should not depend on presidential intervention after a controversy has arisen,” it stated.

While stressing that elections should not shield anyone from accountability, the Observatory argued that enforcement actions capable of disrupting governance or influencing an ongoing campaign require greater institutional caution.

“The approach of an election does not confer immunity on a government, candidate or political party. Anti-corruption investigations must continue, public funds must remain protected and lawful regulations must be enforced.

“However, actions capable of disrupting government operations or materially altering the environment of an imminent election require exceptional institutional judgement.”

The Observatory also took issue with campaign advertising fees announced by the Abia and Anambra state governments, warning that the charges could make political participation prohibitively expensive for many candidates.

It noted that Abia now requires presidential candidates to pay ₦200 million for campaign advertising permits, with governorship, senatorial, House of Representatives and State Assembly candidates expected to pay between ₦150 million and ₦20 million.

Anambra has similarly introduced permit fees ranging from ₦1.5 million for State Assembly candidates to ₦50 million for presidential hopefuls, while extending the approval regime to campaign rallies, branded materials, public address systems and other outdoor political activities.

According to the Observatory, such fees undermine the spirit of the Electoral Act 2026 by consuming a significant portion of candidates’ legally permitted campaign expenditure before actual campaigning even begins.

“Campaign expenditure limits are intended to restrain the influence of money and promote fair competition. State-imposed political fees that consume a substantial part of those limits work against that objective and place less-resourced candidates and smaller parties at a structural disadvantage,” it said.

The group argued that although states are empowered to regulate outdoor advertising, those powers should not become additional barriers to contesting elections.

“A state’s power to regulate public space should not become a power to impose additional conditions on electoral competition,” it added.

To safeguard democratic competition, the Observatory urged law enforcement agencies to adopt clear internal protocols for election-period investigations, called on Abia and Anambra states to withdraw the candidate-specific permit fees, and asked the Independent National Electoral Commission (INEC) to issue national guidelines preventing state authorities from imposing additional conditions on electoral participation.

“Our concern is institutional,” the Observatory stressed.

“Nigeria’s democracy is strengthened when public institutions enforce the law, regulate public space and protect public resources without narrowing legitimate political participation or weakening confidence in the neutrality of the state.