Athena Raises Alarm Over ‘Shrinking Democratic Space’ as EFCC Action, Campaign Fees Trigger Electoral Concerns

By: Michael Mike

Concerns over Nigeria’s electoral environment have intensified following warnings by the Athena Election Observatory that recent actions by public institutions, though within their legal mandates, could undermine confidence in democratic competition if not guided by stronger safeguards.

The election monitoring body, in a statement on Thursday, cautioned that the exercise of state power during election periods must be balanced with the need to protect political participation, institutional neutrality and public trust.

The warning comes after the Economic and Financial Crimes Commission (EFCC) restricted access to an account belonging to the Osun State Government on Aug. 5, as part of an investigation into alleged diversion of public funds — a move that attracted controversy because it occurred just days before the Aug. 15 Osun governorship election.

The Osun State Government has denied any wrongdoing.

President Bola Tinubu later directed the EFCC to take steps to reverse the restriction, while maintaining that the anti-graft agency remained independent.

Athena described the President’s intervention as a significant corrective action but said the episode exposed a deeper institutional challenge: the need for public agencies to anticipate how the timing and impact of their decisions may affect perceptions of electoral fairness.

The group stressed that anti-corruption investigations must not be suspended because of elections, noting that public resources must remain protected and institutions must continue to perform their statutory duties. However, it argued that actions capable of affecting an election environment require exceptional judgement, transparency and safeguards against unintended political consequences.

According to the Observatory, “legal authority should be accompanied by necessity, proportionality, transparency and safeguards against avoidable electoral disruption.”

The group’s concerns extended beyond the Osun development to controversial campaign advertising fees announced by Abia and Anambra States, which it said could create financial barriers capable of limiting political competition.

In Abia State, campaign advertising permit charges reportedly introduced by the state signage agency require presidential candidates to pay ₦200 million, governorship candidates ₦150 million, senatorial candidates ₦100 million, House of Representatives candidates ₦50 million and State House of Assembly candidates ₦20 million.

Anambra State has also announced advertising permit fees of ₦50 million for presidential candidates, ₦20 million for senatorial candidates, ₦5 million for House of Representatives candidates and ₦1.5 million for State House of Assembly candidates.

The regulations reportedly cover not only traditional outdoor advertisements such as billboards and posters but also branded materials, public address systems, rallies and other campaign-related activities.

Athena argued that while state governments have the authority to regulate public spaces, environmental standards and outdoor advertising, such powers must not become tools for imposing additional hurdles on electoral participation.

The group highlighted the financial implications of the Abia charges, noting that the fees consume a substantial portion of candidates’ legally permitted campaign spending limits under the Electoral Act 2026.

It pointed out that a ₦20 million permit fee for a State House of Assembly candidate represents one-fifth of the ₦100 million statutory expenditure limit for that election, before candidates spend money on campaign materials, logistics, mobilisation and other activities.

The Observatory warned that such requirements could disproportionately affect smaller political parties and less wealthy candidates, potentially strengthening the influence of money in politics rather than reducing it.

“Campaign expenditure limits are intended to restrain the influence of money and promote fair competition,” the group said, arguing that state-imposed political fees that consume a significant portion of those limits work against that objective.

Athena maintained that Nigeria’s democratic framework is built on the principle that elections should be governed by transparent and uniform rules, rather than additional conditions created by administrative authorities.

It called on Abia and Anambra States to withdraw candidate-specific campaign advertising fees and instead apply ordinary advertising regulations that are content-neutral and applicable to all users of public spaces.

The organisation also urged the Independent National Electoral Commission (INEC) to issue national guidance clarifying that state and local regulatory powers cannot be used to introduce new conditions for participation in elections conducted under the Constitution and Electoral Act.

Athena said its position was not based on the interests of any political party, candidate or government involved in the controversies, but on protecting the integrity of Nigeria’s democratic institutions.

“Accountability, regulation and democratic competition should reinforce one another,” the group said. “Administrative power must not shrink democratic space.”

The warning comes as Nigeria approaches a new cycle of major elections, with civil society organisations increasingly urging state institutions to ensure that enforcement actions, regulations and administrative decisions are applied in ways that preserve public confidence in the neutrality of government institutions.

Athena Raises Alarm Over ‘Shrinking Democratic Space’ as EFCC Action, Campaign Fees Trigger Electoral Concerns