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Athena Observatory Warns Against Use of State Power to Restrict Electoral Space Ahead of Polls

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The Athena Election Observatory has expressed concern over recent actions by public and state institutions in Nigeria, warning that enforcement and regulatory powers could undermine public confidence and narrow democratic space ahead of upcoming elections.

​In a press statement issued on August 6, 2026, the election monitoring group highlighted two key issues: the financial enforcement action against a state government on the eve of an election, and the imposition of heavy political advertising fees by several state governments.

​The statement followed a decision by the Economic and Financial Crimes Commission (EFCC) on August 5 to restrict an account belonging to the Osun State Government as part of an investigation into the alleged diversion of public funds.

The state government denied the allegations. The action occurred ten days before the Osun governorship election scheduled for August 15.

​Although President Bola Ahmed Tinubu subsequently directed the EFCC on August 6 to take steps to reverse the restriction to avoid the perception of federal interference, Athena noted that institutional neutrality should not rely on presidential intervention after controversies arise.

​”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 organization stated, emphasizing that while anti-corruption investigations must continue, high-impact actions close to elections require legal authority, proportionality, transparency, and safeguards against disruption.

​Separately, the watchdog raised concerns over special campaign permit fees introduced by outdoor signage and advertising authorities in Abia, Anambra, Enugu, and Ekiti states. Ranging from ₦1.5 million to ₦200 million, these political charges consume a significant portion of the spending caps mandated by the Electoral Act 2026 such as Abia’s fees representing 20 percent of the total legal spending limit for legislative candidates.

​Athena argued that state powers over public spaces should not create additional barriers to electoral participation or disadvantage less-resourced candidates.

​To address these concerns, the Observatory recommended:
​Enforcement Safeguards: Law enforcement agencies should establish protocols and require judicial oversight for high-impact actions involving political actors or governments close to an election.

​Withdrawal of Political Fees: State governments should repeal candidate-specific campaign fees and stick to standard, content-neutral outdoor advertising rules.

​INEC Guidance: The Independent National Electoral Commission (INEC) should issue national guidance clarifying that state regulatory powers cannot supersede the national electoral framework.

​The Observatory clarified that it takes no position on the merits of the EFCC investigation or the political claims in the affected states, framing its interest as strictly institutional to ensure administrative powers do not shrink democratic space.

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