…Rules ₦150m Political Advertising Directive Unlawful, Bars Enforcement Against Parties, Candidates
_...In essence, political parties and candidates cannot be compelled under the challenged ENSSAA directive to pay the ₦150 million campaign advertising fee or be sanctioned for failing to do so during the 2026/2027 election campaign._
The Federal High Court has struck down the directive by the Enugu State Signage and Advertising Agency (ENSSAA) requiring political parties and candidates to pay ₦150 million for outdoor political advertising during the 2026/2027 general election campaign.
In its judgment, the Court held that the directive published on February 8, 2026, was unlawful insofar as it applied to political parties and candidates for the 2026/2027 general elections, and consequently granted the relief sought by the Plaintiffs challenging the directive.
The Court's decision followed a challenge to the legality of ENSSAA's requirement for political parties and candidates to pay the ₦150 million campaign advertising fee.
The judgment specifically examined the extent of ENSSAA's authority to regulate outdoor advertising in Enugu State, particularly in relation to political parties and candidates.
The Court held that the power to regulate outdoor advertising, as contained in the Fourth Schedule to the 1999 Constitution, rests with the Local Government Councils, unless such authority has been expressly or validly delegated.
The Court further observed that the Local Government Councils in Enugu State had not expressly permitted or delegated responsibility for the regulation of outdoor advertising to ENSSAA in the manner relied upon by the agency.
However, the Court clarified that its decision does not extinguish the general and continuing competence of the relevant authorities to regulate outdoor advertising structures in Enugu State, provided such authority is validly delegated and any regulatory framework is reasonable, cost-reflective and non-discriminatory.
On the ₦150 million charge, the Court ruled that the Plaintiffs were entitled to relief setting aside the February 8, 2026 directive to the extent that it applies to political parties and candidates for the 2026/2027 general election.
The Court also granted consequential relief restraining the relevant Defendants and the Enugu State Government, its agencies and representatives from enforcing the invalidated payment requirement or imposing fines on political parties in the State for placing billboards and posters for the 2026/2027 election campaign.
The judgment, however, made clear that the relief granted is limited to the specific directive and election cycle. It does not prevent the enactment and application of a future properly delegated, reasonable and non-discriminatory regulatory regime for outdoor advertising.
The Court also declined reliefs sought against the Independent National Electoral Commission (INEC), noting that the electoral body was referenced in the proceedings only as necessary background and that no specific relief had been claimed against it.
The Federal High Court has therefore invalidated the ₦150 million ENSSAA campaign advertising directive for the 2026/2027 elections, while preserving the possibility of lawful regulation of outdoor advertising in Enugu State where the necessary authority is properly delegated. In essence, political parties and candidates cannot be compelled under the challenged ENSSAA directive to pay the ₦150 million campaign advertising fee or be sanctioned for failing to do so during the 2026/2027 election campaign.
