Enugu State Governor, Peter Mbah
A Federal High Court (FHC), Enugu, has dismissed a suit by some opposition political parties challenging Enugu State Structures for Signage and Advertisement Agency (ENSSAA) authority to impose a mandatory N150 million fee for political campaign billboards or posters ahead of the 2027 general elections.
The judgment issued by Justice Mabel Segun-Bello held that it was within the legislative competence of the Enugu State House of Assembly to make laws on outdoor advertising and for ENSSAA to exercise powers donated to it by state law.
Enugu State Chairman of the Labour Party (LP), Kingsley Ugwu; that of the Nigeria Democratic Congress (NDC), Ibuchukwu Obetta; Social Democratic Party (SDP), Magnus Ezea, had dragged ENSSAA; its General Manager, Francis Aninwike; Enugu State House of Assembly; Independent National Electoral Commission (INEC); Advertising Regulatory Council of Nigeria (ARCON); and Nigeria Police Force to court over the fee.
In the suit marked, FHC/EN/CS/165/2026, filed in June this year, they had sought a declaration that, by virtue of Sections 99 (1) and (2) of the Electoral Act, 2026, and Section 153 of the 1999 Constitution, which gave exclusive powers to INEC to regulate electoral campaigns of political parties in Nigeria, it was ultra vires the powers of ENSSAA to make executive decisions and publications imposing a mandatory payment of N150 million by political parties and their candidates in the state as an advertisement permit fee for the placement of billboards for elections.
They also asked for a declaration that it was unlawful for the Enugu State House of Assembly to enact laws regulating political campaign advertising in the state.
They therefore asked for an order of the court setting aside the mandatory N150 million fee, as well as an injunction restraining the agency, Enugu State Government, its agents and representatives from enforcing the directive.
They also sought an order of the court mandating the Nigeria Police Force to protect political parties in Enugu State from possible harassment arising from the placement of billboards and posters for the 2027 elections.
However, delivering her judgment, Justice Mabel Segun-Bello held, among other things, that the National Assembly does not hold exclusive legislative powers over outdoor advertising.
She said: “I accede to the 1st, 2nd and 3rd Defendants’ contention that the subject matter of ‘outdoor advertising’ is not reserved exclusively to the National Assembly or to ARCON.
“Rather, ‘outdoor advertising’ falls within the purview of the primary functions of the Local Government, which may (where properly delegated) be validly exercised by a state agency such as the 1st Defendant (ENSSAA).
“I am satisfied that, based on the evidence before this court, the 1st Defendant has established it had a validly delegated authority to issue the directive it gave on 9th February, 2026, for the regulation of advertisement of political campaigns.”
