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 equally asked for a declaration that it was unlawful for the Enugu State House of Assembly to make laws regulating the advertisement of political campaigns 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 against possible harassment for 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.

“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 on the basis of 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.

“It is not ultra vires the powers of the Enugu State Structures for Signage and Advertisement Agency and its General Manager (1st and 2nd Defendants) to pass executive decisions and publications imposing a mandatory payment of N150 million naira, as advertising permit that will enable the use of billboards in Enugu State.

“Consequently, the directive published by the 1st and 2nd Defendants on 9th February, 2026, mandating political parties and their candidates in Enugu State to pay N150,000,000.00 (One Hundred and Fifty Million Naira) as a pre-condition for obtaining an advertising permit to place billboards and posters for the 2026 and 2027 general election campaigns, is not an unlawful use of State Apparatus to the disadvantage of political parties, contrary to Section 99(2) of the Electoral Act, 2026”, she held

Meanwhile, the Enugu State Government has said that unlike the practice in most states, the N150 million fee is for each political party, not for candidates, as being misrepresented

The Secretary to the State Government, Prof. Chidiebere Onyia, made the clarification while fielding questions from Government House correspondents in Enugu.