The Federal High Court of Nigeria in the Enugu Judicial Division Holden at Enugu has declared judgment in favor of the Enugu State Structures for Signage and Advertisement Agency and its General Manager (1st and 2nd Defendants) stating that the Agency has power to pass executive decisions on payments for use of billboards for political campaigns in the Enugu state.
The Enugu State Structures for Signage and Advertisement Agency, ENSSAA, had imposed a mandatory payment of one hundred and fifty million naira (N150,000,000:00) as advertising permit for use of billboards in Enugu State.
This decision moved the plaintiffs- Labour Party (LP), Hon. Ugwu Kingsley (Chairman of Labour Party, Nigeria Democratic Congress (NDC), Hon. Engr. Ibuchukwu Obeta, Social Democratic Party (SDP) and Hon. Dr. Ezea Magnus Chairman of the SDP to file against the Agency, ENSSAA, Mr. Francis Aninwike(GM ENSSAA), the Enugu State Assembly, the Independent National Electoral Commission, INEC, Advertising Regulatory Council of Nigeria (ARCON) and the Nigeria Police Force in suit no: FHC/EN/CS/165/2026 before His Lordship, Hon. Justice M.T. Segun-Bello.
Excerpts from the judgment delivered on the 1st of September, 2026 as seen on a Certified True Copy states:
“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.”
“Third, 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.”
“Guided by these foregoing conclusions, this court hereby declares as follows:- 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.”
“It is also hereby declared that it is not ultra vires the legislative powers of the Enugu State House of Assembly (3rd Defendant) to make laws regulating advertisement 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.”
“Save as expressly granted above, the remaining reliefs claimed by the Plaintiffs are hereby refused.”
“Each party having, in the estimation of this court; substantially succeeded on some and failed on others of the issues canvassed in this suit; I therefore, make no order as to costs.”
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