SERAP sues INEC over ‘failure to probe alleged N800 billion FAAC diversion for campaign funding’

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Independent National Electoral Commission (INEC) “over the failure to investigate the allegations that governors of the All Progressives Congress (APC) diverted N800 billion for political and campaign purposes.”

According to reports, APC governors are allegedly making monthly contributions from their Federation Account Allocation Committee (FAAC) allocations to a dedicated campaign fund to support President Bola Tinubu’s re-election campaign.

In the suit number FHC/ABJ/CS/1426/2026 filed last week at the Federal High Court in Abuja, SERAP is seeking: “an order of mandamus to direct and compel INEC to investigate the allegations that governors of the All Progressives Congress (APC) diverted N800 billion for political and campaign purposes.”

SERAP is seeking: “an order of mandamus to direct and compel INEC to request full disclosure from the governors and APC regarding the alleged contributions made to any dedicated campaign fund, including the names of donors and the lawful origin of funds.”

SERAP is also seeking: “an order of mandamus to direct and compel INEC to promptly initiate a formal review and investigation into compliance with Section 91 of the Electoral Act by all political parties and candidates, particularly in relation to the sources and scale of political or campaign financing in the current political cycle.”

In the suit, SERAP is arguing that: “these allegations raise serious concerns about political finance transparency, electoral fairness, and the constitutional right of Nigerians to participate freely in their own government.”

SERAP is also arguing that, “opaque political financing remains a major entry point for corruption and a threat to democratic legitimacy. Nigerians deserve to know who funds the candidates or political parties of their choice and the sources of any such funding.”

According to SERAP, “The abuse of state resources for electoral advantage undermines democratic integrity and public trust. Fairness, transparency, and accountability in political or campaign finance are essential safeguards against corruption, state capture, and undue influence in democratic processes.”

The lawsuit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Kehinde Oyewumi, read in part: “the allegations of diversion or opaque use of public funds pose a grave risk to the integrity of the 2027 general elections.”

“Large-scale public fiscal flows, coupled with weak transparency and oversight mechanisms, provide a compelling basis for INEC to activate its constitutional and statutory mandates.”

“Political finance in Nigeria remains characterised by limited transparency, inadequate disclosure, and weak enforcement, creating significant risks of the misuse of public resources for political purposes.”

“Section 91 of the Electoral Act empowers and requires INEC to set limits on political donations that individuals or entities can make to political parties or candidates and demand disclosure of contributions and sources of funds, and enforce sanctions against violations.”

“Section 91 establishes that any political party that exceeds the prescribed donation limit is liable to a fine of up to ₦10,000,000, plus forfeiture of the excess amount. It provides that any individual who exceeds the donation limit commits an offence and is liable to a fine equal to five times the amount donated in excess of the legal limit.”

“Section 91(2) of the Electoral Act provides that any individual, candidate, or political party that exceeds the donation limits set by INEC commits an offence and is liable upon conviction to sanctions.”

“For political parties, this includes a fine of up to ₦10,000,000 and forfeiture of any amount received above the prescribed limit, while individuals are liable to a penalty of five times the amount contributed in excess of the allowable limit.”

“Exceeding donation limits attracts sanctions including fines, forfeiture of excess funds, and penalties of up to five times the amount contributed in excess for individuals.”

“The right to political participation requires that citizens have a real opportunity to exercise their political rights. The right to free, fair and transparent elections is a fundamental human right. This imposes a duty on state institutions to ensure that elections are credible, transparent, and inclusive.”

“The allegations of diversion or opaque use of public funds—particularly on the scale reported—pose a grave threat to the integrity of the 2027 general elections.”

“The combination of large-scale public fiscal flows, opaque deduction structures, and allegations of misuse public funds for political and campaign purposes creates a reasonable basis to direct INEC to exercise its investigative and monitoring mandates under the Nigerian Constitution 1999 [as amended] and the Electoral Act.”

“The Nigerian Constitution, the Electoral Act and anticorruption and human rights standards prohibit the misuse of state resources and imposes clear obligations regarding campaign finance transparency and fairness.”

“The Commission has constitutional and statutory obligations to ensure that no individual or political party exceeds legally prescribed contribution limits, whether directly or indirectly, and to ensure full transparency regarding the origin and quantum of political funding.”

“Where allegations exist that large-scale financial resources—including potentially state-derived or publicly controlled funds—may be influencing political activity outside lawful channels, such circumstances fall squarely within the preventive and investigative mandate of the Commission, as provided for by the Electoral Act.”

“INEC continues to fail to proactively enforce the provisions of the Nigerian Constitution and the Electoral Act regarding the allegations of political finance distortion, thereby undermining public trust in electoral institutions and the right of Nigerians to participate in their own government.”

“Section 14(2)(c) of the Nigerian Constitution guarantees that: “the participation by the people in their government shall be ensured.” This provision imposes a positive constitutional obligation to maintain electoral conditions that are free, fair, and not distorted by undue influence.”

“The provision also imposes a binding obligation on all institutions, including INEC, to safeguard the integrity of the democratic process.”

“Section 15(5) of the Nigerian Constitution requires public institutions to abolish all corrupt practices and abuse of power. Section 13 imposes clear responsibility on INEC to conform to, observe and apply the provisions of Chapter 2 of the constitution.”

“Article 13 of the African Charter on Human and Peoples’ Rights guarantees every citizen the right to participate freely in government. Similarly, Article 25 of the International Covenant on Civil and Political Rights, requires that elections reflect the free expression of the will of the electorate. Nigeria has ratified both treaties.”

“Nigeria has made legally binding commitments under the UN Convention against Corruption to ensure accountability in the management of public resources. Articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on the Commission to ensure proper management of public affairs and public funds.”

“These commitments ought to be fully upheld and respected. Article 7(3) of the Convention requires institutions including INEC to ensure political finance transparency. The provisions aims to prevent corruption in and through elections.”

“Where public resources are allegedly diverted or deployed for political and campaign purposes, the result is not merely financial impropriety—it is a direct distortion of electoral competition. Such actions undermine the principle of a level playing field and erode the ability of citizens to freely choose their representatives.”

“Any use of public funds for political advantage would constitute a grave violation of these national and international standards and a threat to electoral credibility.”

No date has been fixed for the hearing of the suit.

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