SERAP sues INEC for failure to disclose political limits of party donations and finances – THISAGE

The Socio-Economic Rights and Accountability Project (SERAP) has filed a case against the Independent National Electoral Commission (INEC) “for its failure to disclose the limits on political contributions under section 91 of the Electoral Act 2026, including whether the Commission exercised its statutory power to set such limits and, if so, why the applicable limits were not publicly disclosed and communicated to political parties, candidates, donors and Nigerians.”

The suit, numbered FHC/ABJ/CS/2114/2026, was filed last week at the Federal High Court, Abuja following INEC’s failure to disclose whether it had prescribed limits on political contributions under the Electoral Law, 2026. The development was first reported on September 20, 2026.

SERAP is asking the court to issue a writ order compelling INEC to disclose whether it has prescribed limits on political contributions, the specific limits, if any, and the steps taken by the Electoral Commission to publish and communicate them to political parties, candidates, donors and the public.

The organization is also asking the court to compel INEC to disclose the systems and procedures it has established to monitor, investigate and enforce compliance with political contribution limits and election expenditure rules ahead of the 2027 general elections.

According to SERAP, the absence of readily available information on contribution limits makes it difficult for voters, journalists and civil society organizations to monitor political funding and determine whether parties and candidates comply with the law.

The organization said that greater transparency in political financing is needed to ensure that the 2027 elections are held on a level playing field and that citizens are able to make free and informed political choices.

SERAP also seeks an order compelling INEC to disclose political parties’ latest financial statements, audited accounts, sources of funding, assets, liabilities and election expenditure declarations covering the period 2023 to 2025.

It also wants the Election Commission to make public its examination and audit reports under sections 225 and 226 of the 1999 Constitution, as amended, including reports submitted to the National Assembly and details of enforcement actions taken for political-financial violations.

SERAP’s case is essentially based on Section 91 of the Electoral Act 2026, which gives INEC the power to limit the amount of money or other assets an individual can contribute to a political party or candidate and to request information on the amount donated and the source of the funds.

Section 91(2), according to the organisation, provides for sanctions if an individual, candidate or political party exceeds the applicable limit prescribed by INEC.

The new electoral framework has significantly changed Nigeria’s campaign finance regime. A February 2026 analysis by the Policy and Legal Advocacy Center found that the 2026 Election Law increased the maximum limit on individual donations from ₦50 million under the previous framework to ₦500 million and substantially increased spending limits for candidates.

INEC’s 2026 Regulations and Guidelines also state that the maximum amount that an individual, group of individuals or entity can donate to a political party or election aspirant is ₦500 million, while a political party cannot accept a contribution exceeding ₦500 million without identifying and disclosing the source to the Commission.

SERAP, however, asks the court to compel INEC to clarify the applicable contribution limits and explain how the Commission intends to monitor and enforce them.

It wants INEC to explain the methodology and criteria used to determine the limits, including whether excessive financial influence, fair electoral competition, corruption and illicit political financing, and the overall integrity of the electoral process were taken into account.

The organization is also calling on INEC to disclose how it will monitor cash and in-kind contributions, digital and social media advertising, political and campaign consultants and third-party election expenditures during the election period.

SERAP also based its argument on constitutional provisions dealing with the financial affairs of political parties. He argued that section 226(1) of the 1999 Constitution requires INEC to prepare and submit an annual report to the National Assembly on the accounts and balance sheets of political parties.

Under section 226(2), under SERAP, INEC is required to conduct necessary investigations to determine whether political parties have maintained adequate books and records.

The organization also cited Section 226(3), which gives INEC and its authorized agents access to the party’s books, accounts and documents and allows the Commission to request information and explanations necessary for the discharge of its constitutional responsibilities.

SERAP said the publication of the relevant reports would enable Nigerians to determine whether INEC has indeed fulfilled such constitutional and statutory obligations.

He argued that voters should not wait until after the election to learn whether political parties and candidates are complying with campaign finance requirements.

“The requested relief would allow citizens to identify excessive, undisclosed or potentially illicit political financing before it could distort electoral competition, rather than only after votes have been cast,” SERAP said.

The organization also claims that political parties and candidates are already mobilizing resources, soliciting contributions, organizing political activities, buying media and digital advertising, and organizing rallies and other events ahead of the 2027 elections.

The issue of political financing has remained a recurring concern in the Nigerian electoral system, particularly in relation to election expenditure, disclosure of funding sources, political party reporting and enforcement of legal limits.

The Electoral Law 2026 sought to strengthen the regulatory framework by empowering INEC over individual contributions while increasing financial thresholds for political parties and candidates.

Before filing the lawsuit, SERAP had written to INEC in August requesting disclosure of contribution limits and mechanisms to monitor and enforce compliance during the 2027 election cycle. The organization had specifically asked the Commission to explain how it would track cash and non-cash donations, digital and social media financing, and third-party expenditures.

SERAP said the continued lack of publicly available information on political financing could make it difficult for citizens and election observers to carefully monitor the flow of money in the electoral process.

He also invoked Nigeria’s international obligations, citing Article 25 of the International Covenant on Civil and Political Rights, which protects the rights of citizens to participate in public affairs and to vote and be elected in genuine periodic elections.

The organization also cited articles 9 and 13 of the African Charter on Human and Peoples’ Rights, relating to access to information and participation in the governance of one’s country.

In the suit filed through its lawyers, Oluwakemi Agunbiade, Kehinde Oyewumi, Andrew Nwankwo and Valentina Adegoke, SERAP argued that effective political-financial regulation is important for electoral integrity, equality in political participation and meaningful participation of citizens in public affairs.

He urged the court to compel INEC to disclose the parties who submitted reports on post-2023 contributions, the dates of submission and the actions taken against parties who failed to comply with the reporting requirements under the law.

SERAP also wants INEC to reveal how it monitors and enforces financial policy for the 2027 elections.

No date has been set for the hearing in the case.

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