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The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Federal Government for “alleged diversion, irregular expenditure and failure to account for over ₦78.8 billion in public funds involving the Ministry of Humanitarian Affairs and Poverty Alleviation, National Cash Transfer Office (NCTO) and National Social Safety Net Coordination Office (NASSCO).”
The allegations were documented in the 2024 Annual Report of the Auditor General of the Federation, published on 7 August 2026. According to the Auditor General, the findings covered various periods between January 2023 to 31 December 2024.
In the lawsuit numbered ECW/CCJ/APP/42/26 filed last week at the ECOWAS Community Court, Abuja, SERAP seeks: “a declaration that the failure of the Nigerian government to account for over ₦78.8 billion in public funds allocated for federal cash assistance and social protection programs is unlawful and constitutes a violation of Nigeria’s international human rights obligations.”
SERAP is seeking a declaration that “the government’s failure to ensure the lawful administration of public funds allocated to cash transfer programs intended to benefit vulnerable households undermines the enjoyment of the rights protected by the African Charter on Human and Peoples’ Rights.”
SERAP is also seeking “a perpetual injunction prohibiting the government from managing or disbursing cash assistance and social protection funds without adequate financial accountability, beneficiary verification, audit and monitoring mechanisms consistent with Nigeria’s international human rights obligations.”
In its lawsuit, SERAP argues that “the government has violated, and continues to violate, the right to social security and an adequate standard of living, including food, clothing and housing, by failing to properly manage social protection funds and ensure access to benefits intended to meet basic needs.”
SERAP also argued that “failure to take into account the large amounts of public funds allocated for social protection, and to investigate and correct deficiencies, undermines the socio-economic rights of millions of affected Nigerians.”
According to SERAP, “The funds are intended to benefit more than 3.2 million households in 35 states, whose access to financial assistance was impacted by allegations made by the Auditor General.”
The lawsuit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Kehinde Oyewumi, reads in part: “The failure to investigate the ₦78.8 billion cash transfer scandal, account for the funds in question and recover the amounts unlawfully spent is a violation of Nigeria’s obligations to protect the human rights of vulnerable households.”
“SERAP brought this public interest case to protect the interests of affected households and ensure accountability for public funds allocated for their benefit.”
“SERAP submits that failure to account for public funds allocated for socio-economic rights, coupled with failure to take effective remedial action, constitutes a state’s human rights obligations. Cash transfer programs help address extreme poverty and enable vulnerable communities to meet their basic needs.”
“The lawsuit is based on the Auditor General’s 2024 Annual Report, published on August 7, 2026, which identified financial irregularities at federal agencies, including the Office of National Cash Assistance and the Office of National Social Safety Net Coordination.”
“The Auditor General questioned approximately ₦33.751 billion reportedly transferred to more than 3.2 million households in 35 states in 2023, as there were insufficient records to verify payments and reconcile beneficiary records.”
“The report also identified payments made without prepayment audits of ₦36.744 billion, unsupported expenditures of ₦4.616 billion, and other questionable payments, including ₦350.182 million for registration, ₦89.511 million for in-store purchases, and ₦17.422 million for solar advances.”
“SERAP brought this public interest case within Article 9(4) of the ECOWAS Court Protocol to protect the interests of affected households and ensure accountability of public funds designated for social protection.”
“The issue is whether the government has implemented its obligations under applicable human rights treaties to safeguard resources allocated for social protection, investigate documented financial irregularities, provide effective solutions and ensure that those resources are used for their intended purposes.”
“The Auditor General is constitutionally responsible for auditing and reporting on the public accounts of the Federation and the offices and institutions of the Federal Government. His findings are recorded in the annual report submitted to the National Assembly and constitute an important official record of public expenditure.”
“The obligation to recognize and enforce the rights protected under the African Charter, guaranteed by Article 1 of the Charter, includes the obligation to take legislative or other measures necessary to give effect to the protected rights.”
“The right to equality and non-discrimination, under Article 2 of the African Charter and related obligations, will be violated if any failure to administer or verify social protection programs results in discriminatory exclusion or unequal access to benefits.”
“The Nigerian government has an obligation to take effective steps to prevent and address corruption and misuse of public resources. The government has failed to take appropriate steps in response to the allegations made by the Auditor General.”
“The right to social security cannot be realized effectively simply by establishing formal cash transfer programs when states fail to maintain reasonable systems for identifying beneficiaries, maintaining records, reconciling disbursement of funds, monitoring expenditures, investigating irregularities and rectifying losses.”
“Following the publication of the Auditor General’s Report, SERAP issued a public statement and, in a letter dated 5 September 2026, urged President Bola Tinubu and relevant authorities to account for the funds in question, publish audit records, investigate irregular expenditure, recover funds unlawfully spent or diverted, and take appropriate action against those responsible.”
“SERAP also requested payment and recipient records, verification documents and explanations for the missing REMITA records.”
“The deadline given to the government to address the Auditor General’s findings has passed without adequate action taken.”
“Financial irregularities and the government’s failure to address them raise concerns about human rights, in particular the right to social security, an adequate standard of living, and the right to economic, social and cultural development.”
“The government must properly manage public funds allocated for social protection in accordance with its human rights obligations and take reasonable steps to ensure that vulnerable households receive the expected benefits.”
“The Auditor General’s findings regarding beneficiary verification, prepayment audits, supporting documents and financial reconciliation raise serious questions about whether these funds are being managed well and reaching vulnerable households.”
SERAP therefore requests the following relief from the ECOWAS Court:
1. DECLARATION that failure to take effective steps to investigate and correct financial irregularities identified in the 2024 Annual Report of the Auditor General of the Federation, to the extent that such failure interferes with or risks disrupting access to anticipated benefits, violates the Respondent’s international human rights obligations.
2. AN ORDER directing Respondents, through the National Cash Assistance Office (NCTO), National Social Safety Net Coordination Office (NASSCO) and other relevant agencies, to provide a comprehensive and verifiable account of the funds at issue, including relevant records of payments, recipients, verification and reconciliation.
3. AN ORDER directing the Respondent to conduct an independent, prompt and effective investigation into the identified irregularities; recover improperly spent, diverted or lost public funds as determined; and take appropriate legal or administrative action against persons found responsible, in accordance with legal process.
4. AN ORDER directing Respondents to strengthen financial accountability, beneficiary verification, audit, reconciliation and oversight mechanisms to prevent the recurrence of irregularities in federal cash assistance and social protection programs.
5. AN ORDER directing the Respondent to take effective steps to ensure that eligible vulnerable persons and households receive the social protection benefits intended for them and that any adverse impacts on their protected rights are appropriately addressed.
There is no definite date for the trial of the lawsuit.
