SERAP sues INEC for ‘failure to investigate alleged FAAC diversion of N800 billion for campaign finance’

SERAP further seeks: “a mandate order to direct and compel INEC to promptly initiate a formal review and investigation into compliance with section 91 of the Electoral Law by all political parties and candidates, particularly in relation to the sources and extent of political or electoral financing in the current political cycle.”

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

SERAP further argues that “opaque political financing remains a major entry point to corruption and a threat to democratic legitimacy. Nigerians deserve to know who is funding the candidates or political parties of their choice and the sources of that 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 electoral financing 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, reads in part: “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 characterized by limited transparency, inadequate disclosure and weak enforcement, creating significant risks of misuse of public resources for political purposes.”

“Section 91 of the Electoral Act authorizes and requires INEC to set limits on political donations that individuals or entities may make to political parties or candidates and to require disclosure of contributions and sources of funding and to impose sanctions against violations.”

“Section 91 provides that any political party which exceeds the prescribed donation limit shall be liable to a fine of up to ₦10,000,000, plus forfeiture of the amount in excess. It provides that any individual who exceeds the donation limit commits an offense 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 Law provides that any individual, candidate or political party who exceeds the donation limits set by INEC commits an offense and is liable to sanctions upon conviction.”

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

“Exceeding donation limits results in penalties including fines, confiscation 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 places a duty on state institutions to ensure that elections are credible, transparent and inclusive.”

“Allegations of diversion or opaque use of public funds – particularly on the scale reported – pose a serious threat to the integrity of the 2027 general election.”

“The Nigerian Constitution, electoral law and anti-corruption and human rights standards prohibit the misuse of state resources and impose clear obligations on transparency and fairness in campaign financing.”

“The Commission has a constitutional and statutory obligation to ensure that no individual or political party exceeds the contribution limits prescribed by law, directly or indirectly, and to ensure full transparency regarding the source and extent of political funding.”

“Where there are allegations that large-scale financial resources – including potentially state-derived or publicly controlled funds – could influence political activity outside of legal channels, such circumstances fall squarely within the preventive and investigative mandate of the Commission, as required by electoral law.”

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

“Article 14(2)(c) of the Nigerian Constitution guarantees that: “the participation of the people in 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 CENI, to safeguard the integrity of the democratic process.”

“Article 15(5) of the Nigerian Constitution requires public institutions to abolish all corrupt practices and abuses of power. Article 13 imposes a clear responsibility on INEC to comply with, observe and enforce 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. Likewise, 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 should be fully upheld and respected. Article 7(3) of the Convention requires institutions, including INEC, to ensure transparency of political finance. The provisions aim to prevent corruption during and through elections.”

“Where public resources are allegedly diverted or used for political and electoral purposes, the result is not simply financial irregularity, but 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 purposes would constitute a serious violation of these national and international standards and a threat to electoral credibility.”

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