By Ayo Kehinde
The 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 ₦800 billion for political and campaign purposes.”
The suit, numbered FHC/ABJ/CS/1426/2026, was filed last week before the Federal High Court in Abuja. Through the action, SERAP is seeking an order of mandamus compelling INEC to investigate the allegations and fully exercise its constitutional and statutory powers to ensure transparency and accountability in political financing ahead of the 2027 general elections.
According to reports cited in the suit, APC governors allegedly make monthly deductions from their Federation Account Allocation Committee (FAAC) allocations into a dedicated campaign fund to support President Bola Tinubu’s re-election bid.
Aside from seeking an investigation, SERAP is asking the court to compel INEC to obtain full disclosure from the APC and the affected governors on the alleged contributions, including the identities of all donors, the total amounts contributed, the campaign fund’s structure and the lawful origin of the funds.
The organisation is also asking the court to direct the Electoral Commission to commence a comprehensive review and investigation into compliance with Section 91 of the Electoral Act by all political parties and candidates, particularly regarding campaign financing, political donations and the sources of funds being deployed for electioneering activities.
In the suit filed by its lawyers, Kolawole Oluwadare and Kehinde Oyewumi, SERAP argued that the allegations raise serious concerns over political finance transparency, electoral fairness and Nigerians’ constitutional right to participate in their government freely.
The organisation contended that opaque political financing remains one of the biggest entry points for corruption and constitutes a major threat to democratic legitimacy. It maintained that Nigerians are entitled to know who finances political parties and candidates, the amount of such donations and whether the funds were lawfully obtained.
SERAP further argued that the alleged use of public resources for electoral advantage undermines democratic integrity, weakens public confidence in electoral institutions and distorts the principle of a level playing field among political parties.
According to the organisation, the reported diversion or opaque use of public funds on the scale alleged poses a grave threat to the credibility of the 2027 general elections.
It stated that the combination of huge public fiscal flows, weak transparency mechanisms, opaque deductions from FAAC allocations and allegations of misuse of public funds provides more than sufficient grounds for INEC to activate its constitutional investigative and monitoring powers.
SERAP noted that political financing in Nigeria continues to suffer from poor disclosure requirements, weak enforcement and limited transparency, thereby creating significant opportunities for abuse of public resources for partisan political purposes.
The group relied on Section 91 of the Electoral Act, arguing that the provision empowers and requires INEC to prescribe limits on political donations by individuals and organisations, demand disclosure of campaign contributions and their sources, and enforce sanctions where violations occur.
It pointed out that under the Electoral Act, any political party that exceeds the prescribed donation limit is liable to a fine of up to ₦10 million, in addition to forfeiture of any amount received over the legal limit.
Similarly, SERAP said individuals who exceed the donation limit commit an offence and are liable to a penalty amounting to five times the excess contribution.
According to the organisation, exceeding campaign donation limits attracts sanctions, including fines, forfeiture of excess funds and substantial financial penalties designed to discourage the abuse of political financing.
SERAP argued that the Nigerian Constitution places a positive obligation on INEC to protect the integrity of the electoral process and ensure that elections are free, fair and transparent.
The organisation specifically cited Sections 13, 14(2)(c) and 15(5) of the 1999 Constitution (as amended), maintaining that they require public institutions to guarantee citizens’ participation in governance, abolish corruption and abuse of power, and faithfully implement the provisions of Chapter II of the Constitution.
According to SERAP, INEC also has clear constitutional and statutory obligations to ensure that no political party or individual exceeds legally prescribed contribution limits, whether directly or indirectly, and to guarantee full transparency regarding the origin and quantum of political funding.
The rights group further argued that where credible allegations exist that state resources or publicly controlled funds may have been channelled into political activities outside lawful processes, such circumstances fall squarely within INEC’s preventive and investigative mandate under the Electoral Act.
SERAP equally relied on Nigeria’s obligations under the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights (ICCPR) and the United Nations Convention Against Corruption (UNCAC), all of which require transparency, accountability and fairness in political financing.
The organisation argued that Article 7(3) of the UNCAC specifically requires institutions such as INEC to promote transparency in political financing as a means of preventing corruption in electoral processes.
According to SERAP, where public resources are diverted for political or campaign purposes, the consequences extend beyond financial misconduct, amounting to a direct distortion of electoral competition, undermining citizens’ ability to choose their representatives freely, and threatening the legitimacy of democratic governance.
The organisation accused INEC of failing to proactively enforce constitutional and statutory provisions regulating campaign finance, warning that continued inaction could erode public confidence in electoral institutions and compromise the credibility of the 2027 general elections.
No date has been fixed for the hearing of the suit.
