SERAP Sues INEC Over Alleged Diversion Of N800billion By APC Governors For Tinubu’s Re-Election Campaign

The Socio-Economic Rights and Accountability Project (SERAP) has dragged the Independent National Electoral Commission (INEC) before the Federal High Court in Abuja over its alleged failure to investigate claims that governors elected on the platform of the ruling All Progressives Congress (APC) diverted N800billion in public funds for political and campaign purposes.

According to reports cited by SERAP, APC governors have allegedly been making monthly contributions from their Federation Account Allocation Committee (FAAC) allocations into a dedicated campaign fund to support President Bola Tinubu’s 2027 re-election bid.

In the suit marked FHC/ABJ/CS/1426/2026, filed at the Federal High Court in Abuja, SERAP is asking the court to compel INEC to investigate the allegations and enforce compliance with campaign finance provisions under the Electoral Act.

The rights group is seeking an order of mandamus directing INEC to investigate the alleged diversion of N800 billion by APC governors for political and campaign purposes.

SERAP is also asking the court to compel the electoral commission to request full disclosure from the governors and the APC regarding the alleged contributions to any dedicated campaign fund, including the identities of donors and the lawful sources of the funds.

The group further wants the court to order INEC to immediately commence a formal review into compliance with Section 91 of the Electoral Act by all political parties and candidates, particularly regarding the sources and scale of campaign financing in the current political cycle.

In the lawsuit, filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Kehinde Oyewumi, the group argued that the allegations raise serious concerns about political finance transparency, electoral fairness, and Nigerians’ constitutional right to participate freely in governance.

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“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 stated.

“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.

โ€œFairness, transparency, and accountability in political or campaign finance are essential safeguards against corruption, state capture, and undue influence in democratic processes.”

SERAP further argued that the allegations “pose a grave risk to the integrity of the 2027 general elections.”

The group said, “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.”

SERAP also noted that political financing in Nigeria continues to suffer from “limited transparency, inadequate disclosure, and weak enforcement,” creating opportunities for the misuse of public resources for political purposes.

Citing Section 91 of the Electoral Act, SERAP noted that INEC has both the authority and legal obligation to regulate political donations, demand disclosure of campaign contributions and their sources, and sanction violations.

SERAP noted that any political party that exceeds the donation limits prescribed by INEC is liable to a fine of up to N10 million and forfeiture of the excess amount, while individuals who exceed the limits are liable to fines amounting to five times the excess contribution.

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The group maintained, “the right to political participation requires that citizens have a real opportunity to exercise their political rights,” adding that free, fair, and transparent elections are fundamental human rights requiring active protection by state institutions.

SERAP argued that the reported scale of the alleged diversion of public funds, coupled with weak oversight mechanisms, provides sufficient grounds for INEC to exercise its investigative powers under the Constitution and the Electoral Act.

SERAP further contended that the Nigerian Constitution, the Electoral Act, anti-corruption laws and international human rights standards prohibit the misuse of public resources for political advantage and impose obligations on INEC to ensure transparency in campaign financing.

According to SERAP, “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.”

The group accused INEC of failing to proactively enforce constitutional and electoral provisions relating to political finance, thereby undermining public confidence in electoral institutions.

SERAP also relied on Sections 13, 14(2)(c) and 15(5) of the Nigerian Constitution, arguing that they impose duties on public institutions to promote democratic participation, prevent corruption and uphold constitutional principles.

The group further cited Article 13 of the African Charter on Human and Peoples’ Rights, Article 25 of the International Covenant on Civil and Political Rights, and provisions of the United Nations Convention against Corruption, all of which Nigeria has ratified.

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According to the group, these international instruments require transparency in political financing and accountability in the management of public resources.

SERAP said that where public funds are allegedly diverted for political campaigns, the consequence is “a direct distortion of electoral competition” that undermines citizens’ ability to freely choose their representatives.

The group added, “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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