The Socio-Economic Rights and Accountability Project (SERAP) has instituted legal action against the Independent National Electoral Commission (INEC), seeking a court order compelling the electoral body to investigate allegations that governors elected on the platform of the All Progressives Congress (APC) diverted about ₦800 billion of public funds for political and campaign purposes.
The suit follows reports alleging that APC governors have been making monthly deductions from their Federation Account Allocation Committee (FAAC) allocations into a dedicated campaign fund intended to support President Bola Tinubu’s re-election bid in the 2027 general election.
In the case marked FHC/ABJ/CS/1426/2026, filed last week before the Federal High Court in Abuja, SERAP is asking the court to issue an order of mandamus directing INEC to investigate the allegations and determine whether the reported campaign financing arrangements violate provisions of the Electoral Act.
The organisation is also requesting an order compelling the electoral commission to obtain full disclosure from the governors and the APC regarding all alleged contributions made into the campaign fund, including the identities of donors and the lawful sources of the money.
In addition, SERAP wants the court to order INEC to commence a comprehensive review of compliance with Section 91 of the Electoral Act by political parties and candidates, particularly concerning campaign funding, donations and the sources of financial support for political activities ahead of the 2027 elections.
According to SERAP, the allegations raise fundamental concerns about transparency in political financing, electoral fairness and the constitutional rights of Nigerians to freely participate in democratic governance.
The organisation argued that undisclosed campaign financing remains one of the major channels through which corruption infiltrates the electoral process and undermines democratic accountability.
“Nigerians deserve to know who funds the candidates or political parties of their choice and the sources of any such funding,” SERAP stated.
The rights group further contended that using public resources to obtain political advantage compromises democratic institutions and erodes public confidence in elections.
It stressed that fairness, openness and accountability in campaign financing are indispensable safeguards against corruption, abuse of state resources and undue political influence.
The suit, filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Kehinde Oyewumi, argued that the allegations pose a significant threat to the credibility of the forthcoming 2027 general elections.
According to the applicants, “the allegations of diversion or opaque use of public funds pose a grave risk to the integrity of the 2027 general elections.”
SERAP maintained that the scale of the alleged financial contributions, coupled with the absence of adequate transparency mechanisms, provides sufficient grounds for INEC to activate its investigative powers under the Constitution and the Electoral Act.
The organisation noted that political financing in Nigeria continues to suffer from weak disclosure requirements, limited transparency and inadequate enforcement, thereby increasing the likelihood of misuse of public resources during elections.
Citing Section 91 of the Electoral Act, SERAP argued that INEC possesses clear statutory powers to regulate political donations, establish contribution limits, demand disclosure of funding sources and sanction violations.
According to the organisation, the law provides that political parties exceeding prescribed donation limits are liable to fines of up to ₦10 million and forfeiture of excess contributions.
It added that individuals making donations beyond legally permitted limits commit an offence punishable by fines amounting to five times the excess contribution.
SERAP further argued that Section 91(2) of the Electoral Act imposes sanctions on political parties, candidates and individuals who violate campaign finance provisions.
The organisation said these penalties demonstrate the National Assembly’s intention to prevent excessive or unlawful financial influence in Nigeria’s electoral process.
According to SERAP, the constitutional right to political participation cannot be meaningfully exercised where elections are influenced by undisclosed or improperly sourced funding.
The organisation maintained that free, fair and transparent elections constitute a fundamental democratic right, requiring state institutions to ensure electoral competition remains credible and free from undue financial influence.
It argued that allegations involving the diversion of substantial public funds for political activities fall squarely within INEC’s constitutional responsibility to monitor campaign financing and preserve electoral integrity.
SERAP also cited Sections 13, 14(2)(c) and 15(5) of the 1999 Constitution (as amended), arguing that public institutions are constitutionally required to prevent corruption, eliminate abuse of power and guarantee meaningful public participation in governance.
The organisation further relied on Nigeria’s obligations under international instruments, including the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights and the United Nations Convention against Corruption.
According to SERAP, these treaties require Nigeria to ensure transparency in political financing, proper management of public resources and equal electoral opportunities for all participants.
The suit argued that where state resources are allegedly deployed to finance political campaigns, the resulting imbalance undermines electoral competition and weakens citizens’ ability to freely determine their political future.
“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,” SERAP stated.
The organisation accused INEC of failing to proactively enforce constitutional and statutory provisions relating to campaign financing, warning that such inaction weakens confidence in the electoral process.
SERAP maintained that the electoral commission has both preventive and investigative responsibilities where credible allegations of unlawful campaign financing arise.
The organisation argued that any diversion of public resources for electoral purposes would amount not only to financial misconduct but also to a direct assault on democratic principles and electoral fairness.
As of the time of filing this report, the Federal High Court had not fixed a date for hearing the matter.
