SERAP sues INEC over failure to disclose political donations limits

By Isa Isawade

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Independent National Electoral Commission (INEC) “over its failure to disclose the limits on political contributions under section 91 of the Electoral Act 2026, including whether the Commission has exercised its statutory power to set such limits and, if so, why the applicable limits have not been publicly disclosed and communicated to political parties, candidates, donors and Nigerians.”

The lawsuit followed INEC’s failure to disclose whether it has prescribed limits on political contributions under section 91 of the Electoral Act 2026. Such limits are important safeguards for transparency, accountability and fair electoral competition. Their non-disclosure leaves Nigerians unclear about the rules governing political donations and raises questions about compliance with the law.

In the suit number FHC/ABJ/CS/2114/2026 filed last week at the Federal High Court in Abuja, SERAP is seeking: “an order of mandamus to direct and compel INEC to urgently disclose whether it has prescribed limits on political contributions, the specific limits prescribed, and the measures taken to publish and communicate them to political parties, candidates, donors and the public.”

SERAP is also seeking: “an order of mandamus to direct and compel INEC to disclose the systems and procedures in place to monitor, investigate and enforce compliance with prescribed limits on political contributions and campaign expenditure, particularly in preparation for the 2027 general elections.”

In the suit, SERAP is arguing that: “greater transparency in political financing is essential to ensuring that the 2027 elections are conducted on a level playing field and that citizens are able to make free and informed political choices.

“INEC’s constitutional responsibility is not simply to receive financial statements from political parties. The Nigerian Constitution 1999 (as amended) requires the Commission to examine political-party finances, conduct necessary investigations and report to the National Assembly.

“Publishing these reports would enable Nigerians to know whether these constitutional and statutory responsibilities have been effectively discharged.”

The lawsuit filed on behalf of SERAP by its lawyers, Oluwakemi Agunbiade, Kehinde Oyewumi, Andrew Nwankwo and Valentina Adegoke, reads in part: “Voters, journalists and civil-society organisations cannot effectively scrutinise political financing if the applicable limits are not easily accessible or if there is no publicly known mechanism for monitoring compliance.

“The increasing monetisation of Nigeria’s elections, alongside the potential misuse of state institutions, poses serious threats to democratic integrity and electoral competition.

“INEC should be compelled to disclose and publish the political-contribution limits prescribed under section 91 of the Electoral Act, 2026, as well as political parties’ latest financial statements, audited accounts, sources of funds, assets, liabilities and election-expenditure returns for 2023–2025.

“INEC should also be compelled to disclose its examination and audit reports under sections 225 and 226, including reports submitted to the National Assembly, and details of enforcement action taken for political-finance violations.

“The Court should further compel INEC to disclose its political-finance monitoring and enforcement arrangements for the 2027 general elections, including the parties that submitted post-2023 contribution reports, the dates of submission, and action taken against parties that failed to comply with statutory reporting requirements.”

No date has been fixed for the hearing of the suit.