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SERAP sues INEC over alleged diverted N800bn APC campaign fund

The Socio-Economic Rights and Accountability Project has instituted a lawsuit against the Independent National Electoral Commission, accusing the electoral body of failing to investigate allegations that governors elected on the platform of the All Progressives Congress diverted about N800 billion from Federation Account Allocation Committee allocations for political and campaign activities.

According to a statement issued on Sunday by SERAP’s Deputy Director, Kolawole Oluwadare, the suit, marked FHC/ABJ/CS/1426/2026, was filed last week before the Federal High Court in Abuja.

The Punch reported that the organisation said media reports alleged that APC governors had been making monthly deductions from their FAAC allocations into a campaign fund to support President Bola Tinubu’s re-election bid.

SERAP attached a Premium Times opinion article written by columnist Festus Adedayo and published on May 17, 2026, as Exhibit A3 in support of its application.

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The article reportedly claimed that about N800 billion earmarked for President Tinubu’s 2027 re-election campaign had been misappropriated, while also alleging that APC governors were contributing monthly from their FAAC allocations into a dedicated campaign fund.

In the suit, SERAP is asking the court to issue an order of mandamus compelling INEC to investigate the allegations.

The organisation is also seeking “an order of mandamus to direct and compel INEC to request full disclosure from the governors and APC regarding the alleged contributions made to any dedicated campaign fund, including the names of donors and the lawful origin of funds.”

It further requested “an order of mandamus to direct and compel INEC to promptly initiate a formal review and investigation into compliance with Section 91 of the Electoral Act by all political parties and candidates, particularly in relation to the sources and scale of political or campaign financing in the current political cycle.”

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SERAP argued that the allegations raise fundamental concerns about transparency in political financing, electoral integrity and Nigerians’ constitutional right to freely participate in governance.

The group maintained that secretive political funding creates opportunities for corruption and poses a threat to democratic accountability.

The suit, filed by SERAP’s lawyers, Kolawole Oluwadare and Kehinde Oyewumi, stated that the alleged diversion or non-transparent use of public funds represents “a grave risk to the integrity of the 2027 general elections.”

According to the organisation, the scale of public funds involved, coupled with weak transparency and oversight mechanisms, provides sufficient basis for INEC to exercise its constitutional and statutory powers.

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SERAP also contended that the Electoral Act authorises the electoral commission to regulate political donations, require disclosure of contributors and funding sources, and sanction any violations.

“Section 91 of the Electoral Act empowers and requires INEC to set limits on political donations that individuals or entities can make to political parties or candidates and demand disclosure of contributions and sources of funds, and enforce sanctions against violations.

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

“For political parties, this includes a fine of up to ₦10,000,000 and forfeiture of any amount received above the prescribed limit, while individuals are liable to a penalty of five times the amount contributed in excess of the allowable limit.

“Exceeding donation limits attracts sanctions, including fines, forfeiture of excess funds, and penalties of up to five times the amount contributed in excess for individuals,” it said.

SERAP insisted that where allegations concern the possible deployment of state-controlled or public funds for political purposes, INEC has a legal responsibility under the Constitution and the Electoral Act to investigate and monitor compliance.

The organisation added that the commission’s alleged failure to actively enforce campaign finance regulations weakens public trust in the electoral system and undermines Nigerians’ constitutional right to participate in governance.

No hearing date has been scheduled for the case.

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