SERAP urges INEC to probe alleged ₦800bn FAAC diversion

The Socio-Economic Rights and Accountability Project (SERAP) has urged Professor Joash Amupitan, the Chairman of the Independent National Electoral Commission (INEC), to promptly, thoroughly, impartially, independently, transparently, and effectively investigate allegations that governors of the All Progressives Congress (APC) diverted ₦800 billion for political and campaign purposes.

SERAP requested that the Chairman demand full disclosure from the governors and the APC regarding contributions made to any dedicated campaign fund including the identities of donors and the lawful origin of the funds and provide these details to the organization.

SERAP further urged INEC to collaborate urgently with appropriate anti-corruption and law enforcement agencies to enforce applicable sanctions where violations are identified, including prosecution, fines, and the forfeiture of any unlawful contributions.

The electoral body was also urged to promptly initiate a formal review and investigation into compliance with Section 91 of the Electoral Act by all political parties and candidates, particularly regarding the sources and scale of political and campaign financing in the current political cycle.

In a letter dated 16 May 2026 and signed by SERAP Deputy Director Kolawole Oluwadare, the organization stated that these allegations raise serious concerns about political finance transparency, electoral fairness, and the constitutional right of Nigerians to participate freely in their own government.

The organization noted that the abuse of state resources for electoral advantage undermines democratic integrity and public trust, emphasizing that fairness, transparency, and accountability in campaign finance are essential safeguards against corruption, state capture, and undue influence in democratic processes.

According to SERAP, opaque political financing remains a major entry point for corruption and a threat to democratic legitimacy.

The organization maintained that Nigerians deserve to know who funds the candidates or political parties of their choice, as well as the sources of such funding.

The letter stressed that the allegations of diversion or the opaque use of public funds pose a grave risk to the integrity of the 2027 general elections, adding that large-scale public fiscal flows, combined with weak transparency mechanisms, create a reasonable basis for INEC to activate its constitutional and statutory mandates.

SERAP requested that the recommended measures be taken within seven days of the receipt or publication of the letter. The organization stated that if it does not receive a response by then, it will take all appropriate legal actions to compel INEC to comply with the request in the public interest.

Expressing concern over the low levels of transparency in Nigerian political finance and the lack of effective enforcement guidelines, SERAP highlighted that Section 91 of the Electoral Act empowers INEC to set limits on political donations, demand disclosure of contributions and their sources, and enforce sanctions against violations.

Reports allege that APC governors are making monthly contributions from their Federation Account Allocation Committee (FAAC) allocations to a dedicated campaign fund to finance President Bola Tinubu’s re-election campaign.

SERAP emphasized that these allegations raise serious concerns regarding political finance transparency, democratic governance, electoral integrity, and the fundamental right of Nigerians to political participation.

The right to free, fair, and transparent elections is a fundamental human right, which imposes a duty on state institutions to ensure that elections are credible, transparent, and inclusive. The combination of large-scale public fiscal flows, opaque deduction structures, and allegations of misusing public funds for political purposes creates a reasonable basis for INEC to exercise its investigative and monitoring mandates under the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the Electoral Act.

Section 91 of the Electoral Act 2022 empowers the Commission to set legal limits on donations that individuals or entities can make to political parties or candidates, and it requires full disclosure of the amounts donated and their sources. Section 91 establishes that any political party exceeding the prescribed donation limit is liable to a fine of up to ₦10,000,000, alongside the forfeiture of the excess amount. Section 91(2) further provides that any individual, candidate, or political party exceeding these limits commits an offence. Upon conviction, political parties face a fine of up to ₦10,000,000 and forfeiture of the excess funds, while individuals are liable to a penalty equal to five times the amount contributed in excess of the allowable limit.

Section 14(2)(c) of the Nigerian Constitution also guarantees that the participation by the people in their government shall be ensured. This provision imposes a positive constitutional obligation to maintain electoral conditions that are free, fair, and undistorted by undue influence. It also places a binding obligation on all institutions, including INEC, to safeguard the integrity of the democratic process. Similarly, Section 15(5) of the Constitution requires public institutions to abolish all corrupt practices and abuse of power, while Section 13 imposes a clear responsibility on INEC to conform to, observe, and apply the provisions of Chapter 2 of the Constitution.

On the international front, Article 13 of the African Charter on Human and Peoples’ Rights guarantees every citizen the right to participate freely in government. Similarly, Article 25 of the International Covenant on Civil and Political Rights requires that elections reflect the free expression of the will of the electorate. Nigeria has ratified both treaties.

Additionally, Nigeria has made legally binding commitments under the UN Convention against Corruption to ensure accountability in the management of public resources. Articles 5 and 9 of the Convention impose legal obligations on the Commission to ensure the proper management of public affairs and public funds, commitments that ought to be fully upheld and respected. Article 7(3) of the Convention specifically requires institutions, including INEC, to ensure political finance transparency in order to prevent corruption in and through elections.

SERAP concluded that when public resources are allegedly diverted or deployed for campaign purposes, the result is not merely financial impropriety, it is a direct distortion of electoral competition. Such actions undermine the principle of a level playing field and erode the ability of citizens to freely choose their representatives. The Nigerian Constitution, the Electoral Act, and international anti-corruption and human rights standards strictly prohibit the misuse of state resources.

The Commission has clear constitutional and statutory obligations to ensure that no individual or political party exceeds legally prescribed contribution limits, whether directly or indirectly. Where allegations exist that large-scale financial resources including potentially state-derived or publicly controlled funds may be influencing political activity outside lawful channels, such circumstances fall squarely within the preventive and investigative mandate of INEC. Any failure to proactively enforce these provisions would further undermine public trust in electoral institutions and potentially compromise the right of Nigerians to participate in their own government.