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 All Progressives Congress (APC) diverted about N800 billion from Federation Account Allocation Committee (FAAC) allocations for political and campaign purposes.
The suit, filed last week and marked FHC/ABJ/CS/1426/2026, is seeking a court order compelling the electoral commission to investigate the allegations and ensure compliance with the provisions of the Electoral Act on campaign financing ahead of the 2027 general elections.
According to SERAP, reports alleged that APC governors have been making monthly contributions from their FAAC allocations into a dedicated campaign fund to support the re-election bid of President Bola Tinubu.
The rights group said the allegations, if left uninvestigated, could undermine public confidence in Nigeria’s electoral process and raise questions about the transparency of campaign financing.
In the suit, SERAP is asking the court to issue an order of mandamus directing INEC to investigate the allegations against the governors and determine whether public funds were diverted for political purposes.
The organisation is also asking the court to compel the commission to demand full disclosure from the governors and the APC regarding the alleged campaign fund, including the identities of contributors and the lawful sources of the money.
In addition, SERAP wants the court to direct INEC to begin a formal review of the campaign financing activities of all political parties and candidates to ensure compliance with Section 91 of the Electoral Act.
According to the organisation, the review should focus on the sources of campaign funds, the scale of donations and whether any party or candidate exceeded the legal limits provided under the law.
The lawsuit was filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Kehinde Oyewumi.
In the court documents, the organisation argued that the allegations raise serious concerns about transparency, accountability and fairness in Nigeria’s political process.
SERAP said Nigerians have a constitutional right to know who finances political parties and candidates and whether public resources are being used to influence elections.
According to the group, opaque political financing has remained one of the major channels through which corruption enters the political system.
It argued that the misuse of public funds for campaign purposes would weaken democracy, distort electoral competition and reduce public trust in democratic institutions.
“The abuse of state resources for electoral advantage undermines democratic integrity and public trust. Fairness, transparency, and accountability in political or campaign finance are essential safeguards against corruption, state capture, and undue influence in democratic processes,” SERAP stated.
The organisation further argued that the alleged diversion of public funds poses a serious threat to the credibility of the 2027 general elections.
According to SERAP, the combination of large public financial allocations, limited transparency and weak oversight creates a strong basis for INEC to activate its constitutional and statutory powers to investigate the matter.
It maintained that political financing in Nigeria continues to suffer from inadequate disclosure, weak enforcement and limited transparency, creating opportunities for the misuse of public resources.
SERAP relied heavily on Section 91 of the Electoral Act, which empowers INEC to regulate political donations, demand disclosure of campaign contributions and enforce sanctions where political parties or individuals violate the law.
The organisation noted that the law provides penalties for parties and individuals who exceed approved donation limits.
According to the Electoral Act, a political party that receives donations above the prescribed limit is liable to a fine of up to N10 million and may also forfeit the excess amount.
The law also provides that any individual who exceeds the approved donation limit commits an offence and may be fined five times the amount contributed beyond the legal limit.
SERAP argued that these provisions place a clear responsibility on INEC to monitor campaign financing and investigate allegations of unlawful political funding.
The organisation also cited several provisions of the 1999 Constitution, saying they impose obligations on public institutions to protect democracy and prevent corruption.
It referred to Section 14(2)(c) of the Constitution, which guarantees citizens the right to participate in their government, arguing that elections must be conducted in a manner that is free, fair and not influenced by unlawful financial advantages.
SERAP also relied on Sections 13 and 15(5) of the Constitution, which require public institutions to uphold constitutional principles and work towards eliminating corruption and abuse of power.
Beyond Nigerian laws, the organisation cited international treaties ratified by Nigeria, 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 international agreements require transparency in political financing, accountability in the management of public resources and measures to prevent corruption during elections.
The organisation argued that where public funds are allegedly diverted for campaign purposes, the consequences go beyond financial misconduct.
It said such actions would distort political competition, deny voters a level playing field and weaken the credibility of elections.
“Where public resources are allegedly diverted or deployed for political and campaign purposes, the result is not merely financial impropriety—it is a direct distortion of electoral competition,” the group stated in the court documents.
SERAP further argued that INEC has both constitutional and statutory powers to investigate allegations relating to campaign financing and ensure that political parties comply with the Electoral Act.
It maintained that the commission’s failure to act proactively on the reported allegations could undermine public confidence in Nigeria’s electoral institutions.
The lawsuit comes as political activities ahead of the 2027 general elections continue to gather momentum across the country.
Campaign financing has remained one of the major issues in Nigeria’s electoral system, with civil society organisations repeatedly calling for stricter enforcement of spending limits and greater transparency in political donations.
As of Sunday, neither INEC nor the APC had publicly responded to the lawsuit.
The Federal High Court in Abuja has yet to fix a date for the hearing of the case.