SERAP SEEKS COURT ORDER TO COMPEL INEC TO ACCOUNT FOR N126BN

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By: Fasasi Hammad

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Independent National Electoral Commission (INEC) over its alleged failure to account for more than ₦126.46 billion allocated for electoral operations.

In a statement issued on Sunday and signed by its Deputy Director, Kolawole Oluwadare, SERAP said it had approached the Federal High Court in Abuja to compel INEC to disclose details of how the funds were spent, utilised and disbursed.

The organisation is seeking information on the expenditure, including funds allocated for the procurement of election materials, equipment, vehicles and other services.

According to SERAP, the allegations were contained in the 2023 audited report of the Auditor-General of the Federation, published on August 7, 2026. The report examined transactions covering January to December 2022, with some extending to December 31, 2023.

In suit number FHC/ABJ/CS/2507/2026, filed last week, SERAP is asking the court to issue an order of mandamus compelling INEC to provide a detailed account of the expenditure, including amounts released and paid, the beneficiaries of the payments, the contractors involved and their beneficial owners.

The organisation argued that the allegations raised serious concerns about the management of public funds earmarked for Nigeria’s electoral process.

“Electoral resources are public resources. INEC must be able to account for every naira, demonstrate that it was lawfully spent and show that it served the purposes for which it was appropriated,” SERAP stated.

It added that the allegations were particularly troubling given INEC’s constitutional responsibilities and the importance of the funds to the administration of the country’s electoral system.

SERAP stressed that transparency and accountability were crucial as Nigeria prepares for the 2027 general elections, noting that proper management of electoral funds was necessary to maintain public confidence in the electoral process.

The organisation further argued that the Auditor-General’s findings suggested possible violations of the 1999 Constitution, as amended, national anti-corruption laws and Nigeria’s obligations under the United Nations Convention against Corruption.

The suit, filed by SERAP’s lawyers, Kolawole Oluwadare, Kehinde Oyewumi and Andrew Nwankwo, outlined several alleged financial irregularities identified in the audit report.

Among the allegations, SERAP said INEC irregularly paid more than ₦112.15 billion for ballot boxes, electoral devices and other materials without competitive bidding or a Certificate of No Objection from the Bureau of Public Procurement (BPP).

The suit also alleged that there was no evidence that the items had been procured, adding that the contracts were awarded to companies whose competence, experience, capacity, addresses and factory locations were unknown.

According to SERAP, the Auditor-General expressed concern that the funds might have been diverted and recommended their recovery.

The organisation also cited an alleged payment of ₦1.05 billion for Toyota Prado TXL 2021 model vehicles, claiming the transaction was carried out without advertisement, competitive bidding, bid evaluation or a BPP Certificate of No Objection.

The audit reportedly raised concerns that the money might have been lost and that the contracts could have been inflated.

SERAP further alleged that INEC paid more than ₦3.13 billion to four contractors for ballot guides, sensitive materials and result sheets before the contracts were awarded. It said the Auditor-General questioned the transactions and recommended that the funds be recovered and returned to the treasury.

Another allegation involved payments exceeding ₦9.24 billion for 22 contracts covering similar goods and services. The suit claimed the contracts were split to circumvent procurement procedures and awarded on the same day.

The Auditor-General reportedly raised concerns that the money might have been lost or paid for items that were never supplied.

SERAP also questioned payments of more than ₦129 million to 19 accounting firms for financial audit services, alleging there was no evidence of utilisation, requests or expenditure by the consultants.

In addition, the organisation cited an alleged payment of over ₦504 million for accreditation devices without due procurement procedures. It said the audit raised concerns that the security licence key was delivered after the APG had expired, while the software was valid for only four months.

The suit also identified an alleged payment of more than ₦235 million to contractors for sleeping mats and digital archiving, raising concerns about the contractors’ qualifications, eligibility and capacity.

SERAP said the Auditor-General suspected that the funds might have been lost and called for their recovery.

Among its demands, the organisation wants the court to compel INEC to provide documentary and physical evidence showing that the more than ₦112 billion identified as irregularly paid was used to procure the relevant electoral materials. It also wants details of the materials’ current locations and status.

“Nigerians have a right to know every public act, everything that is done in the public interest, by their public institutions including INEC,” the organisation stated.

SERAP is also asking the court to direct INEC to preserve all electoral equipment, materials and other public assets covered by the audit findings to prevent their disposal, transfer, destruction or write-off in ways that could undermine accountability.

Furthermore, the organisation wants INEC to publish the names of contractors, suppliers and consultants who allegedly received irregular payments, alongside details of public officials who authorised or facilitated the transactions or benefited from them.

It maintained that Nigerians had the right to know whether the contracted goods and services were delivered, whether payments corresponded with items supplied and whether contracts were deliberately divided to evade procurement requirements.

To support its case, SERAP cited Sections 13 and 15(5) of the Nigerian Constitution, which address the responsibilities of public institutions and the need to abolish corruption and abuse of power.

It also referenced Nigeria’s obligations under the United Nations Convention against Corruption, Article 25 of the International Covenant on Civil and Political Rights, and Article 13 of the African Charter on Human and Peoples’ Rights.

The organisation argued that these legal provisions reinforce the principles of transparency in public financial management and citizens’ participation in public affairs.

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

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