Reported by: Ijeoma G | Edited by: Gabriel Osa
Abuja — The Socio-Economic Rights and Accountability Project (SERAP), a prominent Nigerian civil society organisation, has launched a high-stakes legal challenge against the Independent National Electoral Commission (INEC), accusing the electoral body of failing to account for ₦55.9 billion earmarked for the procurement of materials used in the 2019 general elections. The lawsuit, filed at the Federal High Court in Abuja, intensifies scrutiny over public expenditure on elections and questions the credibility of financial management within one of the nation’s most vital democratic institutions.
The suit, marked FHC/ABJ/CS/38/2026, was filed on January 9, 2026, and seeks what lawyers term an “order of mandamus” compelling INEC to fully account for the allegedly missing funds. SERAP is also asking the court to direct the commission to disclose the identities of all contractors who received portions of the ₦55.9 billion and provide detailed information about the directors and shareholders of those companies.
According to SERAP, the funds were originally allocated for the purchase of critical election materials — including smart card readers, ballot papers, result sheets and other essential items — for the conduct of the country’s 2019 general elections. The organisation argues that transparency in such spending is indispensable to the credibility of Nigeria’s electoral process and to upholding citizens’ constitutional rights.
The allegations underpinning the lawsuit are drawn from the latest annual report of the Auditor-General of the Federation, published on September 9, 2025, which flagged serious irregularities and procurement breaches in election spending. SERAP’s legal filing directly references these findings, asserting that they point to a grave violation of public trust, transparency and accountability.
Central to SERAP’s case are assertions that INEC made irregular payments for election materials without following due procurement procedures mandated by law. The Auditor-General’s report, cited extensively in the suit, is said to have identified multiple questionable transactions that indicate money may have been diverted from its intended purpose.
Among the findings highlighted:
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Over ₦5.3 billion allegedly paid for smart card readers without prior approval from the Bureau of Public Procurement (BPP) or the Federal Executive Council, and with no verifiable evidence that supplies were delivered as claimed. INEC reportedly justified the lack of approvals on the basis that smart card readers fell under “national defence or national security” exemptions — a position rejected by the Auditor-General as “alien to the Procurement Act.”
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Payments exceeding ₦4.5 billion to six contractors for ballot papers and result sheets without any documentary evidence of supplies and in the absence of key procurement procedures such as bid advertisement, bid evaluation and certificates of no objection from the BPP.
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Questionable payments of over ₦331 million to contractors under circumstances described in the audit report as lacking adequate supporting documentation, suggesting potential misuse or diversion of funds.
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Failure to deduct and remit over ₦2.1 billion in stamp duties from contractors for the 2018–2019 period, with INEC reportedly claiming it did not receive circulars demanding such deductions — a defence the Auditor-General characterised as unsatisfactory.
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Non-retirement of over ₦630 million in cash advances extended to INEC officials, with multiple advances reportedly granted without retirement of previous disbursements.
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The award of contracts worth over ₦41 billion for the printing of election materials without evidence that the companies involved had relevant qualifications, and without due approval from the Federal Executive Council or a certificate of no objection from the BPP.
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Queries over the purchase of four Toyota Land Cruiser vehicles at a combined cost of approximately ₦297 million, despite market surveys at the time indicating that comparable vehicles would not have cost more than ₦50 million each.
These findings, listed in the Auditor-General’s report and repeated in the SERAP suit, form the core of the organisation’s allegations that public funds were potentially diverted or mismanaged, undermining not only procedural standards but also public confidence in the integrity of Nigeria’s electoral system.
In its legal filing, SERAP underscored that a failure to address these allegations would have lasting implications for Nigeria’s democratic processes. The organisation argues that free, fair and transparent elections — cornerstones of democratic governance — cannot be guaranteed if the country’s electoral body operates without rigorous financial accountability.
SERAP’s lawyers argue that the court should not only compel INEC to provide a detailed breakdown of how the ₦55.9 billion was spent but also to ensure that the names of the companies and individuals who received payments are made public. The court orders sought, the organisation explains, are critical to restoring public trust and ensuring accountability for public funds.
The civil society group further asserts that failing to prosecute those responsible for alleged mismanagement or diversion of funds, and recovering any money improperly spent, would set a dangerous precedent that could embolden similar lapses in future electoral cycles.
The lawsuit comes at a time when Nigeria continues to grapple with questions around electoral credibility, procurement transparency, and public confidence in democratic institutions. Allegations of financial irregularities in election spending are particularly sensitive because they touch on core elements of governance and the legitimacy of electoral outcomes.
Critics of electoral management have long argued that financial transparency is essential for ensuring that elections are conducted fairly and without undue influence. The involvement of independent auditors and civil society watchdogs in highlighting potential discrepancies underscores the importance of external oversight in democratic systems.
SERAP’s decision to take the matter to court reflects a broader trend in which civil society seeks judicial remedies to enforce accountability when administrative or political channels have not yielded satisfactory responses. Should the court grant the orders sought, it could mark a significant step toward strengthening financial governance in Nigeria’s electoral framework.
As of the time of filing, no hearing date has been scheduled for the suit. Observers and stakeholders across the political spectrum will be watching closely for developments in the case, recognising that its outcome could influence public perceptions of both INEC’s conduct and the broader fight against corruption in Nigeria’s public sector.
The federal judiciary’s role in adjudicating such high-profile disputes is pivotal, with implications not only for institutional accountability but also for the broader pursuit of transparent governance in Africa’s most populous nation.
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