SERAP, NGE Give National Assembly Ultimatum: Withdraw 'Unconstitutional' Foreign Aid Bill or Face Court Action

Published on 30 August 2026 at 12:16

Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.

The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have threatened legal action against the National Assembly over the proposed Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026, which they say is unconstitutional and poses a grave threat to civic space and media freedom. In a joint open letter dated August 29, 2026, addressed to Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas, the organisations called for the immediate rejection and withdrawal of the bill, warning that its passage would be a "blatant assault" on democratic freedoms.

Sponsored by Senator Ibrahim Dankwambo (PDP, Gombe North), the bill seeks to establish a Foreign Aid Regulatory Commission (FARC) to oversee all foreign grants, donations, and technical assistance entering the country. Under the proposed law, all recipients of foreign aid—including civil society organisations, independent media, religious bodies, and private entities—would be required to register with the commission within 30 days of receiving any foreign assistance. The bill also imposes severe penalties for non-compliance, including a minimum fine of ₦20 million, suspension or revocation of operating licences, and possible imprisonment for individuals.

SERAP and the NGE have argued that the bill goes far beyond legitimate financial transparency and would hand the executive sweeping powers over organisations that are vital to public accountability and democratic participation. They pointed out that Nigeria already has multiple agencies responsible for corporate registration, financial reporting, anti-money laundering, and tax compliance—including the Corporate Affairs Commission, the Economic and Financial Crimes Commission, the Special Control Unit against Money Laundering, the Nigerian Financial Intelligence Unit, and the Federal Inland Revenue Service. “Nothing in the Bill demonstrates that these institutions are unable to perform their statutory responsibilities or that any regulatory gap justifies creating another regulator with overlapping and potentially intrusive powers,” they said.

The groups warned that the proposed Foreign Aid Regulatory Commission would have broad powers to register organisations, compel disclosures, inspect records, audit activities, issue directives, and impose sanctions. They argued that subjecting independent media and civil society organisations to such an executive-controlled regime would place undue pressure on their independence and create conditions conducive to self-censorship. This is particularly concerning, they said, because many Nigerian media houses and investigative journalism outfits rely heavily on foreign grants to fund fact-checking, journalist safety, and media development projects.

The organisations also faulted the bill for using vague and undefined terms such as “foreign aid,” “national priorities,” and “public interest,” which they said could give authorities excessive discretion and fail the constitutional tests of legality, necessity, and proportionality. They argued that the legislation conflicts with Sections 39 and 40 of the Nigerian Constitution, which guarantee freedom of expression and association, as well as with Nigeria's obligations under the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights.

The bill, which passed its second reading in the Senate in July, has been justified by its sponsors as a necessary measure to bring transparency and coordination to Nigeria's fragmented foreign aid system. Senate President Godswill Akpabio has backed the measure, arguing that foreign funds need monitoring to prevent misuse and protect the nation's image. However, SERAP and the NGE have dismissed this reasoning, warning that the bill could further shrink an already constricted civic space ahead of the 2027 general elections.

The dispute has drawn widespread attention from civil society, with over 90 organisations previously calling on the National Assembly to drop the bill. SERAP and the NGE have made it clear that if the bill is passed into law despite their constitutional and human rights concerns, they will consider appropriate legal action in the public interest.

As Nigeria heads toward the 2027 elections, the battle over the Foreign Aid Bill has become one of the sharpest civil liberties disputes of the current National Assembly, pitting the government's push for oversight against the rights advocates' defence of democratic freedoms.

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