The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have threatened to take legal action if the National Assembly passes the Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026. They see this proposed law as a danger to civil space, media freedom and democratic participation.
They called on Senate President Godswill Akpabio and House Speaker Tajudeen Abbas to "immediately reject and withdraw the Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026 (SB.1034). This Bill is unnecessary, unlawful, unconstitutional and threatens civic space, media freedom and democratic participation in Nigeria."
Their concerns were shared in an open letter dated August 29. The letter was signed by SERAP Deputy Director Kolawole Oluwadare and NGE General Secretary Mr Onuoha Ukeh. Oluwadare released a statement on Sunday about their position.
SERAP and NGE stated, "If passed, the Bill would create a wide framework for government control over civil society groups, independent media, religious groups and other entities receiving foreign support."
The bill, introduced by Senator Ibrahim Dankwambo (PDP, Gombe North), requires registration and disclosure. It includes penalties like a minimum fine of N20 million for civil society organizations and private entities, plus possible suspension or revocation of their operating licenses.
In their letter, the groups noted, "Though the Bill claims to promote transparency, it would set up a large framework for government control over civil society organizations and private entities that get foreign assistance."
They urged the National Assembly to withdraw the Bill and commit to not introducing any legislation that unjustly limits civic space, media freedom or the activities of civil society groups and private entities.
"If the Bill becomes law despite serious constitutional and human rights issues raised, SERAP and NGE will consider all legal actions to challenge it and protect freedom of association, media freedom and civic involvement," they warned.
The groups believe this proposed legislation could hurt independent journalism and civil society organizations that depend on foreign grants.
"The Bill could have serious effects on independent journalism and civil society organizations, as many rely on foreign grants for investigative journalism, fact-checking, journalist safety, media development and other public-interest work," the letter said.
They pointed out that Nigeria already has systems in place to regulate organizations and financial activities. They stated, "Nigeria has a legal and institutional framework for corporate registration, financial reporting, taxation, anti-money laundering and anti-corruption enforcement through the Corporate Affairs Commission, the Economic and Financial Crimes Commission, the Special Control Unit against Money Laundering (SCUML), the Nigerian Financial Intelligence Unit, the Federal Inland Revenue Service and other authorities."
They added, "Nothing in the Bill shows these institutions cannot perform their duties or that a new regulator with overlapping powers is necessary."
SERAP and NGE criticized vague terms in the proposed legislation.
"The Bill uses unclear terms like 'foreign aid', 'national priorities' and 'public interest' without clear definitions or legal standards. Therefore, the Bill does not meet the constitutional and international human rights standards of legality, necessity and proportionality," they said.
According to the organizations, the Bill would create the Foreign Aid Regulatory Commission. This body would register organizations getting foreign help, require disclosures, inspect records, investigate activities, monitor foreign assistance, issue directives, suspend approvals, revoke registrations and impose penalties.
"These broad powers go beyond regular financial regulation and would expose legitimate organizations, including independent media, civil society groups and other civic actors, to intrusive government oversight and interference," they said.
They also argued that putting independent media and civil society organizations under another regulatory body could harm their independence.
"Putting independent media and civil society organizations under an extra executive-controlled regulatory system would increase government control over their work, pressure their independence and create conditions for self-censorship," they stated.
The groups expressed concern that the proposed legislation could also impact religious, humanitarian and charitable organizations that receive foreign aid.
"The proposed penalties make the Bill even more dangerous. CSOs and private entities could face fines of at least N20 million, suspension or losing their operating licenses, while individuals could face large fines and jail time for not complying," they said.
They linked their concerns to the upcoming 2027 general elections, saying, "As Nigeria gears up for the 2027 elections with a shrinking civic space, the Bill threatens fundamental rights, democratic participation and media freedom."
On the legal grounds for their opposition, SERAP and NGE said, "The Bill conflicts with sections 39 and 40 of the Nigerian Constitution 1999 (as amended) which guarantee the rights to freedom of expression and freedom of association."
They added that the Bill also goes against the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, Article 13 of the United Nations Declaration on Human Rights Defenders and other international human rights standards.
They urged the National Assembly to withdraw the Bill, focus on legislation that promotes transparency, accountability, media freedom and civic participation, and fulfill its constitutional duty to protect democracy, the rule of law, human rights and fundamental freedoms.
Drop your comment
No comments yet — be the first to drop the gist 👇