SERAP Takes INEC to Court Over Political Donation Rules

The Socio-Economic Rights and Accountability Project (SERAP) has sued the Independent National Electoral Commission (INEC). They claim that INEC has not shared the limits on political donations as required by section 91 of the Electoral Act 2026. SERAP wants to know if INEC has set these limits, why they haven’t been made public, and why political parties, candidates, and donors have not been informed.

This lawsuit comes after INEC reportedly did not disclose if it has set limits on political contributions. These limits are important for transparency and fairness in elections. Not knowing the rules around political donations leaves many Nigerians confused about the law.

In the lawsuit, numbered FHC/ABJ/CS/2114/2026, filed last week at the Federal High Court in Abuja, SERAP is asking for a court order. They want the court to compel INEC to quickly share whether it has set limits on political donations, what those limits are, and how they have shared this information with political parties, candidates, donors, and the public.

SERAP also wants the court to order INEC to reveal how it monitors, investigates, and enforces compliance with the limits on political contributions and campaign spending. This is especially important as the 2027 general elections approach.

SERAP argues that having transparency in political financing is key to making sure the 2027 elections are fair. They believe it allows citizens to make informed political choices.

They continue by saying that INEC’s job is not just to receive financial reports from political parties. The Nigerian Constitution of 1999, as amended, requires INEC to look into political party finances, carry out necessary investigations, and report back to the National Assembly.

According to SERAP, sharing these reports would let Nigerians know if INEC is doing its job effectively.

The lawsuit includes comments from SERAP’s lawyers: Oluwakemi Agunbiade, Kehinde Oyewumi, Andrew Nwankwo, and Valentina Adegoke. They stated, “Voters, journalists, and civil-society organisations cannot effectively scrutinise political financing if the applicable limits are not easily accessible or if there is no publicly known mechanism for monitoring compliance.”

They added, “The increasing monetisation of Nigeria’s elections, alongside the potential misuse of state institutions, poses serious threats to democratic integrity and electoral competition.”

SERAP insists that INEC should be forced to publish the limits on political contributions stated in section 91 of the Electoral Act 2026. They also want INEC to share the latest financial statements of political parties, their audited accounts, sources of funds, assets, liabilities, and election spending records for 2023 to 2025.

Additionally, SERAP wants INEC to share its examination and audit reports under sections 225 and 226. They also want details of any enforcement actions taken for violations of political financing rules.

The court should also make INEC disclose how it will monitor political financing for the 2027 elections. This includes which parties submitted reports after 2023, when they submitted them, and what actions were taken against parties that did not meet reporting requirements.

The requests made by SERAP would help Nigerians spot excessive or hidden political financing before it affects elections. They argue that proper political finance regulation is vital for democracy, equal political participation, freedom of expression, and ensuring that citizens can take part in public affairs.

Nigeria has a long-standing issue with political parties not disclosing campaign contributions. This problem has been labelled as systemic, and lack of clear penalties has made it hard for INEC to enforce compliance.

Nigeria has faced serious issues in regulating political finance. These include worries about high campaign spending, unclear sources of political funding, weak reporting, and poor enforcement of spending rules.

Past reviews of Nigeria’s elections have shown big gaps between the laws and how they are actually applied. There are concerns that spending limits can be easily avoided and that political party spending is not properly monitored or reported. Violations are rarely identified or punished.

These issues are even more pressing with the amount of money spent on campaigns and changes in spending rules under Nigeria’s evolving electoral framework.

It is still not clear if INEC has set and clearly published the contribution limits. Nigerians want to know if political parties and candidates will be held accountable for contributions and spending that go beyond the limits or are hidden.

Transparency in political party finances is crucial. Political parties are key in allowing citizens to use their rights to participate in public matters and to join political groups.

Citizens cannot effectively exercise their political rights if undisclosed or excessive funds are allowed to influence the political scene.

Political parties and candidates are already gathering resources, asking for donations, planning political events, buying media ads, and spending money on campaigns.

INEC should state how it plans to monitor political financing during the campaign period. This includes spending and contributions in cash or kind, social-media ads, and other campaign costs.

The law on limiting political contributions and election spending is meant to stop excessive financial influence during elections, not just to track spending after they happen.

Section 91(1) of the Electoral Act, 2026 says, “The Commission shall have power to place limitation on the amount of money or other assets which an individual can contribute to a political party or candidate and to demand such information on the amount donated and source of the funds.”

Section 91(2) states that there will be penalties if someone goes over the limits set by INEC. This power given to INEC is an important way to protect against too much financial influence over political parties and candidates.

If INEC has used its power under section 91, Nigerians deserve to know the contribution limits and how INEC plans to make sure everyone follows them.

INEC should clarify if it has set contribution limits and, if yes, publish them in a visible and easy-to-find place, like its website.

INEC should also explain how it decides on these limits and if it has thought about stopping excessive financial influence, ensuring fair elections, tackling corruption, and keeping the electoral process honest.