SERAP, NGE threaten lawsuit over foreign aid bill

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The Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors have threatened legal action if the National Assembly passes the Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026, describing the proposed legislation as a threat to civic space, media freedom and democratic participation.

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The organisations urged the Senate President, Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, to “immediately reject and withdraw the Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026 (SB.1034), as the Bill is unnecessary, unlawful, unconstitutional and threatens civic space, media freedom and democratic participation in Nigeria.”

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Their position was made known in a joint open letter dated August 29, signed by SERAP Deputy Director, Kolawole Oluwadare, and NGE General Secretary, Mr Onuoha Ukeh, according to a statement by Oluwadare on Sunday.

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SERAP and NGE said, “if enacted, the Bill would establish an extensive framework for governmental control over civil society organisations, independent media, religious organisations and other organisations and private entities receiving foreign assistance.”

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The bill, sponsored by Senator Ibrahim Dankwambo (PDP, Gombe North), proposes mandatory registration and disclosure requirements and provides for sanctions, including a minimum fine of N20m for civil society organisations and private entities, as well as possible suspension or revocation of operating licences.

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In the letter, the organisations said, “Although the Bill is presented in the guise of promoting transparency, it would establish an extensive framework for governmental control over civil society organisations and private entities receiving foreign assistance.”

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They urged “the National Assembly to immediately withdraw and reject the Bill and publicly commit not to reintroduce any legislation that unjustifiably restricts civic space, media freedom or the legitimate activities of civil society organisations and private entities.”

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“Should the Bill be passed into law despite the serious constitutional and human rights concerns raised, SERAP and NGE will consider taking all appropriate legal action in the public interest to challenge it and protect freedom of association, media freedom and civic participation,” they added.

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The organisations said the proposed legislation could have implications for independent journalism and civil society organisations that rely on foreign grants.

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“The Bill could have serious consequences for independent journalism and civil society organizations, given the reliance of many organisations on foreign grants to support investigative journalism, fact-checking, journalist safety, media development and other public-interest activities,” the letter read.

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They argued that existing institutions already provide regulatory oversight of organisations and financial activities, stating, “Nigeria already has a comprehensive 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 competent authorities.”

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They added, “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.”

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SERAP and NGE also criticised what they described as vague provisions in the proposed legislation.

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“The Bill also employs vague concepts such as ‘foreign aid’, ‘national priorities’ and ‘public interest’ without defining them or establishing objective legal standards to govern their application. As such, the Bill fails to satisfy the constitutional and international human rights requirements of legality, necessity and proportionality,” they said.

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According to the organisations, the bill would establish the proposed Foreign Aid Regulatory Commission and give it powers to register organisations receiving foreign assistance, compel disclosures, inspect records, investigate activities, monitor the use of foreign assistance, issue directives, suspend approvals, revoke registrations and impose administrative sanctions.

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“These sweeping powers go far beyond ordinary financial regulation and would expose legitimate organisations, including independent media organisations, civil society groups and other civic actors and private entities, to intrusive governmental supervision and interference,” they said.

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They further argued that subjecting independent media and civil society organisations to an additional regulatory regime could affect their independence.

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“Subjecting independent media and other civil society organisations and private entities to an additional executive-controlled regulatory regime would increase governmental leverage over their operations, place pressure on independence and create conditions conducive to self-censorship,” they said.

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The organisations also said the proposed legislation could affect religious, humanitarian and charitable organisations receiving foreign assistance.

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“The proposed penalties make the Bill even more dangerous. CSOs and private entities could face fines of at least N20 million, suspension or revocation of their operating licences, while individuals could face hefty fines and imprisonment for non-compliance,” they said.

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They also linked their concerns to the 2027 general elections, saying, “As Nigeria prepares for the 2027 general elections amid an increasingly shrinking civic space, the Bill further threatens fundamental rights, democratic participation and media freedom.”

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On the legal basis for their objection, SERAP and NGE said, “The Bill is incompatible with sections 39 and 40 of the Nigerian Constitution 1999 (as amended) which guarantee the rights to freedom of expression and freedom of association.”

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They added that the bill was also inconsistent with 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.

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They urged the National Assembly to withdraw and reject the bill, prioritise legislation that strengthens transparency, accountability, media freedom and civic participation, and uphold its constitutional responsibility to protect democracy, the rule of law, human rights and fundamental freedoms.

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