Socio-Economic Rights and Accountability Project (SERAP)

The Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors have urged Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to immediately withdraw and reject the proposed Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026, warning that they may institute legal action if the controversial legislation is eventually enacted.

SERAP and NGE described the proposed legislation, identified as SB.1034, as “unnecessary, unlawful, unconstitutional” and a threat to civic space, media freedom and democratic participation in Nigeria.

The Bill, sponsored by Senator Ibrahim Dankwambo of the Peoples Democratic Party, Gombe North, proposes mandatory registration and disclosure requirements for organisations and private entities receiving foreign assistance.

It also provides sanctions including a minimum fine of ₦20 million for civil society organisations and private entities, as well as possible suspension or revocation of operating licences. Individuals could also face substantial fines and imprisonment for non-compliance.

In a joint open letter dated August 29, 2026 and signed by Kolawole Oluwadare, Deputy Director of SERAP, and Onuoha Ukeh, General Secretary of the NGE, the organisations argued that although the Bill is presented as a transparency measure, its effect would be to create an extensive framework for government control over independent media, civil society organisations, religious bodies and other entities receiving foreign assistance.

“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,” they said.

SERAP and NGE consequently called on the National Assembly to withdraw the legislation and publicly commit not to reintroduce measures capable of unjustifiably restricting civic space, media freedom and the legitimate activities of civil society and private organisations.

They warned that if the Bill becomes law despite their constitutional and human rights objections, they would consider taking appropriate legal action in the public interest.

“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,” the organisations stated.

They expressed particular concern about the potential consequences for investigative journalism and public-interest media organisations, noting that many rely on international grants to support investigative reporting, fact-checking, journalists’ safety, media development and related activities.

According to the organisations, creating another regulator would also duplicate functions already being performed by existing government institutions and impose additional costs on public resources.

They pointed to the Corporate Affairs Commission, Economic and Financial Crimes Commission, Special Control Unit against Money Laundering, Nigerian Financial Intelligence Unit, Federal Inland Revenue Service and other agencies already responsible for corporate registration, financial reporting, taxation, anti-money laundering and anti-corruption enforcement.

SERAP and NGE argued that nothing in the proposed legislation demonstrated that the existing institutions were unable to discharge their statutory responsibilities or that there was a regulatory gap substantial enough to justify the creation of another agency with overlapping powers.

They also faulted what they described as vague terminology in the Bill, including references to “foreign aid”, “national priorities” and “public interest”, arguing that the terms were not sufficiently defined and lacked objective legal standards governing their application.

Under the proposed legislation, a Foreign Aid Regulatory Commission, FARC, would be established and empowered to register NGOs, civil society organisations and private entities receiving foreign assistance.

The proposed Commission would also be authorised to compel disclosures, inspect records, investigate activities, monitor how foreign assistance is utilised, issue directives, suspend approvals, revoke registrations and impose administrative sanctions.

SERAP and NGE described those powers as going far beyond ordinary financial regulation and warned that they could expose independent media organisations, civil society groups and other legitimate entities to intrusive governmental supervision and interference.

They argued that placing independent media and civil society organisations under an additional executive-controlled regulatory system could increase government leverage over their operations, undermine independence and encourage self-censorship.

The organisations stressed that the proposed law would not affect NGOs alone.

Its provisions could extend to religious and humanitarian organisations, charities, labour unions, professional associations, universities, research institutes, independent media organisations, technology hubs and other entities receiving foreign grants, donations, technical assistance or development funding.

They further warned that the Bill was particularly troubling as Nigeria prepares for the 2027 general elections, arguing that the country was already experiencing pressure on civic space and media freedom.

According to them, restrictions on the press have increasingly taken forms including unlawful detention, disappearance, malicious prosecution and the alleged misuse of legislation and law enforcement mechanisms.

SERAP and NGE said the proposed FARC would be able to maintain databases of foreign aid recipients, compel information, conduct audits and inspections, monitor utilisation of foreign assistance and issue regulations and administrative sanctions.

They argued that such extensive powers could create opportunities for arbitrary or selective enforcement and threaten the operational independence of organisations legally carrying out public-interest activities.

The Bill would further require recipients to disclose details about foreign assistance, including the sources, amounts, conditions and implementing partners, with the information to be placed on a public National Foreign Aid Register.

Foreign-funded projects would also be expected to align with government-defined national development priorities and would be subject to annual audits.

SERAP and NGE argued that combining those requirements with criminal sanctions, substantial fines and possible revocation of operating licences would impose a disproportionate regulatory burden on legitimate organisations.

The groups contended that the proposed legislation was incompatible with sections 39 and 40 of the Nigerian Constitution, which guarantee freedom of expression and freedom of association.

They also cited Nigeria’s obligations under the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, the United Nations Declaration on Human Rights Defenders and other international standards protecting civic space, media freedom and freedom of association.

According to SERAP and NGE, restrictions on freedom of expression, association and media freedom must not only be prescribed by law but must pursue a legitimate public purpose and satisfy the requirements of necessity and proportionality in a democratic society.

They maintained that freedom of association protects not merely the right to establish an organisation but also its right to carry out lawful activities without undue governmental interference.

The organisations said associations play an important role in enabling citizens and communities to organise, express concerns, defend their rights and participate in public affairs, warning that excessive restrictions could directly harm the communities such organisations serve.

They also cited warnings by United Nations human rights experts that special regulatory regimes targeting foreign-funded organisations could discriminate against legitimate civil society organisations, create a chilling effect on expression and association and facilitate arbitrary government interference.

SERAP and NGE argued that experience in other jurisdictions had demonstrated how foreign funding laws could be deployed not merely to promote transparency but to stigmatise, intimidate and restrict civil society organisations and independent media.

They therefore asked the National Assembly to immediately withdraw and reject the Foreign Aids (Regulation, Transparency and Disclosure) Bill, prioritise legislation strengthening transparency, accountability, media freedom and civic participation, and refrain from introducing proposals that undermine democracy, human rights and fundamental freedoms ahead of the 2027 elections.

They further urged the legislature to uphold its constitutional responsibility to protect democracy, the rule of law and fundamental rights, warning against using legislative powers to narrow legitimate democratic participation or silence critical voices.

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