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SERAP, NGE Threatens Lawsuit Over Foreign Aid Bill


The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have threatened legal action if the National Assembly passes the Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026, warning that it poses a serious threat to civic space, media freedom and democratic participation in Nigeria.


In a joint open letter dated August 29 and signed by SERAP Deputy Director Kolawole Oluwadare and NGE General Secretary Onuoha Ukeh, the organisations called on Senate President Godswill Akpabio and House of Representatives Speaker Tajudeen Abbas to immediately reject and withdraw the bill (SB.1034).


They described the proposed legislation as “unnecessary, unlawful, unconstitutional” and a danger to fundamental freedoms.


“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,” the groups stated.


The bill, sponsored by Senator Ibrahim Dankwambo (PDP, Gombe North), seeks to create a Foreign Aid Regulatory Commission with powers to register organisations receiving foreign assistance, compel disclosures, inspect records, investigate activities, monitor fund usage, issue directives, suspend approvals, revoke registrations and impose sanctions.


It includes mandatory registration and disclosure requirements, with penalties that could include a minimum fine of N20 million for civil society organisations and private entities, as well as possible suspension or revocation of operating licences. 


Individuals face heavy fines and potential imprisonment for non-compliance.SERAP and NGE argued that while the bill is presented as promoting transparency, it would go far beyond ordinary financial regulation and expose legitimate organisations to intrusive government supervision and interference.


They noted that Nigeria already has a comprehensive framework for corporate registration, financial reporting, taxation, anti-money laundering and anti-corruption enforcement through institutions such as 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 organisations also criticised the bill’s use of vague concepts such as “foreign aid,” “national priorities” and “public interest” without clear definitions or objective legal standards, saying it fails to meet constitutional and international human rights requirements of legality, necessity and proportionality.


They warned of serious consequences for independent journalism and civil society groups that rely on foreign grants for investigative reporting, fact-checking, journalist safety, media development and other public-interest work. 


Subjecting these organisations to an additional executive-controlled regulatory regime would increase government leverage, pressure their independence and encourage self-censorship, they added.


The bill could also affect religious, humanitarian and charitable organisations receiving foreign assistance.


SERAP and NGE linked their concerns to the lead-up to the 2027 general elections, arguing that the legislation would further shrink civic space and threaten fundamental rights, democratic participation and media freedom at a critical time.


They said the bill is incompatible with Sections 39 and 40 of the 1999 Constitution (as amended), which guarantee freedom of expression and freedom of association, as well as 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 standards.


The groups urged the National Assembly to withdraw and reject the bill, publicly commit not to reintroduce similar restrictive legislation, and instead prioritise laws that strengthen transparency, accountability, media freedom and civic participation while upholding constitutional responsibilities to protect democracy, the rule of law and human rights.


“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 warned. 

  

 



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