SERAP Lawsuit: INEC Political Donation Limits Disclosure Sought

• SERAP has filed a lawsuit against INEC at the Federal High Court in Abuja, demanding disclosure of political contribution limits for the 2027 general elections.
• The suit seeks to compel INEC to reveal specific donation limits under Section 91 of the Electoral Act 2026, how they are communicated, and enforcement procedures.
• SERAP also demands that INEC disclose political parties' financial statements, audit reports, and details of enforcement actions for finance violations from 2023-2025.
• The organization argues that greater transparency in political financing is crucial for a level playing field in the 2027 elections and informed citizen choices.
• The lawsuit highlights INEC's constitutional duty to examine party finances, investigate, and report to the National Assembly, not just receive statements.

A successful outcome could compel INEC to disclose specific political contribution limits and enforcement mechanisms, leading to increased transparency and stricter compliance requirements for all stakeholders involved in the 2027 general elections' financing.

The Socio-Economic Rights and Accountability Project (SERAP) has initiated legal action against the Independent National Electoral Commission (INEC), challenging its alleged failure to disclose crucial information regarding political contributions ahead of the 2027 general elections. The lawsuit, filed last week at the Federal High Court in Abuja and assigned case number FHC/ABJ/CS/2114/2026, seeks a court order compelling INEC to reveal whether it has established limits on political donations as mandated by Section 91 of the Electoral Act 2026.

SERAP's demands extend beyond mere confirmation of limits. The organization, through a statement issued on Sunday by its Deputy Director, Kolawole Oluwadare, is also pressing the court to compel INEC to disclose the specific contribution limits, if any, that have been prescribed. Furthermore, SERAP seeks details on the methods used to publish and communicate these limits to political parties, candidates, donors, and the general public. The suit also requests information on the systems and procedures INEC has implemented to monitor, investigate, and enforce compliance with both political contribution and campaign expenditure limits.

In addition to the core issue of political donation limits, the SERAP lawsuit against INEC also targets broader financial transparency. The legal team representing SERAP – Oluwakemi Agunbiade, Kehinde Oyewumi, Andrew Nwankwo, and Valentina Adegoke – is asking the court to compel INEC to disclose the latest financial statements, audited accounts, sources of funds, assets, liabilities, and election expenditure returns for political parties covering the period 2023–2025. This includes demands for INEC's examination and audit reports under Sections 225 and 226 of the Constitution, reports submitted to the National Assembly, and specifics on enforcement actions taken against political finance violations, as well as monitoring arrangements for the 2027 elections.

The foundation of SERAP's legal challenge rests on specific provisions within Nigeria's electoral and constitutional frameworks. Section 91(1) of the Electoral Act 2026 explicitly grants INEC the authority to impose limitations on the amount of money or other assets an individual can contribute to a political party or candidate. This section further empowers the commission to demand information regarding the amount donated and the source of such funds.

Beyond the Electoral Act, SERAP highlights INEC's constitutional responsibilities under the 1999 Nigerian Constitution (as amended). The organization argues that INEC's role is not merely to receive financial statements from political parties but to actively examine their finances, conduct necessary investigations, and subsequently report its findings to the National Assembly. SERAP contends that publishing these reports is essential for Nigerians to ascertain whether these significant constitutional and statutory duties have been effectively discharged by the commission.

This SERAP lawsuit against INEC over political donation limits carries significant implications for the integrity and fairness of Nigeria's electoral process, particularly as the 2027 general elections approach. SERAP asserts that enhanced transparency in political party financing is indispensable for ensuring a level playing field among contestants and enabling citizens to make free and informed political choices. Without easily accessible limits or a publicly known mechanism for monitoring compliance, voters, journalists, and civil society organizations are severely hampered in their ability to scrutinize political financing effectively.

Lawyers advising political parties, candidates, or corporate donors in Nigeria should closely monitor the outcome of this SERAP lawsuit against INEC. A successful outcome could compel INEC to disclose specific political contribution limits and enforcement mechanisms, leading to increased transparency and stricter compliance requirements for all stakeholders involved in the 2027 general elections' financing. The reliefs sought by SERAP are designed to empower citizens with the necessary information to scrutinize political financing thoroughly before the upcoming elections, fostering greater accountability and trust in the democratic process.

Lawyers advising political parties, candidates, or corporate donors in Nigeria should closely monitor the outcome of this SERAP lawsuit against INEC. A successful outcome could compel INEC to disclose specific political contribution limits and enforcement mechanisms, leading to increased transparency and stricter compliance requirements for all stakeholders involved in the 2027 general elections' financing.

Source: Original reporting via Punch Newspaper