SERAP to INEC: Probe alleged N800b FAAC diversion to fund campaign

by · The Eagle Online

The Socio-Economic Rights and Accountability Project (SERAP) has urged Professor Joash Amupitan, the Chairman of the Independent National Electoral Commission (INEC), “to promptly, thoroughly, impartially, independently, transparently and effectively investigate the allegations that governors of the All Progressives Congress (APC) diverted N800 billion for political and campaign purposes.”

SERAP made the demand of Prof. Amupitan in a letter dated May 16, 2026 signed by its Deputy Director, Kolawole Oluwadare

The letter reads in part: “The allegations of diversion or opaque use of public funds pose a grave risk to the integrity of the 2027 general elections. Large-scale public fiscal flows combined with weak transparency mechanisms create a reasonable basis for INEC to activate its constitutional and statutory mandates.

“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel you and INEC to comply with our request in the public interest.

“SERAP is concerned about the low levels of transparency in political finance in Nigeria, and the lack of guidelines and effective enforcement. 

“Section 91 of the Electoral Act empowers INEC to set limits on political donations, demand disclosure of contributions and sources of funds, and enforce sanctions against violations.

“Exceeding donation limits attracts sanctions including fines, forfeiture of excess funds, and penalties of up to five times the amount contributed in excess for individuals.

“According to reports, governors of the All Progressives Congress (APC) are allegedly making monthly contributions from their Federation Account Allocation Committee, (FAAC) allocations to a dedicated campaign fund to fund President Bola Tinubu’s re-election campaign.

“These allegations raise serious concerns regarding political and campaign finance transparency, democratic governance, electoral integrity, and the fundamental right of Nigerians to political participation. The right to political participation requires that citizens have a real opportunity to exercise their political rights.

“The right to free, fair and transparent elections is a fundamental human right. This imposes a duty on state institutions to ensure that elections are credible, transparent, and inclusive.

“The allegations of diversion or opaque use of public funds—particularly on the scale reported—pose a grave threat to the integrity of the 2027 general elections.

“The combination of large-scale public fiscal flows, opaque deduction structures, and allegations of misuse public funds for political and campaign purposes creates a reasonable basis for INEC to exercise its investigative and monitoring mandates under the Nigerian Constitution 1999 [as amended] and the Electoral Act.

“Section 91 of the Electoral Act 2022 empowers the Commission to: set legal limits on donations that individuals or entities can make to political parties or candidates and requires disclosure of the amount donated and the source of such funds.

“Section 91 establishes that any political party that exceeds the prescribed donation limit is liable to a fine of up to ₦10,000,000, plus forfeiture of the excess amount. It provides that any individual who exceeds the donation limit commits an offence and is liable to a fine equal to five times the amount donated in excess of the legal limit.

“Section 91(2) of the Electoral Act provides that any individual, candidate, or political party that exceeds the donation limits set by INEC commits an offence and is liable upon conviction to sanctions.

“For political parties, this includes a fine of up to ₦10,000,000 and forfeiture of any amount received above the prescribed limit, while individuals are liable to a penalty of five times the amount contributed in excess of the allowable limit.

“Section 14(2)(c) of the Nigerian Constitution guarantees that: ‘the participation by the people in their government shall be ensured.’ This provision imposes a positive constitutional obligation to maintain electoral conditions that are free, fair, and not distorted by undue influence.

“The provision also imposes a binding obligation on all institutions, including INEC, to safeguard the integrity of the democratic process. 

“Section 15(5) of the Nigerian Constitution requires public institutions to abolish all corrupt practices and abuse of power. Section 13 imposes clear responsibility on INEC to conform to, observe and apply the provisions of Chapter 2 of the constitution.

“Article 13 of the African Charter on Human and Peoples’ Rights guarantees every citizen the right to participate freely in government. Similarly, Article 25 of the International Covenant on Civil and Political Rights, requires that elections reflect the free expression of the will of the electorate. Nigeria has ratified both treaties.

“Nigeria has made legally binding commitments under the UN Convention against Corruption to ensure accountability in the management of public resources. Articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on the Commission to ensure proper management of public affairs and public funds.

“These commitments ought to be fully upheld and respected. Article 7(3) of the Convention requires institutions including INEC to ensure political finance transparency. The provisions aims to prevent corruption in and through elections.

“Where public resources are allegedly diverted or deployed for political and campaign purposes, the result is not merely financial impropriety—it is a direct distortion of electoral competition. Such actions undermine the principle of a level playing field and erode the ability of citizens to freely choose their representatives.

“The Nigerian Constitution, the Electoral Act and anticorruption and human rights standards prohibit the misuse of state resources and imposes clear obligations regarding campaign finance transparency and fairness.

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“Any use of public funds for political advantage would constitute a grave violation of these national and international standards and a threat to electoral credibility.

“The Commission has constitutional and statutory obligations to ensure that no individual or political party exceeds legally prescribed contribution limits, whether directly or indirectly, and to ensure full transparency regarding the origin and quantum of political funding.

“Where allegations exist that large-scale financial resources—including potentially state-derived or publicly controlled funds—may be influencing political activity outside lawful channels, such circumstances fall squarely within the preventive and investigative mandate of the Commission, as provided for by the Electoral Act.

“Any failure to proactively enforce the provisions of the Nigerian Constitution and the Electoral Act regarding the allegations of political finance distortion would further undermine public trust in electoral institutions and potentially compromise the right of Nigerians to participate in their own government.”

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