SERAP, Editors Threaten Court Action Over Foreign Aid Bill

The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have threatened legal action to stop the proposed Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026, describing it as an unlawful attempt to restrict civic space, media freedom and democratic participation.

The organisations urged Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas to immediately reject and withdraw the bill, which is sponsored by Senator Ibrahim Dankwambo (PDP, Gombe North).

In a joint open letter dated August 29, 2026, and signed by SERAP Deputy Director Kolawole Oluwadare and NGE General Secretary Onuoha Ukeh, the organisations argued that the proposed legislation would give the government extensive powers over civil society organisations, independent media, religious and humanitarian organisations and private entities receiving foreign assistance.

They said the bill, while presented as a measure to promote transparency, would establish the proposed Foreign Aid Regulatory Commission (FARC) with powers to register affected organisations, compel disclosures, inspect records, investigate activities, monitor foreign assistance, issue directives and impose sanctions.

Under the proposed legislation, organisations and private entities receiving foreign assistance would also be required to disclose information about their funding sources, amounts, conditions and implementing partners, with the details entered into a public National Foreign Aid Register.

SERAP and NGE said the proposed framework was unnecessary because Nigeria already had institutions responsible for corporate registration, financial reporting, taxation, anti-money laundering and anti-corruption enforcement, including the Corporate Affairs Commission, Economic and Financial Crimes Commission, Special Control Unit Against Money Laundering, Nigerian Financial Intelligence Unit and Federal Inland Revenue Service.

They argued that the bill failed to demonstrate any regulatory gap that would justify establishing another regulator with overlapping powers.

The organisations also raised concerns over what they described as vague provisions in the bill, particularly references to “foreign aid”, “national priorities” and “public interest”, arguing that the terms were not sufficiently defined or subject to objective legal standards.

According to them, the proposed regulations could expose independent media organisations, civil society groups, labour unions, professional associations, universities, research institutes, religious organisations, technology hubs and other legitimate entities to intrusive government supervision.

They further warned that the proposed sanctions, including a minimum fine of N20m for civil society organisations and private entities, as well as possible suspension or revocation of operating licences, could create a chilling effect on organisations receiving foreign grants and donations.

SERAP and NGE said this was particularly concerning for independent journalism, as many media and civil society organisations rely on foreign grants to fund investigative journalism, fact-checking, journalist safety, media development and other public-interest activities.

They argued that subjecting such organisations to an additional executive-controlled regulatory regime could increase government leverage over their operations, undermine their independence and encourage self-censorship.

The organisations also contended that the bill was inconsistent with Sections 39 and 40 of the Nigerian Constitution, which guarantee freedom of expression and association.

They said it was also incompatible with Nigeria’s obligations under the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights and other international standards protecting civic space, freedom of association and media freedom.

SERAP and NGE warned that the potential impact of the legislation could be particularly serious ahead of the 2027 general elections, amid what they described as an increasingly shrinking civic space.

They alleged that the suppression of the press in Nigeria had taken various forms, including unlawful detention, disappearances, malicious prosecutions and the misuse of legislation and law enforcement.

The organisations urged the National Assembly to reject the bill and refrain from introducing legislation that could undermine democracy, human rights, the rule of law and fundamental freedoms.

They also called for legislation that would instead strengthen transparency, accountability, media freedom, civic participation and an enabling environment for civil society, private, religious, humanitarian and media organisations.

SERAP and NGE said that if the bill was passed into law despite the constitutional and human rights concerns raised, they would consider taking “all appropriate legal action” in the public interest to challenge it and protect freedom of association, media freedom and civic participation.