Two prominent Nigerian civil society groups have put the National Assembly on notice, threatening litigation if lawmakers proceed with a bill that would impose new controls on organizations receiving foreign funding. The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) argue the proposed legislation is unconstitutional and would have a chilling effect on independent media and civic participation.
In a joint letter addressed to Senate President Godswill Akpabio and Speaker Tajudeen Abbas, the groups demanded the immediate withdrawal of the Foreign Aids Bill, 2026 (SB.1034). They contend that the measure, despite being framed as a transparency tool, would create a sweeping system of government oversight over civil society, religious bodies, independent media, and private entities that receive foreign assistance.
Core Objections to the Proposed Legislation
The bill, sponsored by Senator Ibrahim Dankwambo (PDP, Gombe North), introduces mandatory registration and disclosure requirements for covered organizations. It also provides for penalties, including a minimum fine of N20 million for civil society organizations and private entities, alongside the potential suspension or revocation of operating licenses.
SERAP and NGE argue that the bill’s vague language is a fundamental flaw. They point to undefined terms such as ‘foreign aid’, ‘national priorities’, and ‘public interest’ as evidence that the legislation lacks objective legal standards. This, they argue, fails to meet constitutional and international human rights requirements of legality, necessity, and proportionality.
Concerns Over Regulatory Overreach
A central point of contention is the proposed creation of a Foreign Aid Regulatory Commission. According to the groups, this body would be empowered to register organizations, compel disclosures, inspect records, investigate activities, monitor fund usage, issue directives, and impose administrative sanctions, including suspending approvals and revoking registrations.
The organizations contend that these powers extend far beyond standard financial regulation. They argue that subjecting independent media and civil society to an additional executive-controlled regime would increase governmental leverage, pressure their independence, and foster an environment conducive to self-censorship.
They also questioned the necessity of a new regulator, noting that Nigeria already has a comprehensive framework for oversight. The letter cites the Corporate Affairs Commission, the Economic and Financial Crimes Commission, the Special Control Unit against Money Laundering (SCUML), the Nigerian Financial Intelligence Unit, and the Federal Inland Revenue Service as existing bodies responsible for corporate registration, financial reporting, taxation, and anti-corruption enforcement.
Impact on Journalism and Civic Space
The groups highlighted the potential consequences for public-interest work, noting that many organizations depend on foreign grants to support investigative journalism, fact-checking, journalist safety, and media development. They warned that the bill could have serious implications for these activities.
The warning comes at a politically sensitive time. SERAP and NGE referenced the upcoming 2027 general elections, expressing concern that the bill further threatens fundamental rights, democratic participation, and media freedom amid what they describe as an increasingly shrinking civic space.
Legal Basis for the Challenge
The organizations base their objections on specific legal provisions. They argue the bill is incompatible with sections 39 and 40 of the Nigerian Constitution (1999, as amended), which guarantee freedom of expression and freedom of association. They also contend it conflicts with the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, and Article 13 of the United Nations Declaration on Human Rights Defenders.
In their letter, SERAP and NGE called on the National Assembly to reject the bill and publicly commit to avoiding legislation that unjustifiably restricts civic space or media freedom. They stated that if the bill is passed into law despite these concerns, they will consider all appropriate legal action in the public interest to challenge it, protecting freedom of association, media freedom, and civic participation.
The groups also urged lawmakers to refocus their efforts on legislation that expands civic participation, government accountability, and media freedom, reminding them of their constitutional mandate to protect human rights and preserve democratic institutions.
Source: Per Second News