The Socio Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have threatened legal action over the proposed Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026 (SB.1034), describing it as “unnecessary, unlawful and unconstitutional” and a threat to civic space, media freedom and democratic participation.
The organisations urged the Senate President, Senator Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, to immediately reject and withdraw the Bill.
In a joint open letter dated 29 August 2026 and signed by SERAP Deputy Director, Kolawole Oluwadare, and NGE General Secretary, Onuoha Ukeh, the organisations said the Bill, if enacted, would establish an extensive framework for government control over civil society organisations, independent media, religious and humanitarian organisations and other private entities receiving foreign assistance.
The Bill, sponsored by Senator Ibrahim Dankwambo (PDP, Gombe North), proposes mandatory registration and disclosure requirements for recipients of foreign assistance. It also provides for sanctions, including a minimum fine of N20 million for civil society organisations and private entities, as well as possible suspension or revocation of operating licences.
Open Alliance Rejects Foreign Aid Bill, Warns of Threat to Nigeria’s Civic Space
Oluremi Tinubu to Wike: Posterity Will Remember You for Transforming Abuja
SERAP and NGE argued that although the Bill is presented as a measure to promote transparency, it would create an additional regulatory regime with broad powers capable of interfering with the legitimate activities and independence of civic organisations.
“The Bill is unnecessary, duplicative and would impose the additional cost of another regulator on public resources,” the organisations said.
They noted that Nigeria already has an extensive legal and institutional framework for corporate registration, financial reporting, taxation, anti money laundering and anti corruption enforcement through bodies 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.
“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.
‘Sweeping powers threaten independent organisations’
The organisations particularly criticised provisions establishing the proposed Foreign Aid Regulatory Commission (FARC), which would have powers to register organisations receiving foreign assistance, compel disclosures, inspect records, conduct investigations and audits, monitor the utilisation of funds, issue directives, suspend approvals, revoke registrations and impose administrative sanctions.
According to SERAP and NGE, these powers go beyond conventional financial regulation and could expose independent media organisations, civil society groups and other civic actors to intrusive government supervision.
“Subjecting independent media and other civil society organisations and private entities to an additional executive controlled regulatory regime would increase governmental leverage over their operations, place pressure on independence and create conditions conducive to self censorship,” they said.
They warned that the Bill’s reach could extend beyond traditional non governmental organisations to independent media organisations, labour unions, professional associations, universities, research institutes, religious and humanitarian organisations, technology hubs and other entities receiving foreign grants, donations, technical assistance or development funding.
The proposed penalties, they added, make the legislation particularly concerning.
“CSOs and private entities could face fines of at least N20 million, suspension or revocation of their operating licences, while individuals could face hefty fines and imprisonment for non compliance,” the organisations said.
Concerns over vague provisions
SERAP and NGE also challenged what they described as vague provisions in the Bill, particularly its references to “foreign aid”, “national priorities” and “public interest”.
They argued that the absence of clear definitions and objective legal standards could leave the application of the proposed law open to arbitrary or selective enforcement.
“As such, the Bill fails to satisfy the constitutional and international human rights requirements of legality, necessity and proportionality,” they said.
The organisations also raised concerns about provisions requiring recipients of foreign assistance to disclose detailed information, including sources, amounts, conditions and implementing partners, with such information to be published on a proposed National Foreign Aid Register.
Recipients would also be required to undergo annual audits and ensure that foreign funded projects align with government defined national development priorities.
Police Probe Death of Katsina Teen Allegedly Beaten by Father for Rejecting Marriage
UNIJOS Student Beaten to Death Over Alleged iPhone Theft as Police Arrest Three
SERAP and NGE argued that the combination of mandatory registration, extensive disclosure requirements, inspections, criminal sanctions, substantial fines and possible suspension or revocation of operating licences would impose a disproportionate burden on legitimate organisations.
Warning ahead of 2027 elections
The organisations further warned that the Bill could have serious implications for civic participation and media freedom as Nigeria approaches the 2027 general elections.
“As Nigeria prepares for the 2027 general elections amid an increasingly shrinking civic space, the Bill further threatens fundamental rights, democratic participation and media freedom,” they said.
They alleged that the suppression of the press in recent times has taken various forms, including unlawful detentions, disappearances, malicious prosecutions and what they described as the wrongful use of legislation and law enforcement.
The organisations also pointed to what they described as increasing use of criminal defamation and cybercrime laws against journalists and activists, strategic lawsuits against public participation, arbitrary arrests over peaceful expression and attempts to expand governmental control over civic actors.
They warned that foreign funding regulations in other jurisdictions have sometimes been used to stigmatise, intimidate and restrict independent civil society organisations and media organisations rather than simply improve financial transparency.
“Nigeria should not follow that path,” they said.
Constitutional and international obligations
SERAP and NGE argued that the Bill is incompatible with Sections 39 and 40 of the Nigerian Constitution, which guarantee freedom of expression and freedom of association.
They also said it conflicts with Nigeria’s obligations under 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 human rights standards protecting civic space, freedom of association and media freedom.
They stressed that any restriction on freedom of expression, association and media freedom must be prescribed by law, pursue a legitimate public purpose and be necessary and proportionate in a democratic society.
According to the organisations, freedom of association encompasses not only the right to establish an association but also the right of organisations to conduct their lawful activities without undue government interference.
They warned that excessive restrictions could weaken important channels for public participation, service delivery and accountability.
Threat of legal action
SERAP and NGE called on the National Assembly to withdraw and reject the Bill and publicly commit not to reintroduce legislation that unjustifiably restricts civic space, media freedom or the legitimate activities of civil society organisations and private entities.
They also urged lawmakers to prioritise legislation that strengthens transparency, accountability, media freedom and civic participation, while creating an enabling environment for independent civil society, religious, humanitarian and media organisations and private entities.
The organisations further called on the National Assembly to refrain from legislative proposals that undermine democracy, the rule of law, human rights and fundamental freedoms, particularly in the period leading to the 2027 elections.
They said the National Assembly must uphold its constitutional responsibility to protect democracy, the rule of law, human rights and fundamental freedoms and ensure that legislative power is not used to narrow legitimate democratic participation or silence critical voices.
SERAP and NGE said they would consider taking “all appropriate legal action in the public interest” if the Bill is passed despite the constitutional and human rights concerns raised.
“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 said
