SERAP Sues INEC Over Alleged Diversion of ₦55.9bn Election

The Socio-Economic Rights and Accountability Project (SERAP) has instituted a lawsuit against the Independent National Electoral Commission (INEC) over the alleged failure to properly account for ₦55.9 billion earmarked for the procurement of election materials for Nigeria’s 2019 general elections.

 

The legal action follows allegations contained in the annual report of the Auditor-General of the Federation, published in September 2025, which raised multiple queries over INEC’s expenditure during the election period.

 

Ejes Gist News reports that the suit was filed last week at the Federal High Court in Abuja.

Details of the Lawsuit

The suit, marked FHC/ABJ/CS/38/2026, seeks judicial intervention compelling INEC to provide a full account of the funds allegedly missing or diverted.

Specifically, SERAP is asking the court to issue an order of mandamus directing the electoral commission to explain the whereabouts of the ₦55.9 billion reportedly allocated for the purchase of smart card readers, ballot papers, result sheets, and other election-related materials used during the 2019 polls.

In addition, the organisation is requesting an order compelling INEC to publicly disclose the identities of all contractors allegedly paid from the funds.

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According to SERAP, this disclosure should include “the names of all contractors paid the ₦55.9bn for the procurement of smart card readers, ballot papers, result sheets, and other election materials for the 2019 general elections, as well as the names of their directors and shareholders.”

Transparency and Electoral Credibility

SERAP argued that transparency and accountability are indispensable to INEC’s constitutional responsibility to conduct credible elections.

The organisation maintained that INEC must operate free from corruption to safeguard Nigerians’ right to political participation and ensure public confidence in the electoral process.

“INEC cannot ensure impartial administration of future elections if these allegations are not satisfactorily addressed, perpetrators are not prosecuted, and the proceeds of corruption are fully recovered,” SERAP stated.

It further warned that failure to resolve the issues raised by the Auditor-General could undermine the credibility of future elections and weaken trust in democratic institutions.

Allegations in Auditor-General’s Report

In court filings prepared by SERAP’s legal team—Kolawole Oluwadare, Kehinde Oyewumi, and Andrew Nwankwo—the organisation cited several specific findings from the Auditor-General’s report.

According to the filing, the Auditor-General’s 2022 audited report alleged that INEC “irregularly paid” over ₦5.3 billion to a contractor for the supply of smart card readers for the 2019 general elections.

The report stated that the contract was awarded without prior approval from the Bureau of Public Procurement (BPP) or the Federal Executive Council (FEC), and that the payment was made without documentary evidence of supply.

INEC reportedly claimed that approval was unnecessary because the procurement fell under national security exemptions. However, the Auditor-General rejected the justification, describing it as inconsistent with the Procurement Act and insisting that a Certificate of No Objection from the BPP was required.

Payments Without Evidence of Supply

The Auditor-General’s report further alleged that INEC paid more than ₦4.5 billion to six contractors for the supply of ballot papers and result sheets without documentary evidence of delivery.

According to the report, there was no proof of advertisement, bid submission, bid evaluation, approvals, or BPP certification. The contractors’ eligibility was also questioned, as INEC reportedly failed to provide tax clearance certificates, pension compliance documents, or evidence of registration with relevant regulatory agencies.

The Auditor-General expressed concern that the funds “may have been diverted” and recommended their recovery and remittance to the treasury.

Additional Financial Irregularities

The report also cited several other financial irregularities, including:

• Payments of over ₦331 million to contractors under what were described as “doubtful circumstances,” with contradictory supporting documents.
• A contract for the supply of 25 generating sets in which payment receipts predated the contract award by 12 months.
• Failure to deduct and remit over ₦2.1 billion in stamp duties from contractor payments between 2018 and 2019.
• Failure to retire over ₦630 million in cash advances granted to INEC officials, with some officers receiving multiple advances without retiring previous ones.

In each case, the Auditor-General noted that INEC’s explanations were unsatisfactory and raised concerns that the funds may have been diverted.

Ballot Printing and Vehicle Procurement

The Auditor-General also queried contracts worth over ₦41 billion awarded for the printing of ballot papers and result sheets without due process. The report noted that there was no evidence the contractors were qualified, adding that some firms listed were involved in unrelated businesses such as civil engineering, oil and gas, and building material importation.

Additionally, the report cited the irregular award of a contract valued at over ₦297 million for the supply of four Toyota Land Cruiser vehicles without FEC approval. It noted that market surveys indicated the vehicles did not exceed ₦50 million each at the time, while INEC reportedly paid ₦74 million per unit.

In all instances, the Auditor-General recommended recovery of the funds and their remittance to the federal treasury.

Court Proceedings

No date has been fixed for the hearing of the suit.