SERAP Drags INEC to Court Over Alleged N55.9bn Missing Election Funds

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Independent National Electoral Commission (INEC) over its alleged failure to properly account for N55.9 billion earmarked for election materials during the 2019 general elections.

The suit, filed last Friday at the Federal High Court in Abuja under number FHC/ABJ/CS/38/2026, is based on allegations contained in the Auditor-General of the Federation’s annual report published on September 9, 2025. The report raised concerns over missing or diverted funds meant for the procurement of smart card readers, ballot papers, result sheets and other electoral materials.

SERAP is asking the court to issue an order of mandamus compelling INEC to account for the N55.9 billion and to publicly disclose the names of all contractors paid from the funds, including details of their directors and shareholders.

In its arguments, SERAP maintained that INEC must operate transparently and free from corruption to guarantee credible elections and protect Nigerians’ constitutional right to participate in free and fair polls. The group warned that unresolved allegations could undermine INEC’s ability to conduct impartial elections in the future unless those responsible are prosecuted and misappropriated funds fully recovered.

According to SERAP, persistent failures in accountability amount to abuse of public office and erode public trust in the electoral process. It stressed that corruption allegations tied to election materials directly threaten the credibility, transparency and integrity of elections in Nigeria.

Court documents filed by SERAP’s lawyers—Kolawole Oluwadare, Kehinde Oyewumi and Andrew Nwankwo—described the Auditor-General’s findings as a serious breach of public trust, constitutional provisions and international anti-corruption standards.

The Auditor-General’s report revealed that INEC allegedly made irregular payments exceeding N5.3 billion to a contractor for smart card readers without approval from the Bureau of Public Procurement (BPP) or the Federal Executive Council, and without evidence that the supplies were delivered. INEC reportedly claimed the procurement fell under national security exemptions, a justification the Auditor-General rejected as inconsistent with the Procurement Act.

The report also cited payments of over N4.5 billion to six contractors for ballot papers and result sheets without documentation of procurement processes, contractor eligibility, or evidence of delivery. Additional irregularities included questionable payments of N331 million, pre-award payments to contractors, failure to deduct and remit over N2.1 billion in stamp duties, and unretired cash advances totaling more than N630 million.

Further findings showed that INEC allegedly awarded contracts worth over N41 billion for printing election materials without due process, including contracts to firms with no relevant experience, as well as a N297 million contract for Toyota Land Cruisers at prices far above market value.

In multiple instances, the Auditor-General expressed concern that the funds may have been diverted and called for their recovery and remittance to the treasury.

No hearing date has yet been fixed for the case.