SERAP, Editors Move Against Foreign Aid Bill, Threaten Legal Action

• SERAP and the Nigerian Guild of Editors have mounted a fresh challenge to the National Assembly over a proposed law regulating foreign aid

• The organisations faulted the proposed Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026, sponsored by Senator Ibrahim Dankwambo

• They warned that mandatory registration could expose legitimate organisations to arbitrary enforcement, government pressure and self-censorship.

• With Nigeria heading towards the 2027 elections, SERAP and NGE said the proposed law could further constrict an already shrinking civic space and undermine freedom of expression

August 30, () — The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have called on Senate President Godswill Akpabio and Speaker of the House of Representatives, Tajudeen Abbas, to immediately reject and withdraw the Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026 (SB.1034).

They described it as an unnecessary and potentially dangerous attempt to expand government control over civic organisations and independent institutions.

The organisations, in a joint open letter dated August 29, 2026, warned that the Bill could have far-reaching consequences for civil society organisations, independent media, religious and humanitarian organisations, professional associations and other private entities that receive foreign grants, donations, technical assistance or development funding.

Sponsored by Senator Ibrahim Dankwambo (PDP, Gombe North), the bill seeks to introduce mandatory registration, disclosure and reporting requirements for organisations and private entities receiving foreign assistance.

But SERAP and NGE argued that the proposed framework goes well beyond legitimate financial transparency and could give the executive extensive powers over organisations whose activities are critical to public accountability and democratic participation.

The letter, signed by SERAP Deputy Director, Kolawole Oluwadare, and NGE General Secretary, Onuoha Ukeh, described the Bill as “unnecessary, duplicative” and inconsistent with constitutional and international human rights protections.

Another Regulator Unnecessary, Groups Say

At the centre of the organisations’ objection is the proposed Foreign Aid Regulatory Commission (FARC), which the Bill seeks to establish.

SERAP and NGE said FARC would have powers to register NGOs, civil society organisations and private entities receiving foreign assistance, maintain databases, compel information, inspect records, conduct investigations and audits, monitor the use of foreign funds, issue directives and impose sanctions.

The commission would also have powers to suspend approvals and revoke registrations, giving it substantial leverage over the continued operation of organisations within its regulatory reach.

The organisations questioned why another regulator was necessary when several government agencies already possess overlapping powers.

They cited the Corporate Affairs Commission (CAC), Economic and Financial Crimes Commission (EFCC), Special Control Unit against Money Laundering (SCUML), Nigerian Financial Intelligence Unit (NFIU) and Federal Inland Revenue Service (FIRS) as institutions already responsible for corporate registration, financial reporting, taxation, anti-money laundering and anti-corruption enforcement.

“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.

The groups said the implications for the media could be particularly serious because several independent media organisations rely on foreign grants for investigative journalism, fact-checking, journalist safety, media development and other public-interest activities.

They argued that placing such organisations under an additional executive-controlled regulatory regime could give government undue leverage over editorially independent institutions.

“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 warned.

The proposed law, according to the organisations, could also affect labour unions, professional associations, universities, research institutes, religious organisations, humanitarian bodies, technology hubs and charitable organisations that receive foreign grants, donations or technical assistance.

SERAP and NGE also took issue with the penalties contemplated under the Bill.

They said affected civil society organisations and private entities could face fines of at least N20 million, while non-compliance could also result in suspension or revocation of operating licences. Individuals could face fines and imprisonment.

The organisations said these sanctions, when combined with broad regulatory powers, could create a climate in which organisations choose to avoid legitimate but critical activities for fear of government retaliation.

The Bill also requires recipients of foreign assistance to disclose information including the source and amount of funding, conditions attached to the assistance and implementing partners.

Such information, the organisations said, would be published in a proposed National Foreign Aid Register.

Foreign-funded projects would also be subject to monitoring and annual audits and would be required to align with government-defined national development priorities.

The organisations argued that the cumulative effect of these provisions would place an excessive regulatory burden on legitimate organisations.

‘Vague Provisions Could Fuel Arbitrary Enforcement’

The groups further criticised the Bill for relying on undefined or insufficiently precise concepts such as “foreign aid”, “national priorities” and “public interest”.

They argued that without clear legal definitions and objective standards, the provisions could be applied selectively or arbitrarily.

According to them, restrictions on freedom of expression, association and media freedom must meet the tests of legality, necessity and proportionality in a democratic society.

They maintained that the proposed law fails that test because its regulatory and enforcement provisions could allow the government to exercise excessive control over organisations based on the source of their funding.

SERAP and NGE said the Bill is incompatible with Sections 39 and 40 of the 1999 Constitution, as amended, which guarantee freedom of expression and association.

They also cited the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights and the United Nations Declaration on Human Rights Defenders.

2027 Elections Heighten Alarm

The organisations said the timing of the proposed legislation was particularly troubling given the approach of the 2027 general elections.

They argued that Nigeria was already experiencing what they described as a shrinking civic space, citing alleged arbitrary arrests, criminal defamation and cybercrime prosecutions involving journalists and activists, strategic lawsuits against public participation and other measures which, in their view, have placed pressure on critical voices.

Against that background, they said, giving government additional powers to monitor and sanction foreign-funded organisations could have a chilling effect on civic participation and independent scrutiny of political authorities.

“Experience across multiple jurisdictions demonstrates that foreign funding laws can be used not to improve transparency but to stigmatise, intimidate and restrict independent civil society organisations and the media. Nigeria should not follow that path,” they said.

They stressed that civil society organisations and independent media provide important platforms for citizens to organise, express concerns, defend rights, demand accountability and participate in public affairs.

SERAP, Editors Threaten Court Action

SERAP and NGE consequently demanded that the National Assembly immediately withdraw and reject SB.1034 and publicly commit against reintroducing legislation that unjustifiably restricts civic space, media freedom or the lawful activities of civil society and private organisations.

They also urged lawmakers to focus on legislation that strengthens transparency and accountability without undermining media freedom, civic participation and the independence of legitimate organisations.

The groups further called on the National Assembly to uphold its constitutional responsibility to protect democracy, the rule of law and fundamental rights, particularly as the country approaches another general election.

They warned that if the Bill is passed despite the constitutional and human rights concerns raised, they would consider “all appropriate legal action in the public interest” to challenge the legislation.