The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Independent National Electoral Commission (INEC) over what it described as the commission’s failure to account for an alleged missing or diverted ₦55.9 billion earmarked for election materials for the 2019 general elections.
The allegations are contained in the latest annual report of the Auditor-General of the Federation, published on 9 September 2025.
In the suit marked FHC/ABJ/CS/38/2026, filed last Friday before the Federal High Court, SERAP is seeking an order of mandamus compelling INEC to account for the funds allegedly meant for the procurement of smart card readers, ballot papers, result sheets and other election materials.
SERAP is also asking the court to order INEC to disclose the names of all contractors paid the ₦55.9 billion, as well as the identities of their directors and shareholders.
According to SERAP, INEC must demonstrate transparency and accountability to guarantee credible elections.
The group argued that “INEC must operate without corruption if the commission is to ensure free and fair elections in the country and uphold Nigerians’ right to participation.”
SERAP further contended that unresolved allegations of financial misconduct could undermine future elections, insisting that perpetrators, including contractors allegedly involved, must be prosecuted and any proceeds of corruption fully recovered.
“INEC cannot properly carry out its constitutional and statutory responsibilities to conduct free and fair elections if it continues to fail to uphold the basic principles of transparency, accountability and the rule of law,” SERAP said.
The organisation also warned that allegations of corruption in the procurement of election materials directly threaten Nigerians’ right to participate in elections that are “free, fair, transparent and credible.”
The lawsuit, filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Kehinde Oyewumi and Andrew Nwankwo, described the findings in the Auditor-General’s report as a “grave violation of public trust, the Nigerian Constitution 1999 (as amended), and international anti-corruption standards.”
SERAP cited the Auditor-General’s report, which stated that INEC “irregularly paid” over ₦5.3 billion to a contractor for the supply of smart card readers for the 2019 elections without approvals from the Bureau of Public Procurement (BPP) or the Federal Executive Council, and without evidence of supplies.
Although INEC reportedly claimed the procurement fell under national security exemptions, the Auditor-General rejected the explanation as “alien to the Procurement Act” and insisted that a Certificate of No Objection from the BPP was required, expressing concern that the funds “may have been diverted.”
The audit report also alleged that INEC paid over ₦4.5 billion to six contractors for ballot papers and result sheets without documentary evidence of supply, approvals or proof of contractors’ eligibility, including tax and pension clearance certificates.
Further allegations include questionable payments of over ₦331 million under “doubtful circumstances,” failure to deduct and remit more than ₦2.1 billion in stamp duties, non-retirement of over ₦630 million in cash advances to staff, and the award of contracts exceeding ₦41 billion for election materials without due process or proof of contractors’ competence.
The Auditor-General also queried the irregular award of a ₦297 million contract for the supply of four Toyota Land Cruisers, noting that market surveys showed the vehicles did not exceed ₦50 million each at the time, despite INEC’s claim of paying ₦74 million per unit.
In several instances, the Auditor-General said he was concerned that the funds involved “may have been diverted” and recommended that the money be recovered and remitted to the treasury.
No date has yet been fixed for the hearing of the suit.