The Socio-Economic Rights and Accountability Project (SERAP) has brought a lawsuit against Nigeria’s governors along with the Minister of the Federal Capital Territory, Nyesom Wike, for their inability to account for the allocation and expenditure of billions of naira designated as 'security votes' since May 29, 2023. The suit aims to hold these officials accountable for ensuring the safety and security of Nigerian citizens.
This legal action ensued in response to the reports of the Benue massacre and the ongoing crises of insecurity affecting multiple states and the FCT, which persist despite the annual allocation of over N400 billion as security votes. Reports indicate that ten governors have earmarked approximately N140 billion for security votes in the year 2026 alone.
The case, numbered FHC/ABJ/CS/95/2026, was filed last Friday at the Federal High Court in Abuja. SERAP is urging the court to mandate the governors and Mr. Wike to reveal specifics regarding the utilization of security votes from May 29, 2023, to the present, intended for the purpose of safeguarding the lives and property of Nigerians.
Additionally, SERAP requests that the court enforce the provision of comprehensive reports on the allocation and expenditure of security votes at the state and FCT levels, detailing the status of implementations and completion, along with any plans to bolster security infrastructure within the respective states and FCT.
In its argument, SERAP asserts that the Nigerian populace has the right to be informed about how public funds, including security votes meant for ensuring safety, are utilized by governors and the FCT minister.
Furthermore, SERAP highlights that the rampant insecurity in numerous states and the FCT is significantly impacting vulnerable social and economic groups, exacerbating extreme poverty, heightening hunger, and leading to serious violations of human rights.
The organization contends that several state governors and the FCT minister are failing to properly fulfill their primary responsibility, which is ensuring the protection of the lives and properties of the Nigerian populace. According to SERAP, the architects of the Nigerian Constitution of 1999 (revised) did not anticipate the unaccountable spending of public funds categorized as security votes.
SERAP also mentions that the constitutional principles of democracy support the public’s right to transparency in the spending of funds collected for security purposes. It argues that such knowledge is vital for maintaining accountability and openness, which are essential for democracy in Nigeria.
The lawsuit filed on behalf of SERAP by its legal representatives, Oluwakemi Agunbiade, Andrew Nwankwo, and Valentina Adegoke, underscores the significant risk of embezzlement, misappropriation, or diversion of funds categorized as security votes.
Despite the billions allocated as security votes every year, the governing figures are reportedly failing to sufficiently guarantee the security and welfare of the Nigerian citizens, in conflict with section 14(2)(b) of the Nigerian Constitution.
SERAP argues that compelling the governors to account for their security vote spending will facilitate an open dialogue with Nigerians about the pressing security issues and the actions being taken by these officials in response.
The organization points out that the persistent secrecy surrounding the expenditures of these votes has contributed to massive theft of public funds. This lack of transparency over the years has diminished the public’s capability to hold officials accountable for their constitutional duties regarding the security and welfare of the populace.
It emphasized the critical public interest in having the governors and FCT minister account for how the security votes have been utilized thus far. The expectation placed on state governors and the FCT minister to ensure national safety and welfare aligns with their obligation under section 15(5) of the Nigerian Constitution, which mandates the eradication of corrupt practices and the misuse of office.
While national security considerations might justify withholding specific operational information, there is no constitutional or legal basis for concealing fundamental details regarding public expenditure from the citizenry.
The Supreme Court has reaffirmed the applicability of the Freedom of Information Act to public records within the Federation, including those related to security vote expenditures maintained by states and the FCT. The landmark ruling clarifies that state governors can no longer claim that this act does not pertain to them.
The Supreme Court has articulated that any state-level freedom of information law is subordinate to the Freedom of Information Act at the federal level.
According to SERAP, the failure of state governors and the FCT minister to disclose and account for the spending of security votes constitutes a serious breach of public trust, as well as violations of the Nigerian Constitution, national anti-corruption laws, and the country’s international human rights obligations.
It criticized the tendency among governors to perceive security votes as their own personal funds, contrary to both the Nigerian Constitution and international standards, insisting that such funds should be allocated to enhance security conditions or returned to state treasuries.
Section 13 of the Nigerian Constitution explicitly assigns responsibility to the states and the FCT to adhere to and implement provisions in Chapter 2 of the constitution.
SERAP argues that the public’s need to access the requested information greatly outweighs any rationale for withholding it.
In conclusion, the World Bank has recently categorized Nigeria as an 'economy in fragile and conflict-affected situations (FCS)', outlining the profound developmental challenges the nation faces. Other nations designated as FCS alongside Nigeria include Afghanistan, Burkina Faso, Cameroon, Ethiopia, Libya, Mali, and Sudan, with insecurity exacerbating extreme poverty levels within Nigeria.
The Bank reports a troubling outlook for poverty in Nigeria, noting acute food insecurity for millions of residents and how severe shortcomings in education and healthcare are undermining human development. The prevailing issues of weak state capacity, insecurity, and conflict-related disturbances are negatively affecting basic service provision and exacerbating economic damage and human rights violations across numerous states and the FCT.
As of now, no date has been set for the court hearing regarding this lawsuit.
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