Leadership
SERAP’s Lawsuit Against Governors, FCT Minister Over Security Votes Spending
The suit, numbered FHC/ABJ/CS/95/2026, was filed at the Federal High Court in Abuja. It targets all of Nigeria’s governors collectively—though specific names are not individually listed in the filing—and FCT Minister Wike.
EDITORIAL
The Socio-Economic Rights and Accountability Project (SERAP) is a prominent Nigerian non-governmental organization. It focuses on transparency and human rights. The organization has filed a significant lawsuit. This legal action challenges how state governors handle security votes opaquely. It also challenges the actions of the Minister of the Federal Capital Territory (FCT), Nyesom Wike. This legal action was initiated on January 17, 2026. That was the Friday before January 18. It comes amid escalating insecurity across Nigeria. This includes banditry, kidnappings, and attacks that have disproportionately affected vulnerable communities. As of today, January 18, 2026, the suit highlights a critical issue in Nigerian governance. The issue is the lack of accountability for billions of naira allocated as “security votes.” These are discretionary funds intended for protecting lives and property. However, they are often shrouded in secrecy. Below, I provide a detailed analysis of the lawsuit’s components. I draw from SERAP’s official statements and filings. This helps unpack its motivations. I also examine its arguments, implications, and potential outcomes.
Lawsuit Overview and Key Details
The suit, numbered FHC/ABJ/CS/95/2026, was filed at the Federal High Court in Abuja. It targets all of Nigeria’s governors collectively—though specific names are not individually listed in the filing—and FCT Minister Wike. This broad approach underscores SERAP’s intent to address a systemic problem rather than isolated cases. The lawsuit stems from reports of pervasive insecurity, including a recent massacre in Benue State, despite substantial budgets for security.
Financially, the case spotlights massive allocations: Nigerian states and the FCT collectively budget over N400 billion annually as security votes. For 2026 alone, at least 10 governors have earmarked approximately N140 billion for these funds. This information is according to budget analyses referenced in the suit. These amounts are drawn from public resources. However, there is little to no public disclosure on how they are spent. There is also no information on how they are audited or evaluated for effectiveness. SERAP’s legal team, including Oluwakemi Agunbiade, Andrew Nwankwo, and Valentina Adegoke, filed the suit on behalf of the organization. They emphasized that no hearing date has been set yet.
This lawsuit builds on SERAP’s history of holding public officials accountable. SERAP has taken previous actions against the Independent National Electoral Commission (INEC) over election funds. They have also acted against governors on fuel subsidy savings. The situation reflects growing public frustration in regions like Port Harcourt. Here, economic hardships intersect with security concerns. This amplifies calls for transparency.
SERAP’s Core Arguments
SERAP’s case is grounded in constitutional, legal, and human rights principles. It argues that the lack of transparency in security votes spending violates Nigerians’ fundamental rights. Key arguments include:
- Right to Information and Public Accountability: SERAP asserts that citizens have a constitutional right to knowledge about public fund usage. Knowing how public funds are used is a constitutional right for citizens. It is essential for citizens to be informed about the use of public funds. This is especially important for funds allocated for security. They cite the Freedom of Information (FOI) Act. This act mandates disclosure of public records. They also reference a Supreme Court judgment. This judgment affirms that such laws apply to spending details. The opacity around security votes creates a “significant risk of embezzlement, misappropriation, or diversion,” limiting oversight and enabling corruption.
- Failure to Fulfill Constitutional Duties: Section 14(2)(b) of the 1999 Nigerian Constitution (as amended) highlights the primary purpose of government. This purpose is the security and welfare of the people. SERAP argues that governors and Wike have failed in this duty. Insecurity persists despite billions being budgeted. This is evidenced by rising poverty, hunger, and human rights violations in states and the FCT. They link this to Section 15(5). This section obligates the abolition of corrupt practices. Section 13 requires adherence to the Constitution’s fundamental objectives.
- Breach of Public Trust and International Obligations: The suit contends that treating security votes as “personal entitlements” contradicts democratic principles. It also opposes international anti-corruption standards. SERAP references Nigeria’s classification by the World Bank as a fragile and conflict-affected state. Insecurity in Nigeria exacerbates food insecurity. Additionally, it leads to rights abuses. They emphasize that public interest in disclosure outweighs any secrecy claims. This promotes openness and engages citizens in solutions to security challenges.
- Historical Context of Secrecy: For years, security votes have been spent without oversight, contributing to large-scale theft. SERAP notes that the Constitution’s framers did not intend for such funds to be unaccountable. Secrecy limits the ability to assess their impact on improving security infrastructure.
These arguments position the lawsuit as a push for systemic reform. It is not just about individual accountability. This highlights how unchecked spending perpetuates cycles of violence and inequality.
Relief Sought by SERAP
SERAP is not merely highlighting problems; they’re seeking concrete judicial remedies to enforce transparency. The primary relief includes:
- An order directs the governors and Wike to publicly disclose detailed spending on security votes. This includes spending from May 29, 2023, the start of the current administration, to date.
- Mandating comprehensive reports on allocations and expenditures. This includes reporting on implementation status and completion audits. It also involves future plans for enhancing security in their respective states and the FCT.
- Ensuring that unutilized or ineffective funds are returned to the public treasury, aligning with anti-corruption obligations.
If granted, this relief could set a precedent for mandatory disclosures, transforming how security votes are managed nationwide.
Implications and Potential Outcomes
This lawsuit has far-reaching implications for Nigerian governance, security, and human rights. Positively, a favorable ruling could enhance transparency. It would reduce corruption risks and ensure funds actually combat insecurity. This would benefit communities in high-risk areas like the North Central and Southeast. This situation aligns with broader calls for accountability. Citizens face economic hardships and demand better use of public resources in places like Port Harcourt.
ALSO READ:
However, challenges loom: Governors may argue national security exemptions under the FOI Act, potentially prolonging the case. Politically, it could strain relations between the federal government and states, especially if seen as targeting Tinubu allies like Wike. Regarding human rights, the case indirectly addresses issues like Christian persecution in Nigeria. Opaque spending fails to protect minority faith groups from targeted attacks.
There are several potential outcomes. They include a court-mandated disclosure. This could set a landmark for FOI enforcement. Alternatively, there could be a dismissal on procedural grounds, which could embolden secrecy. SERAP has a strong track record of successful suits. There is optimism for at least partial victories. This could possibly lead to policy reforms by mid-2026.
Conclusion: A Step Toward Transparent Governance
SERAP’s lawsuit against the governors and Wike over security votes is a timely intervention in Nigeria’s struggle for accountable leadership. By demanding details on billions in spending amid rampant insecurity, it empowers citizens to hold power accountable. As the case progresses, it could catalyze reforms that prioritize lives over opacity. For Nigerians in Rivers State and beyond, this is a reminder that civil society plays a vital role in democracy. Stay updated on developments, and consider supporting organizations like SERAP in their fight for socio-economic rights.
