The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have called on the National Assembly to abandon a proposed law regulating foreign assistance, warning that it could undermine media freedom, civil society and democratic participation.
The two organizations said they would consider legal action if the Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026 (SB.1034) is passed despite what they described as serious constitutional and human rights concerns.
In a joint open letter dated August 29 and signed by SERAP’s deputy director, Kolawole Oluwadare, and NGE general secretary, Onuoha Ukeh, the groups urged Senate President Godswill Akpabio and House of Representatives Speaker Tajudeen Abbas to reject and withdraw the legislation.
They argued that although the bill is presented as a measure to improve transparency, its provisions could create a broad system of government oversight over civil society organizations, independent media, religious and humanitarian groups and private entities that receive foreign funding.
The bill, sponsored by Senator Ibrahim Dankwambo (PDP, Gombe North), proposes mandatory registration and disclosure requirements for organisations receiving foreign assistance. It also provides for sanctions, including fines of at least N20m for civil society organisations and private entities, as well as possible suspension or withdrawal of operating licences.
SERAP and NGE said such penalties could place legitimate organizations under significant financial and regulatory pressure.
The proposed legislation would establish a Foreign Aid Regulatory Commission (FARC), which would have powers to register organizations receiving foreign assistance, demand information, inspect records, conduct investigations, monitor the use of funds and issue directives.
The organizations said these powers would go beyond ordinary financial regulation and could give the government excessive influence over independent organizations.
They also questioned the need for another regulatory body, arguing that Nigeria already has institutions responsible for corporate registration, financial reporting, taxation, anti-money laundering and financial crime enforcement.
Those institutions include the Corporate Affairs Commission, Economic and Financial Crimes Commission, Special Control Unit against Money Laundering, Nigerian Financial Intelligence Unit and Federal Inland Revenue Service.
The groups said the bill does not demonstrate that existing agencies are incapable of carrying out their statutory responsibilities or that a new regulator is needed to close a regulatory gap.
SERAP and NGE said the proposed framework could have particular consequences for independent journalism, noting that foreign grants support activities such as investigative reporting, fact-checking, journalist safety and media development.
They warned that additional government controls over organizations receiving overseas funding could increase pressure on independent media and create conditions that encourage self-censorship.
The organizations also raised concerns about the bill’s proposed disclosure requirements, which would require recipients to provide information on the sources, amounts and conditions attached to foreign assistance.
They said placing such information on a public National Foreign Aid Register, alongside mandatory audits and requirements that projects conform to government-defined national priorities, could impose an excessive burden on legitimate organizations.
The groups criticized what they described as vague language in the bill, particularly references to terms such as “foreign aid”, “national priorities” and “public interest”.
They argued that without clear definitions and objective standards, the provisions could leave room for arbitrary or selective enforcement.
According to SERAP and NGE, the bill’s broad regulatory powers, combined with criminal penalties, substantial fines and possible licence revocation, could have a chilling effect on organizations and individuals exercising their lawful rights.
They said the proposed law would affect not only NGOs but potentially independent media organizations, labour unions, professional associations, universities, research institutions, religious bodies, humanitarian organizations, technology hubs and other entities that receive foreign grants, donations or technical assistance.
The organizations further argued that the legislation could conflict with constitutional protections for freedom of expression and association, as well as Nigeria’s obligations under international and regional human rights instruments.
They cited sections 39 and 40 of the Nigerian Constitution, which protect freedom of expression and association, alongside provisions of the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
SERAP and NGE said the timing of the proposed legislation was particularly troubling as Nigeria approaches the 2027 general elections.
They argued that the bill should be considered against what they described as a broader contraction of civic space, including the use of criminal defamation and cybercrime laws against journalists and activists, arrests linked to peaceful expression and lawsuits aimed at discouraging public participation.
The organizations warned that laws regulating foreign funding could, in some jurisdictions, be used to stigmatise or restrict independent civil society rather than simply promote financial transparency.
They said Nigeria should instead strengthen existing mechanisms for accountability while protecting organisations that contribute to public debate, human rights, humanitarian work and democratic participation.
SERAP and NGE urged the National Assembly to immediately withdraw and reject SB.1034 and publicly commit not to reintroduce legislation that they believe would unjustifiably restrict civic space, media freedom or the lawful activities of civil society and private organizations.
They also called for legislation that promotes transparency and accountability while preserving an enabling environment for independent media, civil society, religious and humanitarian organizations and other private entities.
The groups urged lawmakers to refrain from measures that could weaken democracy, the rule of law and fundamental freedoms, particularly in the period leading up to the 2027 elections.
They said the National Assembly has a constitutional responsibility to protect democratic institutions and fundamental rights and should ensure that its legislative powers are not used to suppress legitimate criticism or restrict peaceful civic participation.
SERAP and NGE said they would consider “all appropriate legal action in the public interest” if the bill becomes law despite the concerns they have raised.
