The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Independent National Electoral Commission (INEC) over its alleged failure to account for ₦55.9 billion reportedly allocated for the procurement of 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 September 9, 2025. According to SERAP, the report raises serious concerns about financial irregularities, non-compliance with procurement laws, and possible diversion of public funds by the electoral body.

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In the suit marked FHC/ABJ/CS/38/2026, filed last Friday at the Federal High Court in Abuja, SERAP is asking the court to compel INEC to explain the whereabouts of the disputed funds. The rights group is specifically seeking an order of mandamus directing the commission to account for the ₦55.9 billion allegedly missing or diverted.

SERAP stated that the funds were meant for the procurement of smart card readers, ballot papers, result sheets, and other essential election materials used during the 2019 polls. The organisation is also asking the court to compel INEC to publicly disclose the identities of all contractors allegedly paid from the funds, including the names of their directors and shareholders.

According to SERAP, such disclosures are critical to ensuring transparency and accountability in the electoral process. The group argued that INEC’s constitutional responsibility to conduct free and fair elections cannot be separated from its duty to manage public resources responsibly.

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SERAP warned that unresolved allegations of corruption could undermine public confidence in Nigeria’s electoral system. It stressed that the credibility of future elections would remain in doubt if the commission failed to address the issues raised by the Auditor-General and ensure that those allegedly involved are held accountable.

“INEC cannot ensure impartial administration of future elections if these allegations are not satisfactorily addressed, perpetrators are not prosecuted, and the proceeds of corruption are fully recovered,” the organisation stated.

The lawsuit, filed on SERAP’s behalf by its lawyers Kolawole Oluwadare, Kehinde Oyewumi, and Andrew Nwankwo, described the allegations as a grave violation of public trust, the 1999 Constitution, and international anti-corruption standards.

Citing the Auditor-General’s 2022 audited report, SERAP alleged that INEC irregularly paid over ₦5.3 billion to a contractor for the supply of smart card readers without approval from the Bureau of Public Procurement (BPP) or the Federal Executive Council. The report noted that there was no documentary evidence of supply and rejected INEC’s claim that the procurement was exempted under national security provisions.

The Auditor-General reportedly concluded that the explanation was “alien to the Procurement Act” and insisted that INEC should have obtained a Certificate of No Objection from the BPP. He expressed concern that the funds may have been diverted and recommended their recovery.

Further allegations include payments of over ₦4.5 billion to six contractors for ballot papers and result sheets without evidence of procurement processes, contractor eligibility, or proof of delivery. INEC was also accused of making questionable payments amounting to ₦331 million under doubtful circumstances, including instances where contractors were allegedly paid before contracts were awarded.

The report also faulted INEC for failing to deduct and remit over ₦2.1 billion in stamp duties, not retiring ₦630 million in cash advances, and awarding contracts worth over ₦41 billion without due process. Additional concerns were raised over the purchase of Toyota Land Cruisers at prices significantly higher than prevailing market rates.

As of the time of filing, no date has been fixed for the hearing of the suit. However, SERAP maintained that resolving the allegations is essential to restoring trust in Nigeria’s electoral institutions and upholding the rule of law.