By Opeyemi Adelakun
The proposed Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026, has drawn strong opposition from the Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors, with both organisations threatening legal action if the National Assembly approves the legislation.
The groups said the proposed law could create a new layer of government control over civil society organisations, independent media, religious bodies and private entities that receive foreign assistance.
In a joint open letter dated August 29, SERAP Deputy Director, Kolawole Oluwadare, and Nigerian Guild of Editors General Secretary, Onuoha Ukeh, urged Senate President Godswill Akpabio and Speaker of the House of Representatives, Tajudeen Abbas, to stop the bill.
The organisations called on the National Assembly leaders to “immediately reject and withdraw the Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026 (SB.1034), as the Bill is unnecessary, unlawful, unconstitutional and threatens civic space, media freedom and democratic participation in Nigeria.”
The bill, sponsored by Senator Ibrahim Dankwambo (PDP, Gombe North), proposes compulsory registration and disclosure requirements for organisations receiving foreign assistance.
It also provides for sanctions, including a minimum N20 million fine for civil society organisations and private entities, as well as possible suspension or revocation of operating licences.
SERAP and NGE questioned the need for the proposed regulatory framework, arguing that the country already has agencies responsible for financial regulation, corporate registration, taxation and anti-money laundering enforcement.
“Although the Bill is presented in the guise of promoting transparency, it would establish an extensive framework for governmental control over civil society organisations and private entities receiving foreign assistance,” they said.
The organisations further warned that the proposed law could affect independent journalism because several media and civic organisations depend on foreign grants to fund public-interest work.
“The Bill could have serious consequences for independent journalism and civil society organizations, given the reliance of many organisations on foreign grants to support investigative journalism, fact-checking, journalist safety, media development and other public-interest activities,” the letter read.
Groups question proposed regulatory commission
Under the bill, a Foreign Aid Regulatory Commission would be created with powers to register organisations receiving foreign assistance, compel disclosures, inspect records, investigate activities and monitor the use of foreign funds.
The commission would also have powers to issue directives, suspend approvals, revoke registrations and impose administrative sanctions.
SERAP and NGE argued that the proposed powers could extend beyond legitimate financial oversight.
“These sweeping powers go far beyond ordinary financial regulation and would expose legitimate organisations, including independent media organisations, civil society groups and other civic actors and private entities, to intrusive governmental supervision and interference,” they said.
They also warned that placing independent organisations under another executive-controlled regulatory system could affect their ability to operate freely.
“Subjecting independent media and other civil society organisations and private entities to an additional executive-controlled regulatory regime would increase governmental leverage over their operations, place pressure on independence and create conditions conducive to self-censorship,” they said.
Existing agencies enough, SERAP, NGE insist
The organisations listed the Corporate Affairs Commission, Economic and Financial Crimes Commission, Special Control Unit against Money Laundering, Nigerian Financial Intelligence Unit and Federal Inland Revenue Service among institutions already exercising relevant regulatory responsibilities.
“Nigeria already has a comprehensive legal and institutional framework for corporate registration, financial reporting, taxation, anti-money laundering and anti-corruption enforcement through the Corporate Affairs Commission, the Economic and Financial Crimes Commission, the Special Control Unit against Money Laundering (SCUML), the Nigerian Financial Intelligence Unit, the Federal Inland Revenue Service and other competent authorities,” they said.
They questioned whether the existing framework had been shown to be inadequate.
“Nothing in the Bill demonstrates that these institutions are unable to perform their statutory responsibilities or that any regulatory gap justifies creating another regulator with overlapping and potentially intrusive powers,” they added.
SERAP and NGE also criticised what they described as insufficiently defined provisions in the proposed legislation.
“The Bill also employs vague concepts such as ‘foreign aid’, ‘national priorities’ and ‘public interest’ without defining them or establishing objective legal standards to govern their application,” they said.
According to the organisations, such provisions mean the bill fails to meet constitutional and international human rights standards relating to legality, necessity and proportionality.
N20m fine raises further concern
The groups also objected to the proposed penalties, warning that heavy financial sanctions and the possibility of licence withdrawal could put significant pressure on affected organisations.
“The proposed penalties make the Bill even more dangerous. CSOs and private entities could face fines of at least N20 million, suspension or revocation of their operating licences, while individuals could face hefty fines and imprisonment for non-compliance,” they said.
They said the potential impact extends beyond civil society and media organisations to religious, humanitarian and charitable bodies that receive financial assistance from abroad.
2027 elections heighten concern
The organisations also connected their objection to the approaching 2027 general elections, warning that additional restrictions on civic organisations and independent media could affect democratic participation.
“As Nigeria prepares for the 2027 general elections amid an increasingly shrinking civic space, the Bill further threatens fundamental rights, democratic participation and media freedom,” they said.
On the constitutional basis of their objection, SERAP and NGE said the proposed legislation conflicts with fundamental rights protected under Nigerian law.
“The Bill is incompatible with sections 39 and 40 of the Nigerian Constitution 1999 (as amended) which guarantee the rights to freedom of expression and freedom of association,” they said.
They also cited the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, Article 13 of the United Nations Declaration on Human Rights Defenders and other international human rights standards.
SERAP and NGE called on the National Assembly to withdraw the bill and publicly commit to avoiding legislation that could unjustifiably restrict civic space, press freedom or the legitimate activities of civil society organisations and private entities.
They warned, however, that they would not rule out a legal challenge if lawmakers proceed with the bill.
“Should the Bill be passed into law despite the serious constitutional and human rights concerns raised, SERAP and NGE will consider taking all appropriate legal action in the public interest to challenge it and protect freedom of association, media freedom and civic participation,” they said.
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