SERAP Sues Governors, ‘Over Failure to Account for Security Votes Spending’

The Socio-Economic Rights and Accountability Project (SERAP) has sued Nigerian governors and Minister of the Federal Capital Territory, Abuja (FCT), Nyesom Wike. The suit timelines to 29th May 2023 “over their failure to account for the spending of billions of naira of public funds in the name of ‘security votes’.

The security vote is engendered to guarantee and ensure the security of life and property of Nigerians.

According to SERAP despite the N400 million budgeted yearly for “security votes”, there are increased cases of insurgencies in some states and Abuja.

The suit, number: FHC/ABJ/CS/95/2026, was filed on Friday 16th January 2026 at the Federal High Court sitting in the FCT, Abuja.

The suit filed by SERAP lawyers, Oluwakemi Agunbiade, Andrew Nwankwo, and Valentina Adegoke, reads in part:

“There is a significant risk of embezzlement, misappropriation or diversion of public funds collected by the states and FCT as security votes.

“Despite the billions of naira yearly budgeted as security votes, many governors and FCT ministers are grossly failing to guarantee and ensure the security and welfare of the Nigerian people, contrary to section 14(2)(b) of the Nigerian Constitution.

“Directing the governors and FCT minister to account for security votes spending would serve to engage Nigerians in an honest conversation about the security problems and what the governors and minister are doing to respond to them.

“The intense secrecy and lack of meaningful oversight of the spending of security votes by governors have for many years contributed to large-scale stealing of public funds.

“Years of secrecy in the spending of security votes have also limited the ability of the people to hold high-ranking public officials to account for their constitutional responsibility to ensure the security and welfare of the people.

“There is a legitimate public interest for the governors and the FCT minister to explain how they have spent the security votes they have so far collected.

“The obligations of state governors and FCT minister to guarantee and ensure the security and welfare of the Nigerian people is interlinked with their responsibility under section 15(5) of the Nigerian Constitution to ‘abolish all corrupt practices and abuse of office’.

“While authorities may keep certain matters of operational secrets from the people in the name of national security, there is no constitutional or legal basis to hide basic information on public spending from the people.

“The Supreme Court in a groundbreaking judgment declared that the Freedom of Information Act ‘is applicable and applies to the public records in the Federation’, including those on security votes spending kept by the states and FCT.

“With the landmark judgment, the Supreme Court has made clear that state governors can no longer hide under their unfounded claim that the Freedom of Information Act does not apply to them.

“As the Supreme Court has eloquently stated, any freedom of information law by the state is subject to the Freedom of Information Act.

“Pervasive tendency by governors to regard or treat security votes as their personal entitlement or funds is antithetical to the Nigerian Constitution and international standards. Security votes should be used for improving the security situation in the states or returned to the public treasury.

“Section 13 of the Nigerian Constitution further imposes clear responsibility on the states and FCT to conform to, observe and apply the provisions of Chapter 2 of the constitution.

“The public interest in publishing the information sought outweighs any considerations to withhold the information.

“The World Bank recently classified Nigeria as ‘economy in fragile and conflict-affected situations (FCS)’, which explains why the country continues to face severe and persistent development challenges.

“Other 38 countries classified as FCS alongside Nigeria include Afghanistan, Burkina Faso, Cameroon, Ethiopia, Libya, Mali, and Sudan. The World Bank noted that insecurity is contributing to extreme poverty in Nigeria.

“According to the Bank, ‘the outlook for poverty in Nigeria is sobering. Millions of people are currently experiencing acute food insecurity. Severe gaps in education and health undermine human development in the country.’

“Weak state capacity, insecurity, and conflict-related disruptions contribute to poor outcomes across basic services. Insecurity is escalating and inflicting grave economic damage while contributing to violations of human rights across several states and FCT.”