The Socio-Economic Rights and Accountability Project (SERAP) has instituted legal action against state governors across Nigeria and the Minister of the Federal Capital Territory (FCT), Abuja, Mr Nyesom Wike, “over their failure to account for the spending of billions of naira of public funds in the name of ‘security votes’ by them since 29 May 2023 to guarantee and ensure the security of life and property of Nigerians.”
The lawsuit was prompted by reports surrounding the Benue massacre and other widely reported incidents of insecurity in several states and the FCT, despite the allocation of more than N400 billion annually as ‘security votes.’ Reports indicate that 10 governors alone earmarked about N140 billion as security votes in 2026.
In suit number FHC/ABJ/CS/95/2026, filed last Friday before the Federal High Court in Abuja, SERAP is requesting the court to “direct and compel the governors and Mr Wike to disclose the details of the spending of security votes by them since 29 May 2023 to date, which are intended to ensure the security of life and property of Nigerians.”
SERAP further urged the court to “compel the governors and Mr Wike to provide detailed reports on the allocation and spending of security votes by their states and the FCT, including the information on implementation status and completion reports, and the plans, if any, for improving the security infrastructure in the states and FCT.”
In its submissions, SERAP maintained that, “Nigerians ought to know in what manner public funds including security votes meant to ensure the security of life and property of Nigerians, are spent by the governors and FCT minister.”
The organisation also argued that, “the escalating insecurity in several states and FCT is taking a devastating toll on socially and economically vulnerable Nigerians, driving up extreme poverty, intensifying hunger and leading to other grave human rights violations.”
According to SERAP, “Several state governors and FCT minister continue to fail to effectively discharge their primary and constitutional responsibility to protect the lives and property of the Nigerian people.”
SERAP stated that, “The framers of the Nigerian Constitution 1999 [as amended] never contemplated opaque spending of public funds as security votes.”
It added that, “The constitutional principle of democracy also provides a foundation for Nigerians’ right to know the spending details of the money collected in the name of security votes meant to ensure the security of life and property of Nigerians.”
SERAP further contended that, “Citizens’ right to know promotes openness, transparency, and accountability that is in turn crucial for the country’s democratic order.”
The suit, filed on SERAP’s behalf by its lawyers Oluwakemi Agunbiade, Andrew Nwankwo, and Valentina Adegoke, stated in part: “There is a significant risk of embezzlement, misappropriation or diversion of public funds collected by the states and FCT as security votes.”
SERAP emphasized that, “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.”
The group noted that, “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.”
It further stated that, “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.”
SERAP added that, “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.”
According to SERAP, “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 organisation argued that, “The obligations of state governors and FCT minister to guarantee and ensure the security and welfare of the Nigerian people are interlinked with their responsibility under section 15(5) of the Nigerian Constitution to ‘abolish all corrupt practices and abuse of office’.”
SERAP clarified that, “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.”
It recalled that, “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.”
SERAP stressed that, “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.”
The group added that, “As the Supreme Court has eloquently stated, any freedom of information law by the state is subject to the Freedom of Information Act.”
SERAP argued that, “The failure by state governors and FCT minister to disclose and account for the spending of security votes is a grave violation of the public trust and the provisions of the Nigerian Constitution, national anticorruption laws, and the country’s international human rights and anticorruption obligations.”
It further noted that, “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.”
SERAP cited that, “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.”
According to the organisation, “The public interest in publishing the information sought outweighs any considerations to withhold the information.”
SERAP also referenced the World Bank’s recent assessment, stating that, “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.”
It noted that, “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.”
Quoting the Bank, SERAP said, “‘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.’”
SERAP concluded that, “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.”
No hearing date has yet been scheduled for the case.