The Socio-Economic Rights and Accountability Project (SERAP) has instituted legal action against the Independent National Electoral Commission (INEC) over its alleged inability to provide a satisfactory account of N55.9 billion reportedly earmarked for the procurement of smart card readers, ballot papers, result sheets and other materials used for the 2019 general elections.
The allegations are documented in the latest annual report published by the Auditor-General on September 9, 2025, reports Daily Independent.
In the suit number FHC/ABJ/CS/38/2026 filed last Friday at the Federal High Court in Abuja, SERAP is seeking “an order of mandamus to direct and compel INEC to account for the missing or diverted N55.9 billion meant to buy smart card readers, ballot papers, and other election materials for the 2019 general elections.
“An order of mandamus to direct and compel INEC to disclose the names of all contractors paid the N55.9 billion for the procurement of smart card readers, ballot papers, result sheets, and other election materials for the 2019 general elections, including the names of their directors and shareholders.
“INEC must operate without corruption if the Commission is to ensure free and fair elections in the country and uphold Nigerians’ right to participation.
“INEC cannot ensure impartial administration of future elections if these allegations are not satisfactorily addressed, perpetrators including the contractors involved are not prosecuted and the proceeds of corruption are not fully recovered.
“INEC cannot properly carry out its constitutional and statutory responsibilities to conduct free and fair elections in the country if it continues to fail to uphold the basic principles of transparency, accountability and the rule of law.
“These allegations also constitute abuse of public office and show the urgent need by INEC to commit to transparency, accountability, clean governance and the rule of law.
“Allegations of corruption in the supply of smart card readers, ballot papers, result sheets and other election materials directly undermine Nigerians’ right to participate in elections that are free, fair, transparent, and credible.”
The lawsuit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Kehinde Oyewumi, and Andrew Nwankwo, also reads in part: “These grim allegations by the Auditor-General suggest a grave violation of the public trust, the Nigerian constitution 1999 [as amended] and international anti-corruption standards.
“According to the recently published 2022 audited report by the Auditor General of the Federation (AGF), the Independent National Electoral Commission (INEC) ‘irregularly paid’ over N5.3 billion [N5,312,238,499.39] ‘to a contractor for the supply of smart card readers for the 2019 general elections.’
“The contract was awarded without prior approval from the Bureau of Public Procurement (BPP) and the Federal Executive Council. The payment was also ‘made without any document. There was no evidence of supplies to the commission.’
“INEC claimed approval was not sought because ‘the supply of smart card readers falls under national defence or national security and therefore exempted under the Procurement Act.’
“But the Auditor-General rejected the claim as ‘alien to the Procurement Act’, and stated that ‘INEC ought to have received a Certificate of No Objection from the BPP for the contract.’ He is concerned that the money ‘may have been diverted.’ He wants the money recovered and remitted to the treasury.
“INEC also reportedly ‘paid over N4.5 billion [N4,505,220,044.06] to six contractors for ballot papers/result sheets’, but ‘the payments were without any documentary evidence of supply from the contractors.’ There was ‘no evidence of advertisement, bid submission, bid evaluation, approvals and no Certificate of No Objection’.
“There was also ‘no evidence of the contractors’ eligibility’, as ‘INEC failed to show the contractors’ tax clearance certificate, pension clearance certificate, NSITF certificate, ITF certificate of compliance, and BPP registration.’
“The Auditor-General is concerned that the money ‘may have been diverted.’ He wants the money recovered and remitted to the treasury.
“INEC paid over N331 million [N331,228,070.04] to ‘some contractors in doubtful circumstances as several payments had contradictory supporting documents.’
“The contract ‘for the supply of 25 pieces of generating sets was dated 28 December 2019 but the receipt for the payment was issued 12 months before the contract.’ The contractors ‘were paid even before the award of the contracts.’
“INEC claimed that these infractions are justified for the ‘commission to ensure that the 2019 general elections were concluded and to avoid what would have been a deep constitutional crisis.’ But the Auditor-General considered the commission’s response ‘unsatisfactory.’
“The Auditor-General is concerned that the money ‘may have been diverted.’ He wants the money recovered and remitted to the treasury.
“INEC also failed ‘to deduct over N2.1 billion [N2,193,484,804.06] of stamp duty from contractors between 2018 and 2019.’ There ‘were no justifiable reasons by the commission for the failure to deduct and remit the stamp duty.’
“INEC claimed it did not receive ‘any circular requesting it to deduct stamp duty from contract payments to contractors’, but the Auditor-General considered the commission’s response ‘unsatisfactory.’
“The Auditor-General is concerned that the money ‘may have been diverted.’ He wants the money recovered and remitted to the treasury.
“INEC also failed to ‘retire over N630 million [N630,625,319.80] of cash advances granted to some officers of the commission. Some officers ‘were granted multiple advances when the previous ones had not been retired.’ The Auditor-General is concerned that the money ‘may have been diverted.’
“The commission also ‘awarded contracts of over N41 billion [N41,312,066,801.00] for the printing of ballot papers, result sheets, and voting point result sheets for various elections’, but ‘without due process.’ According to the Auditor-General, ‘there was no evidence that the contractors were eligible to carry out such contracts.’
“There ‘was also no evidence of previous work carried out by the contractors, as some of the contractors were civil engineering constructions companies, oil and gas companies and importer of building materials, among others.’
“The contracts ‘were also awarded without the Federal Executive Council’s approval, and ‘No Objection’ approval from the BPP.’ The Auditor-General is concerned that the money ‘may have been diverted.’ He wants the money recovered and remitted to the treasury.
“INEC also ‘irregularly awarded a contract for the supply of 4 Toyota Land Cruisers to the commission for over N297 million [N297,777,776.00].’ The ‘contract was awarded without the approval by the Federal Executive Council.’
“The ‘market survey carried out showed that the price of Toyota Land Cruiser in 2019 was not above N50 million’, but the commission claimed it paid N74 million for each Toyota Land Cruiser.’
“The Auditor-General is concerned that the money ‘may have been diverted.’ He wants the money recovered and remitted to the treasury.”
No date has however been fixed for the hearing of the suit.
