Joint Civil Society Press Conference on Protecting Civic Space, Constitutional Freedoms and Democratic Governance.

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Auwal Musa

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Aug 4, 2026, 1:00:39 PM (3 days ago) Aug 4

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Joint Civil Society Press Conference on Protecting Civic Space, Constitutional Freedoms and Democratic Governance.

We, the undersigned Nigerian, African and international human rights organisations and civil society organisations, are gravely concerned by the growing number of restrictive and repressive bills currently before Nigeria’s National Assembly. If enacted, these bills would significantly expand executive control over civic life and further undermine the rights to freedom of expression, peaceful assembly, freedom of association, media freedom, access to information, democratic participation and the rule of law.

These legislative proposals are being considered at a time when civic space in Nigeria is experiencing one of its most serious periods of decline since the country’s return to democratic rule in 1999. Since President Bola Ahmed Tinubu assumed office in May 2023, the authorities have increasingly relied on restrictive laws, politically motivated prosecutions, strategic lawsuits, arbitrary arrests, intimidation and judicial harassment against journalists, bloggers, media organisations, human rights defenders, civil society organisations and other individuals peacefully exercising their constitutional rights.

Recent examples include the continuing prosecution of activist and publisher Omoyele Sowore, reprisals against the Socio-Economic Rights and Accountability Project (SERAP), the misuse of the Cybercrimes Act to target journalists and government critics, and repeated attempts to intimidate independent media and civil society organisations. International monitoring has also documented this deterioration. In May 2026, the Committee to Protect Journalists (CPJ) reported 91 cases of journalists being arrested, attacked or otherwise harassed across 13 states and the Federal Capital Territory during the first three years of the current administration.

In the context of the broader pattern of repression and authoritarian practices in Nigeria, the pending bills are not isolated legislative initiatives. Rather, they represent an increasingly coordinated legislative effort to expand executive control over civil society, independent media and digital spaces while curtailing civic participation, public scrutiny and democratic accountability.

The timing of these proposals is particularly concerning as Nigeria prepares for the 2027 general elections. Rather than creating an open environment where citizens, journalists, civil society organisations and political actors can participate freely, these measures risk entrenching fear, self-censorship and intolerance of dissent. Independent advocacy, investigative journalism and public scrutiny are not threats to democracy; they are essential safeguards of constitutional governance and accountability.

Nigeria has repeatedly reaffirmed its commitment before the African Union, the Economic Community of West African States (ECOWAS), the United Nations and other international bodies to uphold democracy, human rights and the rule of law. The National Assembly therefore has a constitutional and international legal responsibility to strengthen—not weaken—the protections that safeguard civic space and democratic governance.

We are particularly alarmed by the Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026 (SB.1034), which would confer sweeping powers on the authorities to monitor, regulate, sanction, suspend and potentially shut down non-governmental organisations, civil society organisations and private entities receiving foreign assistance under the guise of promoting transparency, accountability and the prevention of the misuse of foreign aid.

While Sections 1 and 2 of the Bill identify legitimate objectives, including transparency, accountability and preventing misuse of foreign aid, they establish an overly broad regulatory framework that fails to distinguish between public funds received by government institutions and private philanthropic resources received by independent organisations. This risks transforming public financial regulation into state control over the constitutionally protected activities of independent associations.

Sections 3–5 establish the Foreign Aid Regulatory Commission (FARC) with extensive powers to register recipients, demand information, conduct inspections and audits, impose sanctions and enforce compliance with undefined “national policies and priorities”. These powers duplicate functions already performed by existing institutions, including the Corporate Affairs Commission, the Economic and Financial Crimes Commission (EFCC) and the Special Control Unit against Money Laundering (SCUML), while creating a new regulator with broad discretionary authority. The Bill fails to demonstrate that these existing legal and institutional frameworks are inadequate or incapable of achieving its stated objectives.

Sections 6–8 require every recipient of foreign assistance to register with FARC within 30 days, criminalise non-registration, impose extensive disclosure requirements through a National Foreign Aid Register, and require detailed reporting obligations regardless of the nature, size or risk profile of the funding.

Sections 9–11 impose further controls by requiring annual audits and compelling foreign-funded projects—including those undertaken by independent civil society organisations—to align with government-defined national development priorities. This creates significant risks of executive interference in legitimate human rights, governance, anti-corruption, public interest litigation and accountability work.

Sections 12–16 impose severe criminal and administrative sanctions, including fines, imprisonment, suspension or revocation of operational licences, broad regulation-making powers for the Commission, and an extremely broad definition of “foreign aid” capable of capturing virtually all forms of international financial and technical assistance. These provisions establish a sweeping, duplicative and disproportionate framework that threatens civil society independence, discourages legitimate international cooperation and humanitarian assistance, and interferes with constitutionally protected rights.

We are equally concerned by legislative proposals seeking to compel social media platforms to establish physical offices in Nigeria or face prohibition from operating in the country. Although presented as regulatory measures, such proposals would substantially increase governmental leverage over digital platforms that facilitate public debate, access to information and civic participation.

Conditioning access to Nigeria’s digital market on physical establishment, backed by the threat of prohibition, is neither necessary nor proportionate to any legitimate regulatory objective. Such measures risk facilitating censorship, restricting access to information, discouraging innovation and investment, and encouraging private companies to prioritise political pressure over internationally recognised human rights standards.

Both the Foreign Aids (Regulation, Transparency and Disclosure) Bill and the proposed legislation requiring social media platforms to establish physical offices in Nigeria are incompatible with Nigeria's constitutional, regional and international human rights obligations. Sections 39 and 40 of the Nigerian Constitution 1999 (as amended) guarantee freedom of expression, peaceful assembly and association, while Section 22 recognises the vital role of the media in holding government accountable.

Nigeria is also bound by the African Charter on Human and Peoples’ Rights, which forms part of Nigerian law through the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act. Article 1 requires Nigeria to adopt legislative and other measures to give effect to the rights protected under the Charter, including freedom of expression (Article 9), freedom of association (Article 10), freedom of assembly (Article 11) and participation in public affairs (Article 13).

Nigeria is further bound by the International Covenant on Civil and Political Rights (ICCPR). Articles 19, 21, 22 and 25 protect freedom of expression, peaceful assembly, association and participation in public affairs, while Article 2 requires Nigeria to ensure that domestic laws give full effect to these rights. Under Article 2 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), Nigeria must ensure that its domestic legal framework remains consistent with its treaty obligations.

Any restriction on these rights must satisfy the requirements of legality, legitimate purpose, necessity and proportionality under Articles 19(3), 21 and 22(2) of the ICCPR. The proposed bills fail to meet these standards.

The Foreign Aids Bill is also inconsistent with the United Nations Declaration on Human Rights Defenders. Article 13 recognises the right of everyone, individually and in association with others, to solicit, receive and utilise resources for the peaceful promotion and protection of human rights. Article 3 requires that any regulation of such activities be consistent with the UN Charter and international human rights obligations.

The Bill further conflicts with the African Commission on Human and Peoples’ Rights’ Guidelines on Freedom of Association and Assembly in Africa, which require States to facilitate rather than control the work of associations. It is also inconsistent with Financial Action Task Force (FATF) Recommendation 8, which requires measures affecting non-profit organisations to be targeted, risk-based and proportionate and rejects blanket regulatory approaches.

Regional and international courts have consistently rejected disproportionate restrictions of this nature. The African Court on Human and Peoples’ Rights has affirmed that limitations on Charter rights must satisfy strict requirements of legality, necessity and proportionality and must not destroy the essence of the protected right. Similarly, in Commission v Hungary (Transparency of Associations) (Case C-78/18), the Court of Justice of the European Union held that transparency objectives cannot justify discriminatory or disproportionate restrictions on organisations receiving international support or create a climate of suspicion towards independent civil society.

International cooperation is essential to the work of many Nigerian civil society organisations. International support enables organisations to undertake human rights monitoring, anti-corruption advocacy, humanitarian assistance, legal aid, election observation, public interest litigation and other activities that strengthen constitutional governance. Such support is a legitimate form of international cooperation, not evidence of foreign interference.

We therefore call upon the Senate President, the Speaker of the House of Representatives, the leadership of both chambers and all members of the National Assembly to:

1. Immediately withdraw the Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026 (SB.1034), the Bill requiring social media platforms to establish physical offices in Nigeria, and all other pending bills that unjustifiably restrict civic space, the rights to freedom of expression, association, peaceful assembly, media freedom, access to information and democratic participation.

2. Ensure that all future legislation affecting civil society organisations, digital rights, media freedom or civic participation complies fully with the Nigerian Constitution, the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights and other applicable international human rights standards.

3. Conduct genuine, transparent and meaningful consultations with civil society organisations, journalists, human rights defenders, professional associations, digital rights organisations, development partners and other affected stakeholders before adopting reforms affecting civic freedoms.

4. Reaffirm Nigeria’s commitment to constitutionalism, accountability, transparency, the rule of law and respect for human rights.

The National Assembly now faces a defining constitutional choice. It can enact legislation that expands executive control, shrinks civic space and accelerates democratic decline, or it can uphold the Nigerian Constitution, honour Nigeria's binding regional and international human rights obligations, and reaffirm the country's commitment to democratic governance, accountability and the rule of law.

We urge the National Assembly to reject these repressive bills in their entirety and instead enact legislation that protects civic space, strengthens transparency and accountability, promotes meaningful public participation, and reinforces the constitutional and democratic values on which Nigeria's future depends.

Signatories

1. 21st Century Community Empowerment for Youth Initiative

2. ActionAid Nigeria

3. Accountability Lab, Nigeria

4. Abuja School of Social and Political Thought

5. Africa Network for Environment and Economic Justice (ANEEJ)

6. African Centre for Leadership, Strategy & Development (Centre LSD)

7. African Centre for Media & Information Literacy (AFRICMIL)

8. African Law Foundation (AFRILAW)

9. Alliance on Surviving COVID 19 and Beyond (AACAB)

10. Alliances for Africa

11. Amnesty International Nigeria

12. Association for Public Health Education and Legal Research

13. Association of African Women for Researcher & Development (AAWORD Nigeria)

14. Borno Coalition for Democracy and Progress (BOCODEP)

15. BudgIT Foundation

16. Capacity Catalysts Consulting (TRILE C)

17. Centre For Change

18. Centre for Social Justice

19. Center for Fiscal Transparency and Public Integrity

20. Centre for Democracy and Development (CDD)

21. Centre for Democratic Research and Training (CRDDERT)

22. Centre for Information Technology and Development (CITAD)

23. Centre for Journalism Innovation and Development (CJID)

24. Centre for Transparency Advocacy

25. Centre for Social Justice

26. Civil Rights Council (CRC)

27. Civil Liberties Organisation Abuja

28. Civil Society Legislative Advocacy Centre (CISLAC)

29. CLEEN Foundation

30. Conscience for Human Rights and Conflict Resolution (CHRCR)

31. Corporate Accountability and Public Participation Africa (CAPPA)

32. Connecting Gender for Development

33. Connected Development (CODE)

34. Documentation in Nigeria

35. Emma Ezeazu Centre for Good Governance and Accountability

36. #FixPolitics

37. Follow The Money

38. Female Leadership Forum (FLP)

39. Girl Child Concern (GCC)

40. Global Rights

41. Good Governance Team

42. Health of Mother Earth Foundation (HOMEF)

43. Human and Environmental Development Agenda (HEDA Resource Centre)

44. Innocent Chukwuemeka Chukwuma Empowerment Foundation

45. Integrated Social Development Centre-ISODEC

46. International Press Centre (IPC)

47. Isaac and Patience Olugbuo Foundation

48. Liberty Semper Fidelis LP (LSF).

49. Koyenum Immalah Foundation

50. Media Rights Agenda

51. Mothers and Marginalized Advocacy Centre (MAMA Centre)

52. Movement for the Transformation of Nigeria MOTiON

53. Motherhen Development Foundation

54. National Association of Democratic Lawyers (NADL)

55. Nigeria Networks of NGO’s

56. Organization for Community Civic Engagement (OCCEN)

57. Partners West Africa Nigeria

58. Partnership for Justice

59. Peering Advocacy and Advancement Center in Africa (PAACA)

60. Procurement Observation and Advocacy Initiative PRADIN

61. PRAWA International

62. Policy Alert

63. Project Alert on Violence Against Women

64. Public and Private Development Centre – PPDC

65. Procurement Observation and Advocacy Initiative

66. Public Interest Lawyers League (PILL)

67. Resource Centre for Human Rights and Civic Education (CHRICED)

68. Resource Justice Network (RJN) Nigeria

69. RULAAC - Rule of Law and Accountability Advocacy Centre

70. Say NO Campaign – Nigeria

71. Social Development Integrated Centre (Social Action)

72. Socio-Economic Rights and Accountability Project (SERAP)

73. Socio-Economic Research and Development Centre (SERDEC)

74. State of the Union (SOTU)

75. Speak Out Africa Initiative (SOAI)

76. Splendors of Dawn Poetry Foundation

77. Speak Out Africa Initiative (SOAI)

78. Space for Change (S4C)

79. Tax Justice and Governance Platform

80. Transition Monitoring Group (TMG)

81. The Statecraft Reports (TSR)

82. West Africa Democracy Solidarity Network (WADEMOS)

83. WACSI NODE Nigeria

84. Women in Media Communication Initiative (WIM)

85. Women Advocate Research & Documentation Centre (WARDC)

86. Women in Extractives

87. Women in Nigeria

88. Wole Soyinka Centre for Investigative Journalism (WSCIJ)

89. Yiaga Africa

90. Zero Corruption Coalition (ZCC)

Auwal Ibrahim Musa (Rafsanjani)

Executive Director
Civil Society Legislative Advocacy Centre (CISLAC/TI NIGERIA)
Nigeria Chapter of Transparency International

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