Regulate to Enable

[John Onyeukwu]

Regulate to Enable

Why Nigeria Needs a Smarter Framework for Civil Society

(Published in my Policy & Reform Column of Business am Newspaper of Monday August 4, 2025)

 John Onyeukwu

There is a dangerous binary in our national discourse: regulate or not regulate; control or chaos. When it comes to civil society in Nigeria, this framing is both false and counterproductive. Civil Society Organizations (CSOs) are not a threat to national security. They are a pillar of our democratic resilience. They serve as conscience, catalyst, and connector, between government and citizens, policy and practice, accountability and impact.

Yet, the relationship between the state and CSOs remains fraught with suspicion. Periodically, legislative efforts, such as the infamous NGO Regulation Bill, resurface with sweeping proposals that would place CSOs under excessive state control. While the sector is not above reproach, the solution is not coercion. What Nigeria needs is a co-designed accountability framework, one that preserves freedoms, promotes internal integrity, and positions CSOs as credible partners in nation-building.

It is understandable that many within civil society remain wary of the state’s intentions, years of overreach, opaque policymaking, and attempts to legislate control rather than enable accountability have bred deep mistrust. However, rejecting all engagement with the state, risks ceding the regulatory space entirely to interests, that may not share civil society’s values. The reality is that the state will continue to play a role in defining the legal architecture within which CSOs operate, whether by action or omission. Rather than disengage, CSO practitioners must lead the process of shaping that role, ensuring that regulation is not imposed but co-created. Co-design is not surrender, it is strategy. It acknowledges the state’s constitutional responsibility to protect public interest, while asserting the sector’s right to autonomy, voice, and agency. A self-regulation framework recognised by law but governed by the sector offers the best path forward: one that anchors legitimacy, safeguards civic space, and institutionalizes accountability on civil societies’ own terms.

We begin with a philosophical premise: freedom of association is not a privilege granted by the state, it is a constitutional and moral right. Section 40 of the 1999 Constitution guarantees this. The role of regulation, therefore, should not be to constrain this freedom, but to enable its responsible expression.

Civil society’s greatest value lies in its ability to speak truth to power, to advocate for those who cannot, and to offer alternative perspectives. Any regulatory regime that makes this advocacy contingent on government approval fundamentally undermines democracy and must be resisted.

The political temptation to control CSOs often stems from a fear of dissent. This fear is misplaced. Strong civil societies do not weaken states; they strengthen them. They bring legitimacy to reforms, expose waste and corruption, and bridge the credibility gap between government and citizens.

But collaboration requires trust, and trust is built through structure. A regulatory framework must be co-created, not imposed. It must include representatives from CSO platforms, donor agencies, public regulators (like CAC, FIRS), and legislators. Co-regulation, not unilateral state oversight, is the appropriate governance model in a plural society.

From an economic standpoint, CSOs contribute significantly to public service delivery in areas such as health, education, gender advocacy, humanitarian response, and climate resilience. Their financial footprints, particularly from donor funded interventions, warrant recognition and appreciation. Ensuring transparency should therefore be proportionate, risk-informed, and designed to support, not hinder, their vital work.

The current system is fragmented. Registration under the Companies and Allied Matters Act is often misunderstood. Taxation rules are inconsistently applied. Annual returns are filed without harmonized standards. Meanwhile, local CSOs face capacity constraints, while larger ones face increasing donor compliance burdens.

A credible solution lies in establishing a sector-led National Council for Civil Society Organizations (NCCSO), empowered to set standards, monitor ethical conduct, publish an annual integrity index, and accredit CSOs. The government, through an Act of the National Assembly, can recognize this body without undermining its independence.

This model is already at work elsewhere: Kenya’s NGO Coordination Board, Ghana’s NPO registry under the Registrar General, and South Africa’s NPO Directorate provide useful examples.

To operationalize this vision, Nigeria must:

Convene Inclusive Consultations: Initiate a structured national dialogue involving civil society organizations, regulatory agencies (such as CAC, FIRS, and SCUML), development partners, and citizens. These consultations should be regionally representative, inclusive of grassroots and thematic CSOs, and focused on building consensus around what accountability should look like, without undermining autonomy.

Establish a Sector Governed Self-Regulatory Body: This body owned and led by CSOs, should be mandated to enforce a shared code of ethics, develop a standard reporting framework, adjudicate complaints, and manage a voluntary accreditation system. Its governance structure must reflect Nigeria’s diversity and be built on democratic representation.

Enact a Smart, Enabling Legal Framework: The National Assembly should enact legislation that codifies the rights and responsibilities of CSOs, protects against political interference, and formally recognizes sector developed self-regulatory mechanisms as legitimate accountability tools.

Promote Digital Transparency: Leverage technology to establish a central, open-access portal where registered CSOs upload audited financial statements, impact reports, governance disclosures, and conflict-of-interest policies. This promotes public trust and reduces duplicative oversight.

Incentivize Compliance: Establish a mix of non-monetary and financial incentives to encourage active participation in the self-regulation framework. These could include public recognition, simplified regulatory processes, eligibility for tax reliefs, and preferential access to government impact funds. Additionally, a dedicated CSO Fund, jointly managed by the sector, could be established to support operational needs of compliant organizations, particularly grassroots and community based groups. Such incentives would reward transparency, foster trust, and promote sector wide accountability.

We must legislate not from fear, but from vision. We must regulate not just to protect today, but to enable tomorrow. We must lead not by default, but by design. A reactive state suffocates innovation; a visionary state unlocks it. The future of civil society in Nigeria is not about subordination to the state, it is about co-creating a social compact that balances freedom with responsibility. This is not idealism. It is sound public policy rooted in constitutional democracy, economic inclusion, and social equity.

When we co-design accountability frameworks, we are not surrendering the state’s regulatory mandate; we are enriching it with legitimacy, ownership, and functionality. Both government and civil society carry legitimate concerns, regulators often fear misuse of civic platforms or foreign interference, while CSOs worry about state overreach and political targeting. Yet, regulation built through consultation is more likely to secure compliance, just as trust built through transparency is more likely to deliver results. This new compact must acknowledge these fears while building common ground. Civil society is not a threat to be contained, and government is not inherently adversarial, each has a role in strengthening democracy and delivering public value. CSOs are frontline responders in health crises, advocates for justice, providers of education, and champions of the voiceless. Shrinking their space is not just counterproductive, it undermines our collective capacity to build a better Nigeria.

In co-designing accountability, we do not merely protect civic space, we deepen democracy, amplify citizen agency, strengthen institutional trust, and build a Nigeria that works, not just for the powerful, but for all.

John Onyeukwu
http://www.policy.hu/onyeukwu/

 http://about.me/onyeukwu
“Let us move forward to fight poverty, to establish equity, and assure peace for the next generation.”
-- James D. Wolfensohn
This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail, and delete or destroy the message. Thank you.

[Cornelius Hamelberg]

If wishes were horses, beggars would ride : 

The recurrent theme “Regulate to Enable Why Nigeria Needs a Smarter Framework for Civil Society” has been on the critics’ menu for about a decade, perhaps even longer, and John Onyeukwu’s succinct updating of the theme, just like its predecessors, in attempting to go beyond the merely palliative also reads like a tall prescriptive order calling for what’s viewed as long outstanding, necessary reforms in the sectors under its purview. Taking the bitter medicine isn’t always easy, as the country eases or lurches through the economic and social rites of passage known as “birth pangs”.

“Ah, but a man's reach should exceed his grasp, 

Or what's a heaven for?”

ah but a man's reach should exceed his grasp meaning

 If all the recommendations for the transformation could be implemented to a tee, overnight , the nation would be well on its way to total recovery and on the day after would be surging ahead, as never before….

Meanwhile, in the US, Trump’s war on the remaining vestiges of woke-ism continues with renewed  vigour -the big beautiful bill has been passed, of greater relevance, Trump has cancelled USAID and should some of the major Western donors follow suit, the age of self-reliance and real independence from handouts will soon dawn on Modern Africa ….

“Rome wasn’t built in a day” they tell us. Consider: With some necessary, sometimes painful sacrifice, China went through decades of mono in order to arrive at stereo. Necessity being the mother of invention, hopefully, there are and will be overviews by the experts among Nigeria's policy makers, in tune with President Tinubu’s government of national competence

It’s not only in Nigeria - there have been similar complaints from many other countries the past 25 years or so - and let me hasten to add that this area of discourse is not my forte  or a special interest -indeed, “ poetry is not policy” and  I know next to nothing about this matter but in a private communication, ages ago Tunde Zack-Williams ( not a “secret source”) intimidated me that one of the main critiques of NGOs in Africa is that foreign-funded NGOs are legally/ illegally taking over some of the functions of government, in some cases are locally displacing / entirely usurping government functions to the extent of acting as a government within a government, as independent governments, within democratically elected governments - and in all these cases there’s the crying need for such NGOs to be regulated by the people's democratically elected government, the sole authority in e.g. Nigeria. ( By the way Zack-Williams has also been active here)

With reference to “Periodically, legislative efforts, such as the infamous NGO Regulation Bill, resurface with sweeping proposals that would place CSOs under excessive state control,” once upon a time in Nigeria there was The NGO Regulation Bill - and with the same purpose in mind, subsequent bills will have to determine in the best national interest not “excessive state control” but  how to implement and maintain a judicious balance between state supervision and giving a free rein to the sometimes wannabe freewheeling, totally autonomous  CSOs and NGOs  

Outside the scriptures, never have I read a piece that is as moralising as this, however, two CSO’s that regularly surface in this series may be regarded as part of the national “conscience” awakening, namely Auwal Musa ( Rafsanjani) and Jibrin Ibrahim and the organisations they represent…

[Cornelius Hamelberg]

Correction : intimated , not  "intimidated" me

[John Onyeukwu]

Chief: Warm greetings from Lomé.

Thank you for this thoughtful and layered reflection. I read it with the sense that one rarely receives such a blend of wit, historical perspective, and generational insight in response to a policy piece. You’ve captured the paradoxes at the heart of our reform debates,  where reach often exceeds grasp, yet we remain hopeful enough to write, provoke, and push.

Indeed, this work builds on the deep, unwavering commitments of stalwarts like Jibrin Ibrahim and Auwal Musa Rafsanjani,  men of uncommon clarity and courage who have kept Nigeria’s civic conscience alive in seasons when silence might have been easier. Their names are rightly etched in any serious conversation on civic space and governance in Nigeria.

We may not have heaven on earth, but we must keep reaching.

Gratefully,

John

John Onyeukwu
http://www.policy.hu/onyeukwu/

 http://about.me/onyeukwu
“Let us move forward to fight poverty, to establish equity, and assure peace for the next generation.”
-- James D. Wolfensohn
This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail, and delete or destroy the message. Thank you.

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