
By
SkyDNews Investigations Desk
There is
something profoundly wrong with a government that cannot adequately account for
its own activities but repeatedly finds the time, energy and legislative
appetite to create new structures for watching citizens.
Nigeria
already has ministries, departments, agencies, commissions, security
institutions, tax authorities, financial regulators and the Corporate Affairs
Commission.
There are laws
against money laundering.
There are laws
against terrorist financing.
There are laws
governing companies and incorporated trustees.
There are tax
laws.
There are
financial reporting requirements.
There are
banking regulations.
There are
anti-fraud institutions.
There are
donor compliance requirements.
There are
courts.
And there is
already the Corporate Affairs Commission, whose statutory mandate includes
registering and regulating companies, business names and incorporated trustees
and maintaining records of them.
Nigeria also
has the Special Control Unit Against Money Laundering, SCUML, operating under
the EFCC framework, with specific registration and compliance requirements for
at-risk non-profit organisations, including humanitarian and charitable
organisations, religious or faith-based organisations and associations.
The Nigeria
Revenue Service now operates a national tax-identification framework for
registered organisations and other regulated entities.
So
one question ought to be ringing loudly in the National Assembly:
What
exactly is missing?
Why
does Nigeria need another federal agency whose proposed mandate would enable it
to maintain detailed records of NGOs, coordinate their activities, issue policy
guidelines, receive and approve their reports, supervise them, register their
projects and become involved in the funding and implementation of those
projects?
That
is not a small administrative question.
It
is a question about how much control a government should have over citizens
who voluntarily organise themselves to serve other citizens.
And
the National Assembly should answer it before proceeding any further with the
proposed Non-Governmental and Civil Society Organisations Agency
(Establishment) Bill, 2025 - HB 3019, sponsored by Hon. Sada Soli.
Soli
is not an obscure figure in the National Assembly. Also referred to in some
records as Sada Soli Jibiya, he is a member of the House of
Representatives representing the Jibia/Kaita Federal Constituency of Katsina
State on the platform of the All Progressives Congress (APC). Born
on 13 March 1962, he is the Chairman of the House Committee on Water
Resources.
That
position makes the questions surrounding HB 3019 even more pertinent.
What
specific failure in Nigeria's existing regulatory system has compelled the
sponsor to propose another federal agency for the NGO and civil-society sector?
What
is it that the Corporate Affairs Commission (CAC), SCUML, tax authorities,
the Nigeria Financial Intelligence Unit, EFCC and other existing regulatory
institutions are currently unable to accomplish?
Why
should organisations already incorporated and operating under existing laws
have to submit themselves to another layer of registration, project approval,
reporting, monitoring and possible suspension?
And
perhaps most importantly, what consultations did the sponsor and the
National Assembly undertake with the very civil-society organisations that
would be subjected to this proposed regulatory architecture?
These
are not questions of hostility towards Hon. Sada Soli.
They
are questions of legislative accountability.
A
law that seeks to regulate an entire sector of independent citizens deserves to
be examined not only by the lawmakers proposing it, but also by the people
whose freedoms, resources and activities it seeks to regulate.
The
National Assembly should therefore tell Nigerians plainly: What problem does
HB 3019 solve that existing laws and regulatory institutions cannot solve?
This is not merely an NGO register
Anyone
attempting to defend this bill by saying, "It is only about registering
NGOs," should first read the bill.
The bill
proposes an actual Non-Governmental and Civil Society Organisations Agency.
Its Board
would be chaired by a representative of the Ministry of Interior.
Other
government representatives would come from Foreign Affairs, Finance, Justice,
Labour and the Office of the National Security Adviser.
Only five
members would come from NGOs and civil-society organisations.
The proposed
Agency would be empowered to:
- facilitate and coordinate the
work of national and international NGOs;
- maintain a register of NGOs
operating in Nigeria;
- record their sectors, affiliations
and locations of activities;
- advise government on NGO
activities;
- review their reports;
- issue policy guidelines for
harmonising NGO activities with the National Development Plan;
- receive, discuss and approve
regular reports; and
- perform other functions
considered necessary by its Board.
That is not a
passive registry.
That is a supervisory
bureaucracy.
The bill even
requires the Agency to establish and maintain a documentation centre on NGOs
and their activities in Nigeria.
The proposed
Executive Secretary would be appointed by the President and would have a status
not below that of a Permanent Secretary.
So Nigerians
should ask plainly:
Why does Abuja need a documentation centre containing
detailed information about what independent civil-society organisations are
doing across the country?
Who needs this
information?
For what
purpose?
Who will have
access to it?
What
safeguards exist?
And what
prevents such information from being used against organisations whose advocacy,
research, journalism, human-rights work or community mobilisation becomes
politically inconvenient?
The bill does
not merely want to know that NGOs exist.
It
wants to know where they operate, what they do, who they are affiliated with,
what they report and how their projects are conducted.
That is a very
different proposition.
The bill makes registration a
condition for operating
Clause 23
provides that a certificate of registration is conclusive evidence of an
organisation's authority to operate.
More
disturbing is Clause 23(4).
It states that
an organisation that is not registered under the proposed law cannot operate
in Nigeria or benefit from government facilities available to registered
organisations, except that the Minister may make concessions in special
emergency circumstances on the advice of the Agency.
Read that
again.
A citizen-led
organisation formed to provide education, health relief, agriculture, welfare
or other development assistance would not simply be recognised by government.
It would be
required to obtain the government's regulatory certificate to operate.
And failure to
comply is not treated as a minor paperwork problem.
Clause 34
makes operating an NGO in areas including welfare, health relief, agriculture,
education and supply of amenities without registration and certification an
offence punishable by a fine of up to ₦500,000, imprisonment for up to 24
months, or both.
A person
convicted under the proposed law can also be disqualified from holding office
in an NGO for 10 years.
This is not
"coordination."
It is a licensing
regime.
Abuja wants to know the money - and
the project behind it
This is where
the argument becomes even more serious.
Clause 35
deals directly with project formulation and implementation.
An
organisation whose activities are aimed at improving the economic, social and
cultural welfare of a target group is required to:
"fully
consult and seek the approval of the Ministry" related to its activities in line
with government development objectives.
The
organisation must also disclose the donor's pledge before implementation,
including:
- the mode of disbursement;
- conditions attached to the
funds; and
- where money comes directly from
donors or through an overseas office, the transfer must pass through the
normal banking system.
Then comes
Clause 36.
It is
devastatingly clear.
A
project formulated by an organisation for implementation in the country shall
be approved by the relevant Ministries and registered with the Agency before
implementation.
That is the
language of the bill itself.
So when
Nigerians say the bill gives government an approval role over NGO-funded
activities, that is not a conspiracy theory.
It
is written into the proposed legislation.
The argument
should therefore not be reduced to whether the bill literally says, "You
must obtain Abuja's permission before holding a fundraising dinner."
That is not
the real issue.
The real issue
is much larger:
An
NGO may raise or receive resources for a project, but the project cannot be
implemented under the bill's framework until the relevant Ministry approves it
and the proposed Agency registers it.
And the bill
demands extensive information about the money behind that project.
In an emergency, you still ask
permission for the waiver
The drafters
appear to have anticipated criticism over emergencies.
So Clause
36(2) provides that, in an emergency, project registration before sourcing
funds may be waived on request by the organisation to the Agency.
But notice the
wording:
"may
be waived on request."
It is not an
automatic right.
The
organisation has to ask.
And if the
waiver is granted, the Agency must, within 21 days of the organisation sourcing
the funds, advise the Minister of:
- the amount of money involved;
and
- the planned utilisation of the
funds.
So even in an
emergency, the proposed architecture places the government's regulatory
machinery squarely in the funding chain.
The state
wants to know:
How
much did you raise?
What
are you going to do with it?
What
project is it for?
What
are the conditions attached to the money?
Has
the relevant Ministry approved it?
Has
the Agency registered it?
One can
reasonably ask:
At what point does regulation become control?
And Abuja wants the project budget
broken down
Clause 37
requires a project submission to state:
- the type of activity;
- category of target
participants;
- estimated number of
participants;
- duration;
- total amount required;
- the organisation's
contribution;
- community contribution;
- other donations;
- number of personnel;
- personnel costs;
- signatures of community
leaders; and
- approval by the relevant
Ministry and its recommendation to the Agency.
Why?
If a
legitimate NGO is already incorporated, maintains financial records, files its
statutory returns, satisfies tax requirements, complies with AML/CFT
requirements and is accountable to its donors, why should another federal
agency sit between that organisation and the community it intends to serve?
If an
organisation commits fraud, prosecute it.
If it launders
money, prosecute it.
If it finances
terrorism, prosecute it.
If it steals
donor funds, prosecute it.
If it
falsifies accounts, prosecute it.
If it abuses
participants, prosecute it.
But why create
an omnibus bureaucracy that can stand between legitimate organisations and
legitimate community projects?
Nigeria already has enough
regulators
This is
perhaps the biggest question the National Assembly has failed to answer
convincingly.
Nigeria's
nonprofit sector is not operating in a regulatory vacuum.
The CAC
already registers incorporated trustees and maintains records on them. The
Commission itself says its mandate includes incorporation, regulation,
supervision and maintaining corporate records.
SCUML already
has specific requirements for non-profit organisations considered at risk,
including humanitarian/charitable organisations, religious or faith-based
organisations and associations.
The AML/CFT
framework is already extensive. SCUML lists the Money Laundering (Prevention
and Prohibition) Act 2022, Terrorism (Prevention and Prohibition) Act 2022 and
other regulations among the instruments governing its work.
The tax system
has its own registration and compliance mechanisms.
Banks monitor
transactions.
Donors audit
projects.
International
development partners impose their own financial, safeguarding and reporting
requirements.
And where
criminal conduct is suspected, the EFCC, police and other competent authorities
already have powers under existing laws.
There is
therefore no credible basis for pretending that Nigeria's NGO sector exists
outside the law.
It does not.
It is already
regulated.
The question
is whether it is being regulated enough - or whether government simply wants
another lever of control.
Even Nigeria's civil society sector
has documented this regulatory maze
A
regulatory-framework study by the Nigeria Network of NGOs documented the
multiple layers of legal and administrative obligations affecting civil-society
organisations.
The study
identified, among other things, CAC requirements, tax administration and
National Planning Commission-related arrangements for international NGOs and
charitable imports.
That means the
problem is not a lawless NGO sector wandering around Nigeria with nobody
knowing who it is.
The problem is
almost the opposite.
There are
already multiple points at which the state can identify, monitor, tax, inspect,
investigate or obtain information about nonprofit organisations.
So what
exactly is the proposed Agency bringing to the table?
Another
register?
Another
certificate?
Another
reporting requirement?
Another
approval process?
Another
agency budget?
Another
board?
Another
Executive Secretary at Permanent Secretary level?
Another
bureaucracy that NGOs must satisfy before they can operate?
Nigeria's
public sector is already notorious for institutional duplication.
The NGO sector
does not need another regulatory layer simply because government has the
legislative power to create one.
The bill's Board tells its own story
Look carefully
at the proposed Board.
The Ministry
of Interior.
Foreign
Affairs.
Finance.
Justice.
Labour.
National
Security Adviser.
Then five
representatives of NGOs/CSOs.
That is six
government/security interests against five civil-society representatives.
And the Board
is given power to manage and superintend over the affairs of NGOs and
civil-society organisations.
This is where
the title of the proposed law begins to look misleading.
An
organisation called Non-Governmental is being placed under a statutory
body whose governing structure is predominantly governmental.
That deserves
an answer from the bill's sponsors.
How does a non-governmental sector remain genuinely non-governmental
when government controls the principal regulatory architecture governing its
operations?
The President would appoint the
Executive Secretary
The bill
provides that the Executive Secretary of the proposed Agency would be appointed
by the President and would have a status not below that of a Permanent
Secretary.
Again,
Nigerians should ask:
If the purpose
is merely transparency and accountability, why does the regulator require such
a powerful federal bureaucratic structure?
Why should the
President appoint the head of an agency overseeing organisations whose
constitutional role includes holding government accountable?
This is not an
insignificant concern.
A healthy
democracy needs civil society that can question government.
It needs
organisations that can expose corruption.
It needs
advocacy groups that can challenge bad laws.
It needs
humanitarian organisations that can tell government when communities are
suffering.
It needs
churches, mosques, charities, professional bodies and community associations
that can organise independently.
It needs
journalists who can investigate.
It needs
citizens who can assemble without first asking government whether their cause
is sufficiently aligned with a government development plan.
A regulator
should therefore not become a mechanism for making independent organisations
dependent on government approval.
"Harmonising" NGOs with
the government's development plan?
Clause 8
empowers the proposed Agency to provide policy guidelines to NGOs for "harmonizing
their activities with the National Development plan for Nigeria."
This phrase
should worry anyone who understands the meaning of civil society.
An NGO does
not exist to become a delivery arm of government policy.
It can
collaborate with government.
It can support
government programmes.
It can
complement government.
It can receive
public funds.
But it can
also disagree with government.
It can expose
the failure of government programmes.
It can
campaign for a different policy.
It can
investigate issues the government would rather ignore.
It can
mobilise communities against harmful government decisions.
That is
precisely why it is called civil society.
If every NGO
must "harmonise" its activities with government development plans,
what happens to the organisation whose legitimate mission is to expose the
failure of those plans?
What happens
to an organisation campaigning against environmental destruction by a
government-approved project?
What happens
to a human-rights organisation documenting abuses by security agencies?
What happens
to an advocacy organisation campaigning against a government policy?
What happens
when an NGO's research contradicts the government's preferred narrative?
Does the
Agency approve its report?
Does the
Ministry approve its project?
Does the Board
approve its activities?
That is where
this bill becomes dangerous.
And then there is the religious
question
The bill does
contain an exclusion.
Clause 32(2)
says its provisions do not apply to, among others, religious worship centres.
That fact must
be acknowledged.
But the bill
then creates a separate section dealing with faith-based NGOs.
And that
section is revealing.
Faith-based
NGOs registered under the Agency may be exempted from certain regulatory
requirements where they demonstrate that a requirement conflicts with their
religious beliefs, values or principles.
But they must
provide evidence of their continuing religious mission and positive social
impact through regular reporting to the Agency.
The Agency is
also to establish a committee to oversee and monitor compliance with those
exemptions.
So even the
proposed "exemption" comes with government oversight.
The state
effectively says:
We
recognise your religious freedom - but we will establish a committee to monitor
your exemption.
That is
precisely the kind of arrangement Nigerians should scrutinise.
The recent
Court of Appeal judgment on CAMA could not have arrived at a more significant
time.
Court of Appeal has already drawn
the constitutional line
On 17
September 2026, the Abuja Division of the Court of Appeal delivered a judgment
in Corporate Affairs Commission v. Emmanuel Ekpenyong.
The court
affirmed the nullification of Sections 839 and 842–848 of CAMA 2020.
Those
provisions had given the CAC extensive powers over incorporated trustees,
including powers that could affect the leadership and administration of
associations.
The Court of
Appeal held that the provisions infringed constitutional protections relating
to freedom of thought, conscience and religion, freedom of association and
peaceful assembly under Sections 38 and 40 of the Constitution.
The court also
rejected the argument that the restrictions were reasonably justifiable under
Section 45(1).
That is a very
important warning.
The court did
not say government cannot regulate associations.
It said
government cannot exercise regulatory power in a way that crosses
constitutional boundaries.
And the court
specifically upheld the lower court's position that voluntary associations have
autonomy in managing their internal affairs, subject to the law and their own
governing instruments.
That principle
should now be sitting on the desk of every lawmaker examining HB 3019.
Parliament should not create another
CAMA problem
The irony is
difficult to miss.
The National
Assembly enacted CAMA 2020.
Its regulatory
provisions were challenged.
The Federal
High Court struck down the offending provisions.
The CAC
appealed.
And now the
Court of Appeal has substantially upheld the constitutional challenge.
The lesson
should be obvious:
Do
not write excessive government powers into legislation and wait for the courts
to remove them later.
Legislators
should learn from the judgment.
They should
examine HB 3019 against Sections 38 and 40 of the Constitution.
They should
ask whether the proposed Agency's powers are necessary.
They should
ask whether they are proportionate.
They should
ask whether existing regulators already provide the required safeguards.
They should
ask whether the project approval regime could interfere with freedom of
association.
And they
should ask whether making the continuation of an NGO dependent on a
government-issued certificate is compatible with a democratic civil society.
There is also a disturbing question
of political neutrality
Imagine an NGO
that investigates corruption in a federal ministry.
Imagine
another that documents human-rights abuses by a security agency.
Imagine one
campaigning against the government's handling of insecurity.
Imagine a
civil-society organisation challenging a controversial infrastructure project.
Imagine an
advocacy organisation exposing procurement irregularities.
Imagine a
humanitarian organisation publicly criticising government for failing displaced
persons.
Now imagine
all of them being required to maintain registration under an agency whose Board
includes the Ministry of Interior, Ministry of Justice, Ministry of Finance and
the National Security Adviser.
Then imagine
that the Agency can suspend or cancel the organisation's certificate where it
considers the statutory conditions breached or receives a recommendation from
the Office of the National Security Adviser.
That is not an
accusation that the government will abuse the power.
It is an
argument that democratic law should not create the opportunity for such
abuse without sufficiently strong safeguards.
And HB 3019
deserves scrutiny precisely for that reason.
Suspension can come through the NSA
Clause 28 is
particularly troubling.
The Agency may
cancel or suspend an NGO's certificate where:
- the organisation violates the
conditions attached to its certificate;
- it breaches the proposed Act;
or
- the Board receives a
recommendation from the National Security Adviser.
The suspension
or cancellation takes effect within 14 days of notice.
An
organisation may appeal to the Minister.
But the bill
states that the Minister's decision on the appeal is final.
There is the
problem.
The
organisation is being regulated by an Agency.
The Agency can
act on an NSA recommendation.
The
organisation appeals to a Minister.
And the
Minister's decision is declared final in the bill.
Where, in this
structure, is the independent judicial safeguard?
Why should the
final word belong to a political office-holder rather than an independent
court?
That question
becomes even more significant in light of the Court of Appeal's warning against
administrative bodies usurping judicial functions under CAMA.
Government should fix government
before fixing NGOs
This is where
the National Assembly needs to look in the mirror.
Nigeria has
ministries and agencies that have failed to publish adequate records.
Government
projects are abandoned.
Public
procurement is repeatedly questioned.
Auditor-General
reports continue to raise concerns.
Budget
implementation remains a perennial subject of controversy.
Public
institutions owe Nigerians explanations about trillions of naira.
Yet government
wants to establish an agency whose job includes maintaining a detailed
documentation centre on NGOs and their activities.
Really?
Has government
finished documenting and accounting for its own activities?
Has Abuja
finished answering Nigerians about public expenditure before demanding
increasingly granular information from organisations that survive largely on
private donations and international grants?
Has government
solved the problem of ghost workers, abandoned projects, procurement
irregularities, corruption and poor public-service delivery?
If not, why is
the next priority another agency to watch civil society?
This is not an
argument against accountability.
It is an
argument for proportionate accountability.
Government
must be accountable.
NGOs must be
accountable.
Churches must
be accountable.
Mosques must
be accountable.
Companies must
be accountable.
But
accountability must not become a euphemism for political control.
The sponsors must answer the
duplication question
Hon. Sada Soli
and supporters of the bill should tell Nigerians plainly:
What can the proposed NGO Agency do that CAC cannot?
What can it do that SCUML cannot?
What can it do that the tax authorities cannot?
What can it do that the existing AML/CFT framework cannot?
What can it do that the police, EFCC and courts cannot?
Why must a legitimate project receive approval from a
Ministry and registration from another Agency before implementation?
Why should an independent NGO be required to align its
activities with a government development plan?
Why should the NSA have a role capable of triggering
suspension or cancellation of an NGO certificate?
Why should a Minister have the final word on an NGO's
administrative appeal?
Why does Nigeria need another expensive federal bureaucracy
to maintain records that several existing institutions already collect?
These are not
hostile questions.
They are public-interest
questions.
And lawmakers
owe Nigerians answers.
Do not confuse transparency with
government ownership
Nobody is
arguing that NGOs should become unaccountable.
In fact,
genuine NGOs should welcome scrutiny.
A responsible
NGO should maintain proper accounts.
It should know
where its money comes from.
It should know
where its money goes.
It should
conduct audits.
It should
protect participants.
It should
comply with applicable tax and financial laws.
It should
prevent fraud.
It should
guard against money laundering and terrorist financing.
It should be
transparent with donors.
It should be
transparent with communities.
But none of
that requires the government to become the owner of civil society.
A free civil
society is not a government department.
A charity is not
a ministry.
A church is
not a federal agency.
A mosque is
not a government office.
A humanitarian
organisation is not an arm of the civil service.
And an NGO
should not have to obtain political permission before carrying out every
legitimate expression of its independent mission.
The National Assembly should
withdraw or radically rewrite this bill
There is
nothing wrong with regulating the nonprofit sector.
There is
something wrong with creating a regulatory structure so broad that it can
become a tool for bureaucratic obstruction, political pressure or
administrative control.
HB 3019 should
therefore not proceed simply because its promoters have attached attractive
words such as transparency, accountability, coordination and social
development to it.
Lawmakers
should go beyond the title.
Read the
clauses.
Look at the
powers.
Look at the
approval requirements.
Look at the
funding provisions.
Look at the
sanctions.
Look at the
role of the NSA.
Look at the
presidential appointment of the Executive Secretary.
Look at the
composition of the Board.
Look at the
project approval provisions.
Look at the
religious exemption provisions.
Then ask
whether Nigeria really needs this machinery.
The choice before Nigeria
Nigeria has
two possible paths.
One is to
build a civil society that is transparent, professionally governed, financially
accountable and free to criticise government.
The other is
to build a civil society that must continually look over its shoulder at Abuja
before acting.
The first
strengthens democracy.
The second
weakens it.
The National
Assembly must decide which Nigeria it wants.
The Court of
Appeal has already delivered its warning in the CAMA case:
Government
regulatory power has constitutional limits.
The NGO Bill
should be judged against that principle before it becomes another law that
Nigerians have to drag through the courts.
Nigeria does
not need another bureaucratic gatekeeper standing between citizens and the
communities they serve.
It needs
government to do its own job better.
It needs
existing regulators to enforce the laws already on the books.
It needs
stronger transparency.
It needs
stronger financial accountability.
It needs
independent courts.
It needs a
vibrant civil society.
And above all,
it needs lawmakers who understand that an NGO is called
"non-governmental" for a reason.
The National
Assembly should therefore stop and rethink HB 3019.
Because when
government begins asking independent citizens not merely to obey the law but to
seek official approval for the projects they design, the money they mobilise
and the communities they serve, Nigerians are entitled to ask one simple
question:
Who gave Abuja ownership of civil society?
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