Human Rights Watch reported Monday that the Foreign Aids (Regulation, Transparency and Disclosure) Bill (FA Bill) proposed by Nigerian Senator Ibrahim Dankwambo would allow the government to unduly regulate and influence the goals and activities of independent organizations, threatening freedom of expression rights in the country.

The Bill aims to “promote alignment of foreign aid with national development priorities” and “enhance public access to information on foreign aid,” among other objectives. Under the FA Bill, a Foreign Aid Regulatory Commission (FARC) would maintain a database of all foreign aid received in Nigeria and evaluate and oversee its utilization to ensure that it complies with the act, which declares that “all foreign aid-funded projects shall align with Nigeria’s national development plans and priorities.”

Recipients of foreign aid would be required to register with the FARC and disclose the source, details, and purpose of foreign aid. This information would then be made publicly available via a National Foreign Aid Registry. Penalties for lack of compliance may include fines, imprisonment, or suspension/revocation of business operating licenses.

The FA Bill is currently in front of the Senate Committee on National Planning and Economic Affairs. During this stage, the committee may invite expert testimony and propose amendments, after which a report will be submitted to the whole chamber. It will then undergo a Third Reading, which comprises a member vote on the final version of the bill. If passed via a simple majority, it will be presented to the House of Representatives.

Although the FA Bill purports to “ensure transparency and accountability in the receipt and utilization of foreign aid” and “prevent misuse, diversion, or duplication of foreign-funded projects,” critics such as Legis360 and the West Africa Civil Society Institute (WACSI) see it as a guise for exerting unnecessary control and censorship. The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) wrote a joint letter condemning the Bill and threatening to challenge it with legal action. SERAP has argued that the bill is an unnecessary and duplicative measure because it creates a brand-new agency with inspection, audit, and sanction powers that heavily overlap with the existing powers of Nigerian regulatory bodies.

According to these organizations, the Bill could have unforeseen implications for the civic space in the country and could severely undermine independent journalism at the grassroots level, given the heavy reliance on foreign grants by civil society organizations to support their advocacy, monitoring, and public interest reporting efforts. In light of the fact that the Bill directly contravenes Article 22 of the International Covenant on Civil and Political Rights (ICCPR) which provides the right to freedom of association, and Article 19 of ICCPR which guarantees the right to freedom of expression and information, the organizations have urged the National Assembly to immediately withdraw the FA Bill. 

The National Assembly previously considered and rejected similar bills in 2016 and 2020. Currently, Nigeria already has laws in place that manage certain entities registration of receipt and use of foreign aid. In view of these existing regulations, independent organizations in Nigeria are openly condemning the Bill while calling for a “future regulatory framework protects, rather than endangers, those who defend human rights in Nigeria.”