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SERAP Urges Tinubu to Probe ₦26.9bn USPF Alleged Fund Mismanagement

Oluwatomisin Tolulope AlabiBy No Comments2 Mins Read
### **SERAP Heads to Appeal Court Over ₦100m Defamation Judgment in DSS Officials’ Case** The Socio-Economic Rights and Accountability Project (SERAP) has challenged the ₦100 million defamation judgment entered against it by the High Court of the Federal Capital Territory (FCT), Abuja. The ruling, delivered on May 5, 2026 by Justice Yusuf Halilu, was in favour of two Department of State Services (DSS) officials, Sarah John and Gabriel Ogundele, who claimed they were defamed. SERAP confirmed in a statement by its Deputy Director, Kolawole Oluwadare, that it has filed a notice of appeal and also applied for a stay of execution of the judgment pending the outcome of the appeal. The appeal was filed by senior advocate Tayo Oyetibo, SAN. The trial court had awarded ₦100 million in damages against SERAP, alongside orders for public apologies, ₦1 million in costs, and a 10 per cent annual post-judgment interest until full payment is made. Dissatisfied with the ruling, SERAP described it as “a travesty and miscarriage of justice,” insisting that the decision was flawed in law and procedure. In its grounds of appeal, the organisation argued that the court relied on defective evidence, including a witness statement it claimed was not properly sworn before a Commissioner for Oaths. SERAP further contended that the court wrongly held that the alleged defamatory words referred personally to the DSS officials, arguing that the proper legal standard for identification in defamation cases was not applied. It cited Supreme Court authorities, including *Ologe v. New Africa Holdings Ltd* and *Abalaka v. Akinsete*, stating that defamation must be assessed based on whether reasonable members of the public would identify the claimant, not internal institutional perception. The organisation also faulted the court for relying on subjective interpretations from DSS personnel rather than an objective legal test. SERAP maintained that the court failed to properly consider its defences of justification, fair comment, and qualified privilege, insisting that its publications were truthful and made in the public interest. It further argued that the DSS officials failed to establish any actual reputational damage, financial loss, or measurable harm resulting from the statements. According to SERAP, the claim was also not maintainable because the DSS is a large institution and the alleged statements did not specifically or uniquely identify the claimants. It therefore challenged both the standing of the plaintiffs and the jurisdiction of the court. The group has asked the Court of Appeal to set aside the entire judgment and dismiss the case for lacking merit. Meanwhile, in its application for a stay of execution, SERAP warned that enforcing the ruling would disrupt its operations and hinder ongoing human rights and accountability work across the country. It argued that thousands of Nigerians who rely on its advocacy, legal support, and investigations would be affected if its operations were halted. SERAP also maintained that immediate enforcement would undermine its constitutional right of appeal and limit its ability to properly pursue the case at the appellate court. The organisation insisted that the balance of convenience favours granting a stay, reiterating its commitment to continue the legal process in line with the rule of law while defending civic space and public interest advocacy in Nigeria.

The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Ahmed Tinubu to immediately direct the Minister of Communications, Innovation and Digital Economy, Dr. Bosun Tijani, and the Secretary of the Universal Service Provision Fund (USPF), Yomi Arowosafe, to account for and explain the alleged missing or mismanaged ₦26.9 billion in public funds.

SERAP’s demand is based on findings contained in the Auditor-General of the Federation’s 2022 audit report, published on September 9, 2025, which raised multiple concerns about financial irregularities within the Universal Service Provision Fund under the supervision of the Nigerian Communications Commission.

In a letter dated May 9, 2026, signed by its Deputy Director, Kolawole Oluwadare, SERAP said the alleged infractions involve questionable spending, lack of documentation, and possible diversion of public funds meant to expand telecommunications access in underserved communities.

According to the audit report cited by SERAP, the USPF allegedly failed to remit over ₦13.8 billion representing operating surpluses between 2016 and 2019. The Auditor-General also raised concerns that the funds may have been diverted.

Other flagged issues include:

  • Over ₦11.7 million spent on foreign trainings during COVID-19 lockdowns without supporting documents
  • Contracts worth more than ₦2.8 billion awarded without proper approvals or procurement records
  • ₦8 million allegedly paid to a non-existent fund manager
  • Over ₦6.4 billion spent on connectivity projects not included in the approved budget
  • Additional unaccounted expenditures running into billions between 2020 and 2021
  • Failure to remit taxes, stamp duties, and other statutory deductions amounting to hundreds of millions of naira

SERAP warned that the alleged mismanagement has serious implications for Nigeria’s digital inclusion efforts, especially for rural and underserved communities that rely on USPF-funded infrastructure.

The group stressed that poor access to telecommunications infrastructure directly undermines citizens’ rights to information, education, economic opportunities, and civic participation in an increasingly digital economy.

It further argued that accountability in the management of USPF funds is not only a matter of financial transparency but also a constitutional obligation under Nigeria’s 1999 Constitution, as well as international anti-corruption conventions.

SERAP gave the Federal Government a seven-day ultimatum to act on its request, warning that failure to do so may lead to legal action against the government, the USPF, and the Nigerian Communications Commission.

President Bola Ahmed Tinubu has yet to officially respond to the demand as of the time of filing this report.

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