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SERAP Drags Minster Of Power, NBET To Court Over Failure To Account For Missing N128Billion Public Funds

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Minister of Power, Adebayo Adelabu, and the Nigerian Bulk Electricity Trading Plc. (NBET), over the alleged failure to account for ₦128 billion in public funds said to be missing or diverted from the Ministry of Power and NBET.

The allegations are contained in the latest annual report of the Auditor-General of the Federation, published on September 9, 2025. SERAP said the report raises serious concerns about financial mismanagement in the power sector, which it argues has contributed to persistent electricity failures across the country.

Nigeria experienced its first national grid collapse of 2026 last week, an incident that plunged large parts of the country into darkness and renewed public frustration over the state of the power sector. SERAP linked such recurring grid collapses to corruption and a lack of accountability in the management of public resources.

The suit, marked FHC/ABJ/CS/143/2026, was filed last Friday at the Federal High Court in Abuja. In the action, SERAP is seeking an order of mandamus compelling the Minister of Power and NBET to account for the alleged missing or diverted ₦128 billion.

According to the organisation, transparency and accountability in the use of public funds are essential to addressing Nigeria’s chronic power challenges and preventing further collapse of the national electricity grid.

SERAP is also seeking “an order of mandamus to direct and compel Mr Adelabu and NBET to disclose details of how the missing or diverted ₦128 billion was spent including the dates of disbursement and the purported beneficiaries or contractors, who received the money as well as their registered business names and addresses.”

SERAP is seeking “an order of mandamus to direct and compel Mr Adelabu and NBET to disclose the full names, official designations, and offices of all public officers who authorized, approved, or otherwise participated in the release of the missing or diverted ₦128 billion in the ministry of power and NBET.”

In the suit, SERAP is arguing that “Nigerians continue to pay the price for the widespread and grand corruption in the power sector. There is a legitimate public interest in ensuring justice and accountability for these grave allegations.”

“Granting the reliefs sought would contribute to tackling corruption in the power sector and addressing the persistent breakdown of transmission lines in the country, as well as improving access of Nigerians to regular and uninterrupted electricity supply,” he said.

SERAP is arguing that “granting the reliefs sought would also strike a blow against the impunity of those responsible for the missing or diverted public money meant to provide Nigerians with access to regular and uninterrupted electricity supply.”

“Ordinary Nigerians continue to pay the price for corruption in the electricity sector–staying in darkness, but still made to pay crazy electricity bills,” SERAP said.

The lawsuit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Kehinde Oyewumi, and Andrew Nwankwo, read in part: “These grim allegations by the Auditor-General suggest a grave violation of the public trust, the Nigerian Constitution 1999 [as amended] and international anticorruption standards.

“According to the recently published 2022 audited report by the Auditor-General of the Federation, the Federal Ministry of Power failed to account for over N4.4 billion [N4,404,647,938.53] ‘transferred to Mambilla, Zungeru and Kashimbilla project accounts by the Ministry.’

“There was ‘no evidence of how the funds were expended.’ The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered and remitted to the treasury.

“The Ministry also paid over N95 billion [N95,415,183,701.83] to ‘some contractors for various projects.’ But ‘there was no document on the payments, and no evidence that the projects existed and were executed.’ The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered.

“The Ministry paid over N33 million [N33,557,959.00] ‘for foreign travels’, but ‘without any approvals.’ The money ‘was paid as estacode, flight tickets, visa fees and other allowances to enable the minister and his aides to attend the World Utilities Congress at Abu Dhabi and Huawei innovation land exhibition in Dubai.

“The travels ‘were never approved by the Secretary to the Government of the Federation or the Head of Civil Service.’ The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered and remitted to the treasury.”

The lawsuit outlines multiple instances of alleged financial irregularities involving the Ministry of Power and the Nigerian Bulk Electricity Trading Plc. (NBET), as detailed in the Auditor-General’s report.

According to the suit, the Ministry of Power failed to account for more than ₦230 million spent on the GIGMIS platform, as well as over ₦282 million paid as non-personal advances to staff for procurement of goods and services. The payments reportedly exceeded statutory limits, raising concernsabout due process and the competence of the contractors engaged.

NBET is also accused of transferring over ₦7.6 billion into unauthorised sub-accounts belonging to unnamed beneficiaries, contrary to financial regulations. In another case, the company reportedly paid more than ₦9.3 billion to Egbin Power Plc as outstanding payments under the Power Sector Reform Programme without documentation to verify the legitimacy of the transactions.

Additional allegations include payments exceeding ₦8 billion to unspecified beneficiaries without proper documentation in payment and accounting records, as well as the award of consultancy contracts worth over ₦420 million to ineligible consultants, with no evidence that the services were actually rendered or that procurement rules were followed.

The Auditor-General’s report also cited unaccounted payments of more than ₦45 million for contingency, logistics and security charges on several contracts, made without contractor requests or approval.

The suit further claims that NBET awarded a contract worth over ₦39 million for the supply and installation of a video conferencing system without evidence that any work was carried out. The same contract was allegedly re-awarded to another contractor without competitive bidding or transparent evaluation.

In all the cases cited, the Auditor-General expressed concern that public funds may have been diverted, misapplied, or used to pay for work not done, and recommended that the affected sums be recovered and remitted to the treasury.

“NBET ‘paid over N49 million [N49,995,000.00] for the supply of three units of Toyota Corolla, 2019 model’, but the contract was awarded without any approval.’ There was ‘no Bureau of Public Procurement approval, minutes of tenders board approvals and technical and financial evaluation reports,’” it said.

“NBET also ‘paid over N8 million [N8,744,186.05] as legal fees to a legal practitioner.’ But the payment was ‘without the approval of the Minister of Justice and Attorney General of the Federation.’”

It said, “NBET also ‘irregularly paid over N8.9 million [N8,928,000.00] for the professional development program of five officers working in the organization.’ The payment ‘was made as reimbursement of the balance of the course fee.’ The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered.

“NBET also spent over N1 billion [N1,100,279,895.20] ‘as extra-budgetary spending’, but without any approval from the Minister of Finance and the National Assembly.’ The Auditor-General fears ‘the money may have been misappropriated and misapplied.’ He wants the money refunded and remitted to the treasury.

“NBET also ‘paid over N110 million [N110,556,502.00] to companies and retail supermarkets for staff to pick items and promotion packages for Easter and Salah between 2021 and 2022.’ The payments ‘were made without any document.’”

No date has been fixed for the hearing of the suit

Written by Ogona Anita

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