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), Abuja, over the failure to account for the alleged missing or diverted N128 billion in public funds from the Ministry of Power and NBET.
The lawsuit follows grave allegations documented in the latest annual report published by the Auditor-General of the Federation on 9 September 2025. The report raised serious concerns about how public funds meant for the power sector were handled, linking corruption to the persistent failures in electricity supply. Nigerians were again plunged into darkness last week following the first national grid collapse of 2026, further heightening public concern over accountability in the sector.
The suit, numbered FHC/ABJ/CS/143/2026, was filed last Friday at the Federal High Court in Abuja. In the case, SERAP is seeking “an order of mandamus to direct and compel Mr Adelabu and NBET to account for the missing or diverted N128 billion from the ministry of power and NBET.”
SERAP is also asking the court for “an order of mandamus to direct and compel Mr Adelabu and NBET to disclose details of how the missing or diverted N128 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.”
In addition, the organisation wants the court to compel the disclosure of those involved in approving the payments. According to SERAP, it 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 authorised, approved, or otherwise participated in the release of the missing or diverted N128 billion in the ministry of power and NBET.”
In the suit, SERAP argued 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.”
The organisation also maintained that granting the reliefs sought would have wider benefits for the country. It stated that, “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.”
SERAP further argued 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.”
According to SERAP, ordinary citizens are already bearing the cost of alleged corruption. The group stated that, “Ordinary Nigerians continue to pay the price for corruption in the electricity sector–staying in darkness, but still made to pay crazy electricity bills.”
The lawsuit was filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Kehinde Oyewumi, and Andrew Nwankwo. The suit 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.”
SERAP relied heavily on findings contained in the 2022 audited report of the Auditor-General of the Federation. According to the report, the Federal Ministry of Power failed to account for over N4.4 billion, specifically N4,404,647,938.53, “transferred to Mambilla, Zungeru and Kashimbilla project accounts by the Ministry.”
The report noted that there was “no evidence of how the funds were expended.” It added that the Auditor-General feared “the money may have been diverted” and recommended that the funds be recovered and remitted to the treasury.
The Auditor-General’s report also revealed that the Ministry of Power paid over N95 billion, amounting to N95,415,183,701.83, to “some contractors for various projects.” However, “there was no document on the payments, and no evidence that the projects existed and were executed.” The Auditor-General again feared “the money may have been diverted” and called for its recovery.
Further findings showed that the Ministry paid over N33 million, specifically N33,557,959.00, “for foreign travels” without the required approvals. The money was reportedly paid as estacode, flight tickets, visa fees, and other allowances to enable the minister and his aides to attend the World Utilities Congress in Abu Dhabi and the Huawei innovation land exhibition in Dubai.
According to the report, the travels “were never approved by the Secretary to the Government of the Federation or the Head of Civil Service.” The Auditor-General feared “the money may have been diverted” and recommended that it be recovered and remitted to the treasury.
The report also stated that the Ministry failed to account for over N230 million, amounting to N230,795,255.27, recorded as “expenditure on the GIGMIS platform.” The Auditor-General again feared “the money may have been diverted” and called for recovery.
Another finding showed that the Ministry paid over N282 million, specifically N282,672,576.53, as “non-personal advances to various staff of the ministry for the procurement of goods and services.” The report noted that the payments were “beyond the statutory threshold of N200,000.00,” raising further concerns. The Auditor-General feared “the money may have been diverted” and urged recovery.
The report also detailed several alleged financial irregularities involving NBET. According to the Auditor-General, NBET “irregularly awarded contracts for over N427 million,” amounting to N427,491,866.16, with “no evidence of advert placements in the procurement journal.” The Auditor-General feared that “the contracts may have been awarded to incompetent contractors,” resulting in “loss of government funds.”
NBET was also accused of “irregularly transferring over N7 billion,” specifically N7,620,840,000.00, “into purported sub-accounts of unnamed beneficiaries.” The report stated that there was “no authority for such payment, contrary to the Financial Regulations.”
The Auditor-General further disclosed that NBET claimed it paid over N9.3 billion, amounting to N9,336,986,697.17, to Egbin Power Plc as outstanding payment on GenCos for the Power Sector Reform Programme. However, there was “no document to authenticate the genuineness of the transactions.” The Auditor-General feared “the money may have been diverted” and called for recovery.
According to the report, NBET also paid over N8 billion, amounting to N8,027,355,487.20, “to some beneficiaries” without entering the transactions into the payment vouchers register and the vote book. The Auditor-General feared “the money may have been diverted and misapplied.”
The report also stated that NBET “awarded contracts of over N420 million,” amounting to N420,665,525.65, to eleven ineligible consultants for consultancy services such as technical support on power plant capacity testing of five power plants. There was “no evidence that the services paid for were rendered,” and the engagement failed to meet due process requirements under the Procurement Act.
NBET was also said to have failed to account for payments of over N45 million, amounting to N45,851,647.92, made as contingency, logistics, and security charges for six contracts. The payments were reportedly made without any application from contractors or approvals, and there was “no breakdown of the expenditure.”
The Auditor-General further reported that NBET spent over N61 million, amounting to N61,775,659.75, from its capital vote on consultancy services without any provision in the approved capital budget and without approval for virement.
Another finding showed that NBET “irregularly awarded contract of over N39 million,” amounting to N39,661,081.83, for the supply and installation of a video conferencing solution, with “no evidence of any work done.” The same contract was reportedly re-awarded without open competitive bidding.
NBET also reportedly paid over N49 million, amounting to N49,995,000.00, for the supply of three units of Toyota Corolla, 2019 model, without required approvals. The report further disclosed payments of over N8 million as legal fees without the approval of the Attorney General.
The Auditor-General also raised concerns over over N8.9 million paid for professional development programmes, over N1 billion spent as extra-budgetary expenditure, and over N110 million paid to companies and supermarkets for staff items without documentation.
SERAP argued that Section 13 and Section 15(5) of the Nigerian Constitution impose a duty on the Ministry of Power and NBET to abolish corrupt practices and abuse of power. It also cited Article 26 of the UN Convention against Corruption, which Nigeria has ratified, stressing the need for effective sanctions. No date has been fixed for the hearing of the suit.
