In a landmark legal action with far-reaching implications for transparency, governance, and Nigeria’s energy sector, the Socio-Economic Rights and Accountability Project (SERAP) has filed a formal lawsuit against the Minister of Power, Adebayo Adelabu, and the Nigerian Bulk Electricity Trading Plc (NBET). The suit centers on what SERAP describes as the failure to account for ₦128 billion in public funds linked to the Ministry of Power and NBET — a development that has ignited national debate and raised serious questions about financial accountability in a sector already plagued by inefficiency and power supply instability.
The Legal Action: What SERAP is Asking For
On January 25, 2026, SERAP filed the lawsuit at the Federal High Court in Abuja under case number FHC/ABJ/CS/143/2026. In its petition, SERAP argues that both the Minister of Power and NBET have failed to provide a credible account of how ₦128 billion in public funds were utilised — or whether these funds might have been lost through diversion, misappropriation, or worse.
The civil society organisation is urging the court to grant an order of mandamus — a judicial directive that would compel Adelabu and NBET to:
Break down how the ₦128 billion was disbursed;
Identify the dates of release, names of contractors or beneficiaries, and amounts paid;
Disclose the public officials who authorised or oversaw the disbursements;
Provide the offices and official designations of those involved.
SERAP’s legal team, led by Kolawole Oluwadare, Kehinde Oyewumi, and Andrew Nwankwo, has framed this demand as critical to upholding constitutional safeguards and anti-corruption standards.
Where the Missing ₦128 Billion Allegations Come From
The allegations are grounded in findings published in the 2022 audited report by the Auditor-General of the Federation, released on September 9, 2025. According to the report:
The Federal Ministry of Power failed to account for over ₦4.4 billion transferred to accounts tied to major initiatives like the Mambilla, Zungeru, and Kashimbilla hydroelectric projects — with no evidence of how these funds were deployed.
More than ₦95 billion was reported paid to various contractors, yet the Auditor-General found no documentation to prove the execution of the projects for which the funds were disbursed.
Even travel expenses — over ₦33 million for foreign trips without requisite approvals — were flagged as potentially misused public funds.
The Ministry was also unable to justify hundreds of millions spent on non-personal advances, technology platform costs, and staff allowances beyond statutory thresholds.
Meanwhile, NBET, which is responsible for purchasing bulk electricity and trading in energy across Nigeria’s power sector value chain, faced its own irregularities:
Irregular contract awards worth over ₦427 million lacking procurement journal records.
Unapproved transfers of more than ₦7.6 billion into unnamed sub-accounts without documented authority.
Payments for services, consultancy, and logistics that lacked evidence of work done or adherence to financial regulations.
According to the Auditor-General, these patterns not only suggested misapplication or diversion but raised the possibility that substantial portions of public money may have been channelled away from their intended public purposes.
Why This Matters: Power Sector Corruption and Nigeria’s Energy Crisis
SERAP has framed its lawsuit within a broader context: that corruption in the power sector is a direct contributor to Nigeria’s chronic electricity problems.
Just days before the lawsuit was filed, Nigerians experienced the first national grid collapse of 2026, plunging key regions into darkness and reigniting frustration over inconsistent power supply — a critical issue affecting businesses, healthcare systems, and households. SERAP’s statement explicitly linked financial mismanagement in the Ministry of Power and NBET with ongoing failures in grid stability and service delivery.
By pursuing legal accountability, SERAP argues, Nigeria can begin to tackle the structural rot that undermines effective service delivery and economic growth, and, in turn, strengthen public trust in democratic institutions.
Constitutional, Legal, and International Standards Cited
In its filing, SERAP highlights several legal obligations that government agencies are expected to uphold, including:
Sections of the 1999 Nigerian Constitution that mandate public accountability and prohibit abuse of office.
National anti-corruption legislation that requires transparent budgeting and thorough documentation of public expenditures.
International anti-corruption standards, including provisions Nigeria has ratified, like the United Nations Convention Against Corruption (UNCAC), which imposes obligations on states to maintain effective, proportionate, and dissuasive sanctions in cases of grand corruption.
SERAP’s legal motion underscores that failure by public officials to comply with these standards amounts to a violation of public trust and constitutional governance principles.
Political and Public Reactions So Far
While the suit has just been filed and no court date has been set for hearing, the issue has already triggered responses across political, civil society, and public spheres. Notably:
Prior to the lawsuit, Minister Adebayo Adelabu had responded to SERAP’s earlier letter, stating that the alleged missing funds predated his tenure as Power Minister. His statement suggests ongoing contention over responsibility and historical financial practices in the ministry.
Public discourse — especially on social media and news platforms — reflects deep frustration with corruption in the power sector, linking financial mismanagement with poor electricity services that Nigerians regularly endure.
These reactions suggest that the lawsuit is poised to resonate across both legal and civic arenas.
What’s Next: The Road Ahead
With the lawsuit now official, several key developments will be watched closely:
1. The Federal High Court’s scheduling of a hearing date — a crucial step that will determine when both sides will present their arguments.
2. Responses from Minister Adelabu and NBET, who will be expected to defend their records and provide evidence or clarification regarding the funds in question.
3. The potential involvement of anti-corruption agencies such as the Economic and Financial Crimes Commission (EFCC) or the Independent Corrupt Practices and Other Related Offences Commission (ICPC), depending on how the legal process evolves.
Depending on how events unfold in and out of court, this lawsuit could establish significant legal precedents on public financial accountability, especially in sectors that are vital to Nigeria’s development and economic performance.
Conclusion: Accountability or Continued Impunity?
As Nigeria grapples with economic challenges, systemic power supply issues, and demand for transparency from its leaders, the SERAP lawsuit against Minister Adebayo Adelabu and NBET represents more than a legal battle — it is a litmus test for institutional accountability in public finance.
Whether this case leads to full disclosure, recovery of funds, and stronger anti-corruption practices — or gets lost in bureaucratic inertia — will have implications far beyond the courtroom. But one thing is clear: ordinary Nigerians are watching, and the demand for transparency has never been stronger.
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