SERAP sues Adelabu, NBET over failure to account for N128b

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Minister of Power, Adebayo Adelabu, and Nigerian Bulk Electricity Trading PLC (NBET) “over the failure to account for the missing or diverted N128 billion of public funds from the Ministry of Power and NBET.”

The allegations are documented in the annual report published by the Auditor-General of the Federation on September 9, 2025.

Corruption contributes significantly to the frequent grid collapses as Nigerians last week witnessed the first grid collapse of 2026, plunging the country into darkness.

In the suit, number: FHC/ABJ/CS/143/2026, filed last Friday at the Federal High Court in Abuja, SERAP is seeking: “An order of mandamus to direct and compel Mr Adelabu and NBET to account for the missing or diverted ₦128 billion from the ministry of power and NBET.”

The lawsuit, filed on behalf of SERAP by its lawyers: Kolawole Oluwadare, Kehinde Oyewumi, and Andrew Nwankwo, reads 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 Ministry failed to account for over N230 million [N230,795,255.27] being ‘expenditure on the GIGMIS platform.’ 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 N282 million [N282,672,576.53] as ‘non-personal advances to various staff of the ministry for the procurement of goods and services.’ But the ‘payments were beyond the statutory threshold of N200,000.00.’ The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered.

“The Nigerian Bulk Electricity Trading Plc., (NBET) Abuja also ‘irregularly awarded contracts for over N427 million [N427,491,866.16]. There was ‘no evidence of advert placements in the procurement journal’.

“The Auditor-General fears ‘the contracts may have been awarded to incompetent contractors’, resulting in ‘loss of government funds.’

“NBET ‘irregularly transferred over N7 billion [N7,620,840,000.00] into purported sub-accounts of unnamed beneficiaries.’ There was also ‘no authority for such payment, contrary to the Financial Regulations.’

“NBET claimed it paid over N9.3 billion [N9,336,986,697.17] to Egbin Power PLC ‘as outstanding payment on GenCos for Power Sector Reform Programme.’ But there ‘was no document to authenticate the genuineness of the transactions.’ The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered.

“NBET paid over N8 billion [N8,027,355,487.20] ‘to some beneficiaries’ but ‘without entering the transaction into the payment vouchers register and the vote book.’ The Auditor-General fears ‘the money may have been diverted and misapplied.’ He wants the money recovered and remitted to the treasury.

“NBET also reportedly ‘awarded contracts of over N420 million [N420,665,525.65] to eleven ineligible consultants.’ The payments ‘were for various consultancy services such as technical support on power plant capacity testing of 5 power plants.’ But there was ‘no evidence that the services paid for were rendered.’

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“The ‘engagement of the consultants also failed to meet due process as required by the Procurement Act.’ The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered and remitted to the treasury.

“NBET also failed to account for ‘payments of over N45 million [N45,851,647.92] as contingency, logistics and security charges for six contracts.’ The payments were ‘made without any application from the contractors and without any approval.’

“There was ‘no breakdown of the expenditure’. The Auditor-General fears ‘the money may have been diverted’ or the payments ‘may be for work not done.’ He wants the money recovered and remitted to the treasury.

“NBET spent over N61 million [N61,775,659.75] from the capital vote on consultancy services but without any provision made for it in the approved capital budget of the company.’ The ‘payments were also made without any approval for virement.’ The Auditor-General fears ‘the money may have been diverted’ or ‘may have been misapplied.’ He wants the money refunded to the treasury.

“NBET also ‘irregularly awarded contract of over N39 million [N39,661,081.83] for the supply and installation of a video conferencing solution to the NBET office.’ But ‘there was no evidence of any work done.’

“The same contract ‘was re-awarded to another contractor without any open competitive bidding, such as advertisement, quotations, and financial bid evaluation.’ There was also ‘no evidence that any job was completed.’

“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.’

“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.’

“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.’

“Section 13 of the Nigerian Constitution imposes responsibility on the ministry of power and NBET to conform to, observe and apply the provisions of Chapter 2 of the constitution. Section 15(5) imposes the responsibility on the ministry and NBET to abolish all corrupt practices and abuse of power.

“Article 26 of the UN Convention against Corruption which Nigeria has ratified requires the ministry of power and NBET to ensure ‘effective, proportionate and dissuasive sanctions’ in cases of grand corruption.

“Article 26 complements the more general requirement of article 30, paragraph 1, that sanctions must take into account the gravity of the corruption allegations.”

No date has been fixed for the hearing of the suit.