Regulation of Non-Governmental Organisations Under Nigerian Law: An Assessment of the Regulatory Framework and Civil Society Space

📖 ABSTRACT/OVERVIEW

Non-governmental organisations play a critical role in Nigeria's constitutional democracy as advocates, service providers, and accountability actors, yet their legal regulation has been a subject of controversy, particularly regarding proposed restrictive legislation targeting civil society operations. The legal framework governing NGO registration and operations in Nigeria includes the Companies and Allied Matters Act 2020 for incorporated trustees, the Special Control Unit Against Money Laundering regulations, and various sector-specific laws, alongside proposed legislation such as the Civil Society Organisations (Regulation) Bill. This study examines the current legal framework for NGO regulation in Nigeria, evaluating its adequacy and its compatibility with constitutional guarantees of freedom of association under Section 40 of the 1999 Constitution. A doctrinal methodology is applied, reviewing CAMA 2020, SCUML registration requirements, the proposed NGO regulatory bills of 2015 and 2017, and comparative regulatory frameworks from Kenya and Uganda. The study evaluates whether current regulatory requirements constitute proportionate oversight or excessive restrictions on civil society operations. Available NGO law literature from Nigeria identifies SCUML compliance burdens, politically motivated CAC deregistration threats, and restrictive bill provisions as the principal legal threats to civil society space. The Freedom of Association Framework and the OHCHR Guidelines on Civil Society Space provide the normative reference. Recommendations address proportionate regulatory reform and NGO self-regulatory capacity building. Keywords: NGO regulation, civil society, freedom of association, CAMA 2020, Nigeria.

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Departments# Public Law