An Assessment of the Legal Framework for Regulating Non-Governmental Organisations and Civil Society in Nigeria

📖 ABSTRACT/OVERVIEW

Non-governmental organisations and civil society groups play important roles in advocacy, service delivery, and development programming across Nigeria, yet the legal framework governing their registration, operations, and accountability has been increasingly used to restrict civil society space. This study assesses the regulatory framework for NGOs in Nigeria under the Companies and Allied Matters Act 2020 (Part C), the Terrorism Prevention Amendment Act, and executive regulations including the Special Control Unit Against Money Laundering directives. A doctrinal analysis was combined with interviews of representatives from 20 civil society organisations in Abuja, Lagos, and Port Harcourt. Results indicate that the CAMA 2020 amendments introduced a government power to suspend CSO boards and appoint interim management, widely criticised as unconstitutional encroachment on civil society independence. Counter-terrorism financing regulations have been disproportionately applied to civil society actors without adequate risk assessment. De-banking of civil society organisations was reported by 40 percent of respondents. The study concludes that the current NGO regulatory framework creates excessive state control over civil society and imposes compliance burdens disproportionate to genuine AML-CFT risks. Recommendations include repeal of the CAMA 2020 board suspension provisions, risk-proportionate application of SCUML registration requirements, and a Civil Society Regulatory Standards Act that balances accountability with operational independence.

Keywords: NGO regulation, civil society, CAMA 2020, SCUML, freedom of association

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Departments# Business Law