USA Africa Dialogue Series - Regulate to Enable

Regulate to Enable

Why Nigeria Needs a Smarter Framework for Civil Society

(Published in my Policy & Reform Column of Business am Newspaper of Monday August 4, 2025)

 John Onyeukwu

There is a dangerous binary in our national discourse: regulate or not regulate; control or chaos. When it comes to civil society in Nigeria, this framing is both false and counterproductive. Civil Society Organizations (CSOs) are not a threat to national security. They are a pillar of our democratic resilience. They serve as conscience, catalyst, and connector, between government and citizens, policy and practice, accountability and impact.

Yet, the relationship between the state and CSOs remains fraught with suspicion. Periodically, legislative efforts, such as the infamous NGO Regulation Bill, resurface with sweeping proposals that would place CSOs under excessive state control. While the sector is not above reproach, the solution is not coercion. What Nigeria needs is a co-designed accountability framework, one that preserves freedoms, promotes internal integrity, and positions CSOs as credible partners in nation-building.

It is understandable that many within civil society remain wary of the state's intentions, years of overreach, opaque policymaking, and attempts to legislate control rather than enable accountability have bred deep mistrust. However, rejecting all engagement with the state, risks ceding the regulatory space entirely to interests, that may not share civil society's values. The reality is that the state will continue to play a role in defining the legal architecture within which CSOs operate, whether by action or omission. Rather than disengage, CSO practitioners must lead the process of shaping that role, ensuring that regulation is not imposed but co-created. Co-design is not surrender, it is strategy. It acknowledges the state's constitutional responsibility to protect public interest, while asserting the sector's right to autonomy, voice, and agency. A self-regulation framework recognised by law but governed by the sector offers the best path forward: one that anchors legitimacy, safeguards civic space, and institutionalizes accountability on civil societies' own terms.

We begin with a philosophical premise: freedom of association is not a privilege granted by the state, it is a constitutional and moral right. Section 40 of the 1999 Constitution guarantees this. The role of regulation, therefore, should not be to constrain this freedom, but to enable its responsible expression.

Civil society's greatest value lies in its ability to speak truth to power, to advocate for those who cannot, and to offer alternative perspectives. Any regulatory regime that makes this advocacy contingent on government approval fundamentally undermines democracy and must be resisted.

The political temptation to control CSOs often stems from a fear of dissent. This fear is misplaced. Strong civil societies do not weaken states; they strengthen them. They bring legitimacy to reforms, expose waste and corruption, and bridge the credibility gap between government and citizens.

But collaboration requires trust, and trust is built through structure. A regulatory framework must be co-created, not imposed. It must include representatives from CSO platforms, donor agencies, public regulators (like CAC, FIRS), and legislators. Co-regulation, not unilateral state oversight, is the appropriate governance model in a plural society.

From an economic standpoint, CSOs contribute significantly to public service delivery in areas such as health, education, gender advocacy, humanitarian response, and climate resilience. Their financial footprints, particularly from donor funded interventions, warrant recognition and appreciation. Ensuring transparency should therefore be proportionate, risk-informed, and designed to support, not hinder, their vital work.

The current system is fragmented. Registration under the Companies and Allied Matters Act is often misunderstood. Taxation rules are inconsistently applied. Annual returns are filed without harmonized standards. Meanwhile, local CSOs face capacity constraints, while larger ones face increasing donor compliance burdens.

A credible solution lies in establishing a sector-led National Council for Civil Society Organizations (NCCSO), empowered to set standards, monitor ethical conduct, publish an annual integrity index, and accredit CSOs. The government, through an Act of the National Assembly, can recognize this body without undermining its independence.

This model is already at work elsewhere: Kenya's NGO Coordination Board, Ghana's NPO registry under the Registrar General, and South Africa's NPO Directorate provide useful examples.

To operationalize this vision, Nigeria must:

Convene Inclusive Consultations: Initiate a structured national dialogue involving civil society organizations, regulatory agencies (such as CAC, FIRS, and SCUML), development partners, and citizens. These consultations should be regionally representative, inclusive of grassroots and thematic CSOs, and focused on building consensus around what accountability should look like, without undermining autonomy.

Establish a Sector Governed Self-Regulatory Body: This body owned and led by CSOs, should be mandated to enforce a shared code of ethics, develop a standard reporting framework, adjudicate complaints, and manage a voluntary accreditation system. Its governance structure must reflect Nigeria's diversity and be built on democratic representation.

Enact a Smart, Enabling Legal Framework: The National Assembly should enact legislation that codifies the rights and responsibilities of CSOs, protects against political interference, and formally recognizes sector developed self-regulatory mechanisms as legitimate accountability tools.

Promote Digital Transparency: Leverage technology to establish a central, open-access portal where registered CSOs upload audited financial statements, impact reports, governance disclosures, and conflict-of-interest policies. This promotes public trust and reduces duplicative oversight.

Incentivize Compliance: Establish a mix of non-monetary and financial incentives to encourage active participation in the self-regulation framework. These could include public recognition, simplified regulatory processes, eligibility for tax reliefs, and preferential access to government impact funds. Additionally, a dedicated CSO Fund, jointly managed by the sector, could be established to support operational needs of compliant organizations, particularly grassroots and community based groups. Such incentives would reward transparency, foster trust, and promote sector wide accountability.

We must legislate not from fear, but from vision. We must regulate not just to protect today, but to enable tomorrow. We must lead not by default, but by design. A reactive state suffocates innovation; a visionary state unlocks it. The future of civil society in Nigeria is not about subordination to the state, it is about co-creating a social compact that balances freedom with responsibility. This is not idealism. It is sound public policy rooted in constitutional democracy, economic inclusion, and social equity.

When we co-design accountability frameworks, we are not surrendering the state's regulatory mandate; we are enriching it with legitimacy, ownership, and functionality. Both government and civil society carry legitimate concerns, regulators often fear misuse of civic platforms or foreign interference, while CSOs worry about state overreach and political targeting. Yet, regulation built through consultation is more likely to secure compliance, just as trust built through transparency is more likely to deliver results. This new compact must acknowledge these fears while building common ground. Civil society is not a threat to be contained, and government is not inherently adversarial, each has a role in strengthening democracy and delivering public value. CSOs are frontline responders in health crises, advocates for justice, providers of education, and champions of the voiceless. Shrinking their space is not just counterproductive, it undermines our collective capacity to build a better Nigeria.

In co-designing accountability, we do not merely protect civic space, we deepen democracy, amplify citizen agency, strengthen institutional trust, and build a Nigeria that works, not just for the powerful, but for all.

John Onyeukwu
http://www.policy.hu/onyeukwu/

 http://about.me/onyeukwu
"Let us move forward to fight poverty, to establish equity, and assure peace for the next generation."
-- James D. Wolfensohn
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