How Africa’s Nonprofits Are Being Strangled by Overregulation Disguised as Oversight, Experts Lament

Odoh Okenyodo
6 Min Read
Participants during the opening ceremony.

At the 2nd Africa Civil Society AML/CFT Conference 2025, ongoing in Botswana from October 15 to 17, Ms. Victoria Ibezim-Ohaeri, Executive Director of Spaces for Change (S4C), has called attention to the growing tide of restrictive regulations that, in her words, are “choking the life out of nonprofit organisations across Africa.” Other participants agree.

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Participants at the conference

Ibezim-Ohaeri, a leading voice in the defense of civic space, argued that while anti-money laundering and counter-terrorism financing (AML/CFT) frameworks are necessary, their implementation in Africa—particularly in Nigeria—often crosses the line from legitimate oversight into outright suppression of civil society.

Not Saying No to Accountability

“We are not saying NPOs should not be accountable,” she told delegates. “But the creeping criminalisation of nonprofit work through disproportionate regulations and financial derisking policies undermines humanitarian action and democratic freedoms alike.”

The conference, themed “Placing Civic Space at the Heart of Combatting Money Laundering and Countering the Financing of Terrorism,” was organised by Spaces for Change (West Africa) and Civic Advisory Hub (Uganda), in partnership with the Ministry of Labour and Home Affairs, Botswana, and ICIFF University of Botswana. It brought together over 200 participants, including government agencies, Financial Intelligence Units, donor bodies, law enforcement, and civil society groups from across the continent.

A Continental Problem with Deep Nigerian Roots

Ibezim-Ohaeri’s intervention drew from Nigeria’s decade-long history of attempts to tighten control over NGOs through legislation. She cited two prominent efforts—the 2013 draft NGO Bill and the 2016 NGO Regulation Bill—as examples of how governments cloak restrictive oversight in the language of transparency.

Participants during the opening ceremony.

The 2013 draft bill, titled A Bill to Regulate the Acceptance and Utilisation of Financial/Material Contributions of Donor Agencies to Voluntary Organisations,” was sponsored by Hon. Eddie Ifeanyichukwu Mbadiwe. It sought to subject the inflow and use of donor funds to state scrutiny, a move that civil society leaders then described as an attempt to “micromanage” the nonprofit sector and curtail its independence.

Three years later, the 2016 Bill for an Act to Establish the Non-Governmental Organisations Regulatory Commission went further, proposing the creation of a powerful Commission to supervise, coordinate, and monitor NGOs and Civil Society Organisations (CSOs) in Nigeria.

A Conflict of Commissions

Under Clause 18, the proposed Commission’s Board could suspend or terminate an NGO’s certificate of registration at its discretion, and renewal would not be automatic. NGOs—already registered with the Corporate Affairs Commission (CAC)—would be required to register again with this new Commission.

Critics warned that such dual registration created a legal minefield: if the Commission cancelled an NGO’s certificate, would it also invalidate the CAC registration? The Bill offered no clear answer. Moreover, it denied NGOs the right to challenge the Commission’s decisions in court—allowing only an appeal to the Minister of Interior, who also supervised the Commission.

Prison or Fine for Compassion

Operating an unregistered NGO under this proposed regime would be a criminal offense, punishable by 18 months imprisonment or a ₦500,000 fine—a measure civil society actors decried as punitive and undemocratic.

“Imagine criminalising compassion,” Ibezim-Ohaeri said. “These laws don’t just create oversight—they create fear. They silence small organisations, particularly those working in rural and marginalised communities, where civic space is already fragile.”

Overregulation and Financial Exclusion

At the Botswana conference, Spaces for Change led a masterclass on bank derisking, a phenomenon in which financial institutions close NGO accounts or deny services over perceived AML/CFT risks. Participants shared how global and national compliance pressures have pushed many NPOs into financial exclusion, making it nearly impossible to operate or receive donor funds.

The Masterclass on “Addressing Bank Derisking and Enhancing Financial Inclusion for NPOs”.

Other sessions focused on NPO compliance automation, illicit procurement, whistleblower protection, and gender-focused approaches to countering terrorism financing, reflecting the sector’s commitment to transparency and reform—without repression.

A highlight of the ongoing conference was the unveiling of Spaces for Change’s new report, “Security First: The Impact of Security Laws on Civic Space in West Africa,” which documents the growing pattern of civic restriction across the region. The report argues that while governments cite national security, the practical effect of these laws has been to shrink democratic participation and weaken public accountability.

A Call for Risk-Based, Rights-Based Regulation

Ms. Ibezim-Ohaeri’s message resonated throughout the conference: security must not trump freedom. She urged regulators and policymakers to adopt a risk-based and rights-based approach, rather than blanket restrictions that penalise legitimate organisations.

Ms. Victoria Ibezim-Ohaeri, ED, Spaces for Change
Ms. Victoria Ibezim-Ohaeri, ED, Spaces for Change

“Civil society is an essential partner in building safer, more transparent societies,” she concluded. “But when the state treats NPOs as suspects instead of allies, we erode trust, weaken social resilience, and betray the very communities we claim to protect.”

As the conference closes on Friday j , participants agree on the need for deeper dialogue between governments and civil society. From Nigeria to Botswana, Ghana to Uganda, the consensus has been clear: Africa’s civic space must not be the collateral damage of financial security efforts.

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