Tag Archives: SERAP

2023 General Elections, Politics Today

SERAP seek ICC’s probe into “growing cases of pre-election violence”

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The Socio-Economic Rights and Accountability Project (SERAP) has petitioned the International Criminal Court (ICC) to “promptly seek authorisation from the ICC Chamber to commence an investigation into the situation in Nigeria in relation to the growing cases of pre-election violence, which if not addressed may escalate and lead to post-election violence in the country.”

This petition was signed by the SERAP Deputy Director Kolawole Oluwadare, following reports of election-related violence in several states including Lagos, Rivers, and Kaduna states.

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The petition dated 11 February, 2023 was sent to Mr Karim Khan, QC, Prosecutor, ICC.

Over 4,000 cases of violent attacks and 11,000 fatalities were reported across the country between 1 January 2022 and 3 February 2023 alone.

The petition, read in part: “SERAP urges you to seek authorisation from the ICC Chamber to commence an investigation into the situation in Nigeria in relation to election-related violence that may be committed during and after the elections scheduled for February and March 2023.

“SERAP also urges you to identify the suspected perpetrators of election-related violence and those individuals who bear the greatest responsibility for encouraging or facilitating these crimes, and to ensure their effective prosecution by the ICC.”

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“These are not isolated acts, but part of growing cases of election violence, thus constituting crimes against humanity.”

“Seeking authorisation from the ICC Chamber to commence an investigation in relation to election-related violence that may be committed after the general elections is consistent with Article 53(1)(a) of the Rome Statute which allows investigation into ‘a crime which has been or is being committed.’

“SERAP notes that the Prosecutor has consistently relied on the provisions of Article 15 of the Rome Statute and Regulation 49 of the ICC to investigate cases of election-related violence in other countries, including Cote d’Ivoire and Kenya.

“The requested investigation is neither frivolous nor politically motivated. Cases of election-related violence are rarely investigated by the Nigerian authorities. Nigerian authorities are unwilling or unable genuinely to carry out the investigation or prosecution.

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“As a result, suspected perpetrators and those who encourage or facilitate their crimes continue to enjoy impunity. Victims continue to be denied access to justice and effective remedies.

“The escalating cases of election-related violence in Nigeria meet the requirements of the Rome Statute and provide reasonable basis for you to promptly commence an investigation, particularly given the gravity of these cases and the interests of victims.

“It is necessary to ensure that any request for authorisation covers investigation into ongoing and continuing election-related crimes during and after the elections, especially given the volatile political environment in the country and the entrenched impunity for these crimes.”

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Economy Today

SERAP Drags Buhari To Court Over Electricity Tariff Hike.

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The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari over the hike in electricity tariff.

This was confirmed in a statement on Sunday by the group’s Deputy Director, Kolawale Oluwadare.

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Joined in the suit as Respondents are the country’s Attorney General and Minister of Justice, Abubakar Malami, the Nigerian Electricity Regulatory Commission (NERC), and the Nigeria Bulk Electricity Trading PLC.

The group’s action comes after NERC approval to Electricity Distribution Companies to increase tariffs.

The case, with suit number FHC/L/CS/99/2023 was filed last Friday at the Federal High Court, Lagos.

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SERAP told the court to “compel President Buhari to direct the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, and appropriate anti-corruption agencies to promptly investigate the spending of public funds as investments and bailouts to DisCos and GenCos since 2005.”

Nigerians have witnessed incessant electricity tariff hike since Buhari’s government resumed office in 2015 without an improved power supply

Economy Today

SERAP Sues Wike, Okowa, Others Over Alleged Failure To Account For N625bn Refunds.

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Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the oil-producing states in Nigeria over “their failure to account for the spending of the oil derivation refunds of N625bn.”

The Federal Government recently paid N625.43 billion oil derivation refunds to the governors of Abia, Akwa Ibom, Bayelsa, Delta, Edo, Rivers, Ondo, Imo and Cross River states.

The payments covered 13 percent oil derivation, subsidy, and SURE-P refunds. The refunds date from 1999 to 2021.

In the suit number FHC/ABJ/CS/2371/2022 filed last Friday at the Federal High Court, Abuja, SERAP is asking the court to “direct and compel the governors to disclose and widely publish the details of spending of the oil derivation refunds, subsidy, and SURE-P refunds.”

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SERAP is also asking the court to “compel President Muhammadu Buhari to direct anti-corruption agencies to thoroughly investigate the spending of the public funds collected by the governors, and where appropriate, ensure the prosecution of suspected perpetrators of corruption, and the recovery of proceeds of corruption.”

In the suit, SERAP is arguing that, “The Nigerian Constitution 1999 [as amended], the Freedom of Information Act, and the African Charter on Human and Peoples’ Rights impose transparency obligations on the governors to disclose the spending of the oil derivation refunds, subsidy, and SURE-P refunds.”

SERAP is also arguing that “state governors cannot hide under the excuse that the Freedom of Information Act is not applicable to their states. The governors also have clear legal obligations to provide the information, as prescribed by the provisions of the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.”

According to SERAP, “It is in the public interest and the interest of justice to grant this application. Nigerians are entitled to their constitutionally and internationally recognized human right to information.”

The position of the group is that the constitutional principle of democracy provides a foundation for Nigerians’ right to know details of spending of public funds. It added that the citizens’ right to know promotes openness, transparency, and accountability that is in turn crucial for the country’s democratic order.

SERAP also argues that the public interest in obtaining the information about expenditures relating to the refunds outweighs any other interests. “The oversight afforded by public access to such details would serve as an important check on the activities of the governors, and help to prevent abuses of the public trust,” it added.

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Valentina Adegoke, read in part: “The Nigerian Constitution, Freedom of Information Act, and the country’s international obligations rest on the principle that citizens should have access to information regarding their government’s activities.

“Disclosing details of the spending of the oil derivation refunds, subsidy and SURE-P refunds would allow Nigerians to scrutinise it, and to monitor the spending of the refunds to ensure that the money is not mismanaged, diverted or stolen.

“The effective operation of representative democracy depends on the people being able to scrutinise, discuss and contribute to government decision making, including on the spending of the oil derivation refunds.

“To do this, they need information to enable them to participate more effectively in the management of public funds by their state governments.

“Publishing the details of the spending of the refunds would ensure that persons with public responsibilities are answerable to the people for the performance of their duties including the management of refunds.

“The Freedom of Information Act, Section 39 of the Nigerian Constitution, article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights guarantee to everyone the right to information, including about how the oil derivation refunds are spent.

“By the combined reading of the provisions of the Constitution of Nigeria, the Freedom of Information Act 2011, and the African Charter on Human and Peoples’ Rights, applicable throughout Nigeria, there are transparency obligations imposed on the state governors to publish details of spending of the oil derivation refunds.

“Under the 13 per cent derivation fund, Abia State received N4.8bn; Akwa-Ibom received N128bn; and Bayelsa got N92.2bn. Cross River got a refund of N1.3bn; Delta State received N110bn; Edo State received N11.3bn; Imo State, N5.5bn; Ondo State, N19.4bn; and Rivers State received 103.6bn.

“On the 13 per cent derivation fund on deductions made by NNPC, Abia State received N1.1 billion; Akwa-Ibom, N15 billion; Bayelsa, N11.6 billion; Cross River, N432 million; Delta State, N14.8 billion; Edo State, N2.2 billion; and Imo State, N2.9, billion. Ondo State got N3.7 billion while N12.8 billion was paid to Rivers State.

“The states also received N4.7 billion each, totalling N42.34 billion as refunds on withdrawals for subsidy and SURE-P from 2009 to 2015. The Federation Account also paid N3.52billion each as refund to local government councils on withdrawals for subsidy and SURE-P from 2009 to 2015.”

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

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Education Today

ASUU: SERAP condemns slash of lecturers’ salaries

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The Socio-Economic Rights and Accountability Project (SERAP) has condemned the deductions from the October salaries of Academic Staff Union of Universities (ASUU) members.

The body urged President Muhammadu Buhari to direct the Minister of Labour, Chris Ngige, and the acting Accountant General, Sylva Okolieaboh to reverse the deductions.

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SERAP also demands that ASUU members get full salaries for the duration of their eight months industrial action.

In an open letter, deputy director Kolawole Oluwadare said the deductions amount to punishing the lecturers for exercising their right to strike.

The organization said the deductions violate the right of members of ASUU to an adequate standard of living for themselves and their families.

“Strikes are an essential means available to workers and their organizations to protect their interests”, it added.

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SERAP said industrial actions are protected under the Nigerian Constitution, ILO conventions, and human rights treaties to which the country is a state party.

The letter threatened to take appropriate legal actions to compel the Buhari government to comply with its requests in the interest of the public.

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Politics Today

SERAP writes INEC, seeks details of financial transactions of parties.

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Socio-Economic Rights and Accountability Project (SERAP) has urged Professor Mahmood Yakubu, the Chairman of the Independent National Electoral Commission (INEC) to “widely publish the reports on the accounts and balance sheet of every political party submitted by the Independent National Electoral Commission (INEC) to the National Assembly since 2015.”

SERAP urged him to “urgently examine the books and records of financial transactions of political parties, and to make public the outcome of any such examination.”

SERAP also urged him to “provide details of the guidelines, and steps that INEC is taking to prevent vote buying in the forthcoming elections in Ekiti and Osun states and 2023 general elections, and to prosecute vote buyers and other electoral offenders.”

Recently, the All Progressives Congress (APC) collected N100 million for its presidential form while the opposition Peoples Democratic Party (PDP) collected N40 million for its presidential form for the 2023 election. Some leading political parties and politicians also spend between N250 to N14,000 to buy votes.

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In the letter dated 21 May, 2022 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “Nigerians have the right to know about the accounts and financial transactions of their political parties, especially the major parties with a strong possibility to assume government in the future.”

According to SERAP, “transparency and accountability of political parties is important to achieve greater transparency in public life, curb the influence of money in politics, promote a level playing field, and remove the risks to the independence of political actors and would-be public office holders.”

SERAP also said, “It is both immoral and illegal to pay citizens to vote for a particular political party or candidate. Unpunished cases of vote buying and related electoral offences would continue to undermine good governance, the rule of law, moral values, as well as hinder citizens’ participation in elections.”

The letter, read in part: “When a political candidate decides to buy the support of the people rather than contest fairly for their votes, there are possibilities that such candidate will show a disregard for democratic rules and a disposition to adopt illegal means becomes inevitable.”

“Vote buying and related electoral offences encourage poor governance and weaken citizens’ capacity to hold their elected officials accountable for their actions.”

“SERAP urges you to urgently take measures and to collaborate with appropriate anti-corruption agencies to ensure the effective prosecution of any outstanding cases of vote buying and related electoral offences allegedly committed in the context of the 2019 general elections.”

“We would be grateful if the recommended measures are taken within 14 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel INEC to comply with our request in the public interest.”

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“The lack of transparency and accountability in political finance is seriously undermining the legitimacy and credibility of the democratic and electoral processes, and invariably contributing to denying the citizens the right to effective participation in their own government.”

“The failure of political parties to comply with transparency and accountability frameworks would undermine citizens’ trust in their political parties and lack of trust will inevitably destroy confidence in the system and decrease citizens’ interest and participation in the democratic process.”

“Elections are only one part of the democratic process, and a fair and effective electoral system must be founded in an adequate democratic infrastructure and responsibility of political leaders.”

“According to our information, several political parties have for many years failed to submit their annual financial statements to INEC. Many political parties have failed to submit election expenses reports, and to disclose material contributions received from individuals and corporate bodies to the Commission.”

“The Commission has also been apparently unable or unwilling to monitor, examine and publish these financial statements.”

“Also, some leading political parties, politicians and other political actors reportedly paid between N250 to N14,000 to buy votes. For many years, allegations of vote buying (the payment of cash or gifts in exchange for voting) and related electoral offences have characterised elections and party primaries in the country.”

“SERAP is concerned that despite several provisions of the Electoral Act (as amended), anti-corruption laws, and the country’s international anti-corruption obligations, suspected perpetrators of vote buying and related electoral offences frequently escape justice for their crimes.”

“However, INEC has consistently failed to exercise its powers and to provide the leadership that would promote collaboration with appropriate anti-corruption agencies to facilitate and ensure thorough, transparent and effective investigation of cases, and the arrest and prosecution of suspected perpetrators.”

“Section 86(1) of the Electoral Act 2022 requires every political party to submit to INEC a detailed annual statement of assets and liabilities and analysis of its sources of funds and other assets and statement of its expenditure. Failure to comply is an offence under Section 86(2), which is punishable by imprisonment for a term of six months or a fine of N1,000,000 or both.”

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“Under Section 86(3)(4) INEC has the power to examine the records and audited accounts kept by any political party, and to publish the report on such examinations and audit in two national newspapers and Commission’s website within 30 days of receipt of the results.”

“Section 226 (1) of the Electoral Act 2022 also requires INEC to prepare and submit a report every year to the National Assembly on the accounts and balance sheet of every political party. Under Section 225(5), INEC has the power to give directions to political parties regarding their books or records of financial transactions.”

“The Nigerian Constitution and international standards guarantee and protect the right of all qualified citizens to vote, in state as well as in general elections.”
“The right to vote freely for the political party and candidate of one’s choice is of the essence of a democratic society, and any restrictions on that right strike at the heart of representative government.”

“The effective exercise of the right of qualified Nigerians to have a voice in the election of those who make and enforce the laws under which, as good citizens, they live can contribute to the enjoyment of other human rights, including to corruption-free public services, freedom of expression and digital and data rights.”

“Public confidence in voting systems serves as an indispensable feature of a full and healthy democracy.”

“Persistent failure to arrest and prosecute suspected perpetrators of vote buying and related electoral offences may ultimately undermine public confidence, the integrity of the country’s elections, and lead to wide-spread disaffection with the electoral process.”

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SERAP asks Court to declare Dariye, Nyame’s pardon illegal.

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The Socio-Economic Rights and Accountability Project (SERAP) has sued President Muhammadu Buhari for granting pardon to former governors of Plateau State, Senator Joshua Dariye, and Taraba State, Rev Jolly Nyame.

Dariye and Nyame were investigated, prosecuted, and convicted for stealing N1.16 billion and N1.6 billion respectively from their state treasuries, while they were in office between 1999 and 2007.

After leaving office in 2007, they were recently pardoned alongside 157 others convicted for various offences.

SERAP in the suit number fled last Friday at the Federal High Court, Lagos, asked the court to “declare illegal, and incompatible with the oath of office, and public interest the recent pardon granted to former governors of Plateau State, Senator Joshua Dariye, and Taraba State, Rev Jolly Nyame who are serving jail terms for corruption.”

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According to a statement issued on Sunday by the group’s Deputy Director, Kolawole Oluwadare, (SERAP) is asking the court for “a declaration that the exercise of the power of prerogative of mercy to grant pardon to Mr Dariye and Mr Nyame is compatible with the public interest, the oath of office, and constitutional duty to combat corruption.”

In the suit, SERAP is arguing that: “If the presidential pardon is not set aside, impunity for corruption will increase, and many influential politicians will continue to escape justice for their alleged crimes.

“It is in the interest of justice to set aside the pardon for Mr. Dariye and Mr Nyame. A presidential pardon for grand corruption cases is incompatible with the rule of law, as it undermines equality before the law.

“The pardon power ought not to be exercised to shield influential politicians and politically exposed persons from justice and accountability.”

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SERAP is also asking the court for “an order directing and mandating President Buhari and future presidents to consider the public interest, the requirements of oath of office, and constitutional duty to combat corruption in any future exercise of the pardon power.”

SERAP is further arguing that “the presidential pardon power must be exercised in good faith, and in line with the provisions of Chapter 4 of the Nigerian Constitution on fundamental rights.”

Joined in the suit as Defendant is Mr Abubakar Malami, (SAN), Attorney General of the Federation and Minister of Justice.

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi read in part: “The pardon power, if properly exercised, can help to protect citizens against a possible miscarriage of justice.”

No date has been fixed for the hearing of the suit

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Blocked SIM lines: SERAP drags Buhari to Court.

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President Muhammadu Buhari has been sued for blocking persons yet to link their National Identification Number (NIN) to their Subscriber Identity Module (SIM).

The Federal Government had directed telecommunications companies to block outgoing calls on all unlinked lines. Millions of subscribers are affected.

In suit number FHC/L/CS/711/2022 filed at the Federal High Court in Lagos, SERAP said the government order was inconsistent with the requirements of legality.

SERAP is seeking an order of perpetual injunction restraining President Buhari and the Minister of Communication, Isa Pantami, from the continuous blockage of lines.

It demanded adequate infrastructure and logistics to allow Nigerians, including persons with disabilities, the elderly and persons living in remote areas, to capture their data and conclude registration to obtain NIN.

The organization argues that barring lines was inconsistent with the Nigerian Constitution 1999 [as amended], and the country’s international obligations to respect, protect, and promote socio-economic rights.

Noting that access to telecommunications services is a condition sine qua non for the exercise of human rights, SERAP says the decision to block people from making calls “is discriminatory and a travesty”

Joined in the suit as Respondents are Pantami and Abubakar Malami, Attorney General and Minister of Justice.

The was suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi.

“While Nigerian authorities have a responsibility to secure the rights to life and property, any such responsibility ought to be discharged in conformity with human rights standards.

“The blocking of people from making calls constitutes impermissible restrictions on the rights to freedom of expression, information, and association”, it reads.

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NIN: SERAP asks Buhari to unblock phone lines within 72 hours.

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Socio-Economic Rights and Accountability Project, SERAP, has given President Muhammadu Buhari a 72-hours ultimatum to reverse the decision to block the mobile lines of 72 million Nigerians.

SERAP urged Buhari to “direct the Minister of Communication and Digital Economy, Isa Pantami, and the Nigerian Communications Commission (NCC) to immediately reverse the apparently unlawful decision to block over 72 million active telecommunication subscribers from making calls on their SIMs.”

Last week, the Federal Government ‘ordered’ telecommunications companies to block outgoing calls on all unlinked lines as the deadline for the verification expired on March 31.

Following the directive, over 72 million subscribers have now been barred from making calls.

However, SERAP said the decision to bar people from making calls was an infringement on the rights of expression of Nigerians.

In an open letter dated 9 April 2022 and signed by SERAP Deputy Director, Kolawole Oluwadare, the organisation said, “Blocking people from making calls undermines their ability to communicate freely and associate with others. It infringes on their rights to freedom of expression and family life, as well as socio-economic rights.

“The decision will have a chilling effect, dissuading the free expression of ideas and information.

“The decision to block people from making calls is also inconsistent and incompatible with the country’s international legal obligations to respect, protect, promote and facilitate economic and social rights. The decision contradicts the tenets of the rule of law, and democratic society.

“Immediately reversing the decision would be in conformity with the Nigerian Constitution of 1999 [as amended], and Nigeria’s international human rights obligations. Reversing the decision would also improve the confidence of the international community in human rights and the rule of law in Nigeria.”

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Obey ECOWAS judgment to end online harassments, SERAP advises Buhari.

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Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to enforce the judgment by the Economic Community of West African States (ECOWAS) Court of Justice, compelling him to delete the offence of ‘insulting or stalking public officials online’ from the Cybercrime Act.

The group also appealed to the Nigerian leader to urgently send an executive bill to the National Assembly to repeal the unlawful provisions and reform all laws that are inconsistent and incompatible with freedom of expression and media liberty.

The ruling, delivered by the court last week in Accra, Ghana followed the suit number ECW/CCJ/APP/09/19 brought by SERAP.

In the open letter dated April 2, 2022 and signed by its deputy director, Kolawole Oluwadare, the organisation said the verdict was victory for many Nigerians, who continue to face harassment, intimidation and unfair prosecutions solely for peacefully exercising their human rights online.

“The provisions of Section 24 of the Cybercrime Act among others criminalise sending or causing to be sent an offensive, insulting or annoying message via a computer system or network. The offence is punishable including by a fine of up to N7,000,000 or imprisonment of up to three years or both,” it noted.

SERAP had argued that the Federal Government and several state governments have used the “vaguely worded provisions of the Act to trample on the rights to freedom of expression and information of bloggers, journalists, activists and social media users.”

In the judgment delivered by Justice Gberi-De Quattara (presiding judge), Justice Dupe Atoki (member) and Justice Keikura Bangura (member), the court agreed and ruled that Section 24 of the law in question “is inconsistent and incompatible with Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party.”

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The court, therefore, ordered the government to amend the contentious section in accordance with Nigerian obligations under Article 1 of the African Charter on Human and Peoples’ Rights.

In the correspondence copied to the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, the body said the “immediate enforcement and implementation of the judgment by your government will be a victory for the rule of law, the right to freedom of expression and media freedom online.”

This will improve citizens’ participation in their own government and provide an impetus for the anti-corruption fight.”

It added: “By implementing the judgment, your government will be demonstrating Nigeria’s leadership within the ECOWAS sub-region, and sending a powerful message to other countries to embrace the rule of law and human rights.”

SERAP observed that “Article 15(4) of the ECOWAS Treaty makes the ruling of the court binding on member-states, including Nigeria. Also, Article 19(2) of the 1991 Protocol provides that the decisions of the court shall be final and immediately enforceable.”

It stated: “Non-compliance with the judgment of the court can be sanctioned under Article 24 of the Supplementary Protocol of the ECOWAS Court of Justice and Article 77 of the ECOWAS Treaty.”

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SERAP sues Buhari for failure to probe payment of security votes since 1999.

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The Socio-Economic Rights and Accountability Project (SERAP) has instituted a lawsuit against President Muhammadu Buhari over the failure of his administration to probe the “systemic mismanagement of security votes by state governors since 1999, and to ensure the prosecution of those suspected to be responsible.”

This was contained in a statement issued on Sunday by the SERAP Deputy Director, Kolawole Oluwadare in the aftermath of Buhari’s 2022 New Year Message in which he raised concerns about “the persistent insecurity in certain parts of the country,” and his promise in his 2015 inaugural speech to “check gross corruption and ensure that there is accountability at all levels of government in the country.”

The rights organisation filed the suit: FHC/L/CS/189/2022, last week at the Federal High Court in Lagos.

According to SERAP, “an order of mandamus to compel President Buhari to direct Mr. Abubakar Malami SAN, Attorney General of the Federation and Minister of Justice to probe allegations of systemic mismanagement of security votes by state governors since 1999.”

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It also sought “an order of mandamus to compel President Buhari to direct Mr. Abubakar Malami SAN to prosecute anyone suspected to be responsible, as appropriate; if there is sufficient admissible evidence, and to recover any mismanaged public funds.

“Compelling the Federal Government to probe the spending of security votes since 1999 would ensure accountability, and improve the ability of the government to deliver on the promises to ensure the security of Nigerians, and to keep them safe.

“It is in the interest of justice to grant this application. Ending impunity for allegations of corruption in the spending of security votes and recovering any mismanaged public funds are matters of public interest.”

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“The responsibility to guarantee and ensure the security and welfare of the Nigerian people is interlinked with the responsibility under Section 15(5) of the Nigerian Constitution, 1999 [as amended] to ‘abolish all corrupt practices and abuse of office.’ This imposes a fundamental obligation to ensure accountability for the spending of security votes by state governors.

“Pervasive tendency by public officers since 1999 to regard or treat security votes given to them for the security of the state as their personal entitlement or funds is antithetical to the Nigerian Constitution and international standards.

“Longstanding allegations of mismanagement of security votes have hugely contributed to the growing insecurity in the country, and the failure to ensure the security and welfare of Nigerians.

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“As revealed by a recent report by Transparency International (TI), most of the funds appropriated as security votes are spent on political activities, mismanaged or simply stolen. It is estimated that security votes add up to over N241.2 billion every year.

“While sitting state governors may enjoy immunity from arrest and prosecution, they do not enjoy immunity from investigation. Any allegations of mismanagement of security votes against sitting governors can and should be investigated pending the time they leave office and lose immunity.”

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Joined in the suit as Respondent is Mr Abubakar Malami, the Attorney-General of the Federation.

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

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In the news

EndSARs: SERAP, others sues NBC, Lai Mohammed for imposing N9M fine on Channels, AIT, others.

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The radio station was fined after an interview where a former Deputy Governor of the Central Bank of Nigeria, Obadiah Mailafia, said he got information that a Northern governor sponsored Boko Haram.

The Socio-Economic Rights and Accountability Project, 261 concerned Nigerians, civil society and media groups have filed a lawsuit against the National Broadcasting Commission and Minister of Information and Culture, Lai Mohammed.

The litigants are asking the court to declare as arbitrary, illegal and unconstitutional the N3m fine imposed on each of Channels, AIT and Arise TV for their coverage of the #EndSARS protests.

They are also asking the court to stop NBC from collecting the money.

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Acting Director-General of the NBC, Armstrong Idachaba, is joined in the suit as defendant.

The co-plaintiffs in the suit are 255 concerned Nigerians; Premium Times Services Limited; Centre for Journalism Innovation and Development; HEDA Resource Centre; International Centre for Investigative Reporting; African Centre for Media and Information Literacy; and Media Rights Agenda.

Idachaba, had last week announced fines of N9m on Channels, AIT, and Arise TV for purported “unprofessional coverage” of the #EndSARS protests across the country.

But in the suit number FHC/ABJ/CS/1436/2020 filed last Friday at the Federal High Court, Abuja, the plaintiffs are seeking an order setting aside the arbitrary, illegal and unconstitutional fines of N9m and any other penal sanction unilaterally imposed by the NBC and Mr Lai Mohammed on Channels, AIT and Arise TV, and on any other radio/television stations simply for carrying out their professional and constitutional duties.

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They argued that Section (2)(n) of the NBC Act and the Broadcasting Code are oppressive, and clearly inconsistent with the Nigerian constitution and the country’s international obligations.

The suit reads, “If the NBC and Lai Mohammed are allowed to continue to use these oppressive provisions against independent media in the guise of performing their statutory duties, the end result will be authoritarianism and denial of freedom and liberty.

“The NBC and Mr Lai Mohammed have consistently used broadcasting codes to suppress the watchdog roles of independent media, and to violate Nigerians’ human rights, including the rights to freedom of expression, to disseminate and receive information, and hold their government and public officials to account.

“The action by the NBC and Mr Lai Mohammed is arbitrary, illegal and unconstitutional, as it is contrary to section 39 of the Nigerian constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights, which Nigeria has ratified. Their action is apparently aimed to clampdown on media freedom and Nigerians’ human rights.”

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The plaintiffs are also seeking an order setting aside the fine of N5m and any other penal sanction unilaterally imposed by the NBC and Mr Lai Mohammed on Nigeria Info 99.3 FM Lagos, simply for carrying out its professional and constitutional duties.

The suit filed on behalf of the plaintiffs by their lawyers Kolawole Oluwadare, Adelanke Aremo and Opeyemi Owolabi, reads in part, “A fine is a criminal sanction and only the court is empowered by the constitution to impose it. Fine imposed by regulatory agencies like the NBC without recourse to the courts is illegal, unconstitutional and offends the sacred principles of natural justice and fairness.

“It is the duty of the government to allow the legal and judicial powers of the state to function properly. Imposing any fine whatsoever without due process of law is arbitrary, as it contravenes the principles of ‘nemo judex in causa sua’ which literally means ‘one cannot be a judge in his own cause’ and ‘audi alteram partem’ which literally means ‘no one should be condemned unheard’.

“The NBC, being a regulatory body, is not empowered by law to act as the prosecutor and the judge; all at the same time. We humbly urge the court to set aside the unlawful and unconstitutional fines imposed on independent media houses, and to uphold the sanctity of the Nigerian constitution, Nigerians’ human rights, media freedom, and the rule of law.”

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N800BN Loot: SERAP sues Buhari. [Nigeria]

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The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari over failure to publish details of the N800bn recovered loot.

In a statement issued on Sunday by SERAP Deputy Director, Kolawole Oluwadare, the group wants the Federal Government to “disclose information and documents relating to the names of people from whom N800 billion in looted public funds have been recovered, specific dates of the recovery, and details of projects on which the money has been spent.”

The group recalled that during the Democracy Day on June 12, President Buhari revealed that his administration has recovered looted funds more than N800billion which were being used for infrastructural projects.

But in the suit number FHC/ABJ/CS/1064/2020 filed at the Federal High Court in Abuja, SERAP sought for “an order for leave to apply for judicial review and an order of mandamus to direct and/or compel President Buhari to publish a comprehensive list of names of people from whom N800 billion in looted funds have been recovered, the details of spending of the money, and the specific dates of the recovery.”

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Joined in the suit as Respondents are the Minister of Justice and Attorney General of the Federation, Abubakar Malami and the the Minister of Finance, Budget and National Planning, Mrs Zainab Ahmed.

SEE FULL STATEMENT HERE:

SERAP sues Buhari over ‘failure to publish details of N800bn recovered loot’

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari over failure to “disclose information and documents relating to the names of people from whom N800 billion in looted public funds have been recovered, specific dates of the recovery, and details of projects on which the money has been spent.”

The President had in paragraph 78 of his speech to mark the occasion of the Democracy Day on June 12, 2020, stated that: “the government has recovered looted funds in excess of N800 billion. These monies are being ploughed into development and infrastructure projects.”

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In the suit number FHC/ABJ/CS/1064/2020 filed last Friday at the Federal High Court, Abuja, SERAP is seeking: “an order for leave to apply for judicial review and an order of mandamus to direct and/or compel President Buhari to publish a comprehensive list of names of people from whom N800 billion in looted funds have been recovered, the details of spending of the money, and the specific dates of the recovery.”

SERAP is also seeking: “an order of mandamus to direct and compel President Buhari to instruct appropriate anti-corruption agencies to promptly, thoroughly and transparently investigate alleged payment of N51 billion of public funds into individual private accounts in 2019.”

Joined in the suit as Respondents are Mr Abubakar Malami, SAN, Attorney General of the Federation and Minister of Justice, and Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning.

In the suit, SERAP is arguing that: “The court ought to compel the Respondents to disclose the details and whereabouts of the public funds. There is no legally justifiable reason why the information should not be made widely available to Nigerians, especially as the Nigerian Constitution of 1999 (as amended) requires the government in section 15(5) to abolish all forms of corruption. That means ensuring transparency and accountability in the management of public resources and wealth.”

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The suit followed SERAP’s Freedom of Information (FoI) request dated 13 June, 2020 to President Buhari, stating that: “The public has a right to know how recovered N800bn loot has been spent, and the details and purpose of the alleged payments of N51bn into individual private accounts. Transparency over transactions by the government is critical to ensuring public confidence in the integrity of management of public resources and wealth.”

SERAP is also arguing that: “Granting the reliefs sought will ensure transparency and accountability, as the information sought to be published will reveal the truth of where money is going and why it is there, and allow Nigerians an opportunity to assess the impacts of any projects carried out with the recovered loot and the alleged payments into individual private accounts.”

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “As a signatory to the UN Convention against Corruption, the African Union Convention on Preventing and Combating Corruption, and the African Charter on Human and Peoples’ Rights, Nigeria has committed to ensure transparent management of public resources, and unhindered access to public information. These commitments ought to be fully upheld and respected.”

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“Transparency and accountability in governance is in the public interest. Publishing the details regarding the N800 billion recovered loot and investigating the alleged suspicious payments into personal accounts would be entirely consistent with Nigeria’s international anti-corruption commitments.”

“The authorities are required to set the highest standards of transparency, accountability and probity in the management of these resources and wealth, and the programmes that they oversee.”

“Disclosing the details of projects on which the N800bn recovered loot have been spent and publishing a comprehensive list of names of people from whom they have been recovered, as well as investigating alleged payment of billions of naira into individual private accounts, would be entirely consistent with the oft-expressed anti-corruption commitments by the government.”

It would be recalled that BudgIT, a civic tech organization, recently reported that “the open treasury portal by the federal government allegedly showed that payments totalling N51bn were made into individual accounts in 2019.”

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

Kolawole Oluwadare

SERAP Deputy Director

30/08/2020

Lagos, Nigeria

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SERAP writes Buhari, seeks reversal of N5M hate speech fine.

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The Socio-Economic Rights and Accountability Project (SERAP) has written to President Muhammadu Buhari asking him to instruct the Minister of Information and Culture Lai Mohammed and the National Broadcasting Commission (NBC) to withdraw the 5million naira fine on hate speech.

In the letter, the commission asked President Buhari to direct the Information Minister and the NBC to immediately rescind the fine of N5m imposed on Nigeria Info 99.3 FM radio station, following the reported comments by a former Deputy Governor of the Central Bank of Nigeria, Obadiah Malafia, during an interview with the station.

The NBC last week reportedly issued a stern warning to journalists and broadcast stations, stating: “To denigrate our governors, lawmakers, elders, and leaders in abusive terms is not our culture, we respect our leaders as a positive cultural value.

“The Commission may be compelled to impose sanctions where stations fail to curb this practice.

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SERAP in a statement by its Deputy Director, Kolawole Oluwadare, said: “Rather than pushing to enforce a culture to respect president, governors, lawmakers, elders, and other leaders, the Information Minister and the NBC should use their entrusted public office and mandates to promote a culture of public debate, access to information, transparency and accountability in government.”

The organisation stated that nothing can be more destructive to people’s exercise of basic human rights, and to democratic politics than the suppression of the media, and media freedom, the alleged ‘cultural codes’, which Mr. Mohammed and NBC are now using to punish journalists, broadcast stations and other Nigerians are patently contrary to the public interests.

The statement explained that implementation of the code and the memo would further deter meaningful citizens’ engagement, and have a chilling effect on Nigerians’ human rights, particularly the rights to freedom of expression and access to information, undermine the idea of representative democracy, as well as make public officials less responsive to the people.”

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The letter, a copy of which was sent to Mr. Lai Mohammed, read in part: “We would be grateful if the requested action and measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then that the measures have been taken, the Registered Trustees of SERAP shall take all appropriate legal actions to compel you to do so in the public interest.”

“Our requests are entirely consistent and compatible with the Nigerian Constitution of 1999 (as amended), and the country’s international legal obligations, including under the UN Convention against Corruption, the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights, to which the country is a state party.”

“SERAP is seriously concerned that the implementation of the code and the memo would lead to unjust punishment and self-censorship among journalists and the media, and exacerbate the growing level of impunity for attacks on media freedom.”

“Self-censorship would undermine media freedom and the right to receive and impart information, public debate and further impair the ability of Nigerians to hold to account public officials and politicians accused of grand corruption.”

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“SERAP is concerned that the action by Mr. Mohammed and NBC has further undermined public trust in government and politicians, as it shows that public officials are taking for granted their entrusted public functions, and accountability to Nigerians.”

“The speed at which the code and the memo have been issued and applied may lead to public suspicion that the authorities are deliberately pushing to undermine the ability of journalists and the media to report on public interest issues, such as the growing poverty, widespread violence and killings, poor quality education, poor infrastructure and lack of access of millions of Nigerians to basic public goods and services.”

“SERAP is concerned that rather than addressing these matters of public interest and revelations of massive allegations of corruption and mismanagement in ministries, departments, and agencies (MDAs), your government is devoting time and energy to stop the media and journalists from reporting on the issues.”

“Transparency would build trust and confidence in the government. The public interest in transparency and public monitoring of the use and management of the country’s natural wealth and resources by politicians outweighs any perceived cultural injunctions of ‘respect for Presidents, governors, lawmakers, and other leaders.

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“Transparency will mean little without media freedom, which is important to shine a light into government activities and bring matters to the attention of the public. Public debate and access to information would promote a culture of transparency, and accountability, which in turn would facilitate Nigerians’ right to participate in their own government.

“In a truly representative democracy that Nigeria is striving to become, those who venture into public life, whether in the capacity of president, governor, or lawmakers, must expect to have their constitutional and public functions subjected to scrutiny and public discussion.

“By allowing journalists and the media to freely and independently perform their roles of informing the public, Nigerians will be able to monitor and keep politicians on a tighter leash, which will contribute to good government.

“The code and the memo are illegal, unconstitutional and amount to a misuse of public office insofar as they blatantly fail to follow due process of law, meet basic constitutional and international fair trial standards, and a strict three-part test of legality, necessity, and proportionality.

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“According to the UN Human Rights Committee, the free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion.”

According to SERAP, the European Court of Human Rights has repeatedly held that freedom of expression constitutes one of the essential foundations of a democratic society. It is applicable not only to information or ideas that are favourably received or regarded as inoffensive or as a matter of indifference but also to those that offend, shock or disturb the State or any sector of the population.

“The NBC on Thursday 13 August 2020 reportedly sent a ‘memo’ to journalists and broadcasters threatening to ‘sanction and punish them if they violate a culture stopping them from denigrating, disrespecting, insulting, and abusing president, governors, lawmakers, and other elders and leaders in authority.

“In the memo reportedly signed by Mr. Chibuike Ogwumike, Zonal Director of the NBC Lagos office, the NBC cited the provisions of the Broadcasting Code: Section 3.1, Professional Rules: 3.1.1, and Broadcasting Code: 3.1.19 to justify the existence of such culture to respect public officials and other elders and leaders in authority in the country.”

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SERAP, therefore, urges President Buhari to urgently:

  1. Instruct Lai Mohammed and the NBC to immediately withdraw the code and memo to journalists and broadcasters threatening to sanction and punish them on the basis of cultural codes prohibiting them from denigrating, disrespecting, insulting and abusing president, governors, lawmakers, and other elders and leaders in authority;
  2. Instruct Lai Mohammed and the NBC to immediately rescind the apparently illegal fine of N5m imposed on Nigeria Info 99.3 FM radio station;
  3. Propose and promote rules and codes that would ensure a culture of public accountability, prevent grand corruption, curtail abuse of power by public officials and politicians, as well as improve a democratic relationship and engagement between citizens and the government;
  4. Publicly commit to enforcing constitutional and international human rights of journalists and the media and all Nigerians, and to faithfully fulfill your constitutional oath of office;
  5. Publicly commit to restoring public trust in government, and to respect and protect the constitutional rights of journalists and the media to report on allegations of corruption and other socio-economic challenges confronting the country

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$114.28BN World Bank’s credit to Nigeria: Make thorough scrutiny – SERAP

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Socio-Economic Rights and Accountability Project, (SERAP) has sent an open letter to the World Bank President Mr David Malpass, urging him to use his “good offices to encourage the Federal Government and 36 state governments to publicly commit to transparency and accountability in the spending of the $114.28m credit and grant for COVID-19, which the Bank’s Board of Directors recently approved for Nigeria, including by publishing details on a dedicated website.”

SERAP also urged Mr Malpass to “put pressure on authorities and the 36 state governors to accept voluntary scrutiny by Nigerians and civil society regarding the spending of the funds and use of the resources, including on how they will spend the money to buy medical equipment, and improve access to clean water, sanitation and hygiene.”

The World Bank Board of Directors last Friday approved a $114.28 financing “to help Nigeria prevent, detect and respond to the threat posed by COVID-19 with a specific focus on state level responses.” According to the Bank, the $100 million credit with Project ID number: P173980, is due to be paid back over 30 years, with additional 5 years grace period.

In the letter dated 8 August, 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “The World Bank has a responsibility to ensure that federal authorities and state governments are transparent and accountable to Nigerians in how they spend the approved credit and grant. The Bank should tread carefully in the disbursement of funds or distribution of resources to states if it is to reduce vulnerability to corruption and mismanagement.”

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SERAP expressed “serious concerns that the money and resources may be stolen, diverted or mismanaged by state governors without effective transparency and accountability mechanisms, especially given increasing reports of allegations of corruption and mismanagement of COVID-19 funds by agencies of the Federal Government and state governments, and impunity of perpetrators.”

SERAP said: “Insisting on transparency and accountability would ensure repayment of the credit, and protect the project objectives and intended purposes for which the funds and resources are approved, disbursed and distributed.”

According to SERAP, “The Bank’s power to provide credits and grants is coupled with a fiduciary responsibility to ensure that governments spending such funds meet international standards of transparency and accountability, including those entrenched in the UN Convention against Corruption to which Nigeria is a state party.”

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The letter copied to Shubham Chaudhuri, World Bank Country Director for Nigeria, read in part: “Implementing these recommendations would prevent a repeat of alleged diversion and mismanagement of recovered Abacha loot disbursed by the Federal Government to state governments.”

“The World Bank should make clear to all the governors that it will cancel the credit and grant should they renege on their transparency and accountability commitments to spend the money and use the resources exclusively for COVID-19 related projects, and not to steal, divert or mismanage them.”

“As the level of Federal Government monitoring of the spending of the credit and grant and use of the resources by state governors may be based on political considerations, the Bank’s influence might be the only restraining force state governors will take seriously.”

“SERAP encourages you and the World Bank in any future engagements with state governments in Nigeria to insist on accessing the information on how governors are spending security votes, and the amounts of public funds states are allocating to pay former governors life pensions, among others, as well as consider the level of corruption within each state before approving any credits and grants.”

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“SERAP also encourages you and the World Bank not to sacrifice international standards of transparency and accountability in the rush to provide COVID-19 credit and grant to the 36 state governments.”

“According to our information, the World Bank Board of Directors on Friday, 7 August, 2020 approved a $114.28 financing “to help Nigeria prevent, detect and respond to the threat posed by COVID-19 with a specific focus on state-level responses.”

“This includes $100 million credit from the International Development Association (IDA) and $14.28 million grant from the Pandemic Emergency Financing Facility.”

“SERAP notes that the Government of Nigeria is expected to disburse the money and distribute the resources to the 36 state governments and the Federal Capital Territory (FCT) as ‘immediate support to break the chain of COVID-19 local transmission and limit the spread of coronavirus through containment and mitigation strategies.’”

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“The approved money will also “help to finance federal procurements of medical equipment, laboratory tests, and medicines to be distributed to the states based on their needs, and to provide support to laboratories for early detection and confirmation; equipping and renovating isolation and treatment centers including community support centers; and improving in patient transfer systems through the financing of ambulances and training.”

SERAP, therefore, urged Mr. Malpass and the World Bank to:

Disclose and widely publish the terms and conditions of the credit and grant, and the exact amount repayable by Nigeria in 30 years’ time, including the details of the interest, if any; and the consequences of Nigeria defaulting;

Ask President Muhammadu Buhari to instruct the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to jointly track and monitor spending of the credit and grant by state governments;

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Ask state governments to allow the media to freely report on their spending of the funds and use of the resources, and not to clamp down on journalists and the media in the exercise of their constitutional responsibilities to expose corruption and hold governments to account;

Ask state governments to explicitly commit to encouraging and protecting whistle-blowers as a way of ensuring that the funds and resources are not stolen, diverted or mismanaged;

Clarify if, to the Bank’s knowledge and information, the credit and grant have been approved by Nigeria’s National Assembly pursuant to its constitutional duties, including its oversight functions under Section 88 of the 1999 Constitution (as amended);

Ensure increased transparency of sanctions and terms and conditions of the credit and grant to each state to enable Nigerians to ask questions as to the spending of the money and use of the resources from their state governments.

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#RevolutionNow: SERAP fault attacks on protesters

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Socio-Economic Rights and Accountability Project (SERAP) has “strongly condemned reported violent attacks on #RevolutionNow protesters in Abuja, Osogbo, and other parts of the country.

SERAP said the government of President Muhammadu Buhari must end the use of excessive force against protesters, and allow people to peacefully exercise their human rights.

The Department of State Services today reportedly arrested Olawale Bakare and six other #RevolutionNow protesters wearing orange-colored caps around the Olaiya area of Osogbo, Osun State capital. Several protesters were also arrested by the police and the Nigerian Army in the Abuja metropolis.

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In a statement today by SERAP deputy director Kolawole Oluwadare, the organization said: “By failing to adequately protect protesters from violent attacks, Nigerian authorities have blatantly violated their obligations under the Nigerian Constitution of 1999 (as amended), the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights to which Nigeria is a state party.”

“Nobody should be arrested or subjected to torture and ill-treatment simply for taking part in peaceful protests. The authorities should stop criminalising peaceful protesters.”

“Rather than suppressing peaceful protests, the authorities ought to protect peaceful protesters and ensure a safe and enabling environment for people to exercise their constitutionally and internationally guaranteed rights to freedom of expression and peaceful assembly.”

“SERAP urges the authorities to immediately and unconditionally release all those arrested, promptly investigate attacks on protesters, and identify security agents suspected to be responsible and bring them to justice.”

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“Nigerian authorities need to take seriously the protesters’ socio-economic grievances, including by immediately taking measures to genuinely fight grand corruption, and improve access of Nigerians to basic public goods and services.”

“SERAP urges the international community including the UN Human Rights Council, the Office of the High Commissioner for Human Rights, the African Union and the African Commission on Human and Peoples’ Rights to publicly condemn attacks on peaceful protests and to put pressure on the Nigerian authorities to effectively investigate attacks on protesters, prosecute perpetrators and to respect and protect the human rights of everyone.”

“Nigerian constitution and human rights treaties to which Nigeria is a state party guarantee the rights to liberty and security of person, freedom from arbitrary detention, freedom of expression, and the right of peaceful assembly.”

“The UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials prohibit the use of excessive force against peaceful protesters.”

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Order Buhari to publish loan details since 2015 – SERAP tells Court

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The Socio-Economic Rights and Accountability Project (SERAP) has asked the Federal High Court in Abuja to order President Muhammadu Buhari to publish the details of loans that have been obtained by his administration since May 29, 2015.

In a statement on Sunday by its Deputy Director, Kolawole Oluwadare, SERAP also sought the details of the interest rate on such loans, the total amount of debts that have so far been incurred by the government, and details of the projects on which the loans have been spent.

It made the request in a suit marked FHC/ABJ/CS/785/2020 filed before the court in the nation’s capital.

Also joined as respondents include the Attorney General of the Federation and Minister of Justice, Abubakar Malami; Minister of Finance, Budget and National Planning, Zainab Ahmed; and Director-General of the Debt Management Office, Patience Oniha.

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However, no date has been fixed for the hearing of the suit.

The National Assembly had approved a loan of N850 billion and another $22.79 billion loan requested by the President for government projects and others.

Stolen Loans?
In its reaction, SERAP sought “an order of mandamus to direct and compel President Buhari to tell Nigerians the names of countries and bodies that have given the loans, specific repayment conditions, and whether any public officers solicited and/or received bribes in the negotiations for any of the loans, and if there is plan to audit the spending of the loans, to resolve any allegations of mismanagement and corruption.”

It also asked the court to “direct and compel President Buhari to tell Nigerians if he would instruct the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) to monitor the spending of all loans obtained since May 2015.”

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The group believes the opacity in the spending of loans will continue to have negative impacts on the fundamental interests of citizens.

It, however, stressed that transparency would ensure that the loans were not diverted to private pockets, increase public trust that such loans would be used to benefit Nigerians, provide good value for money, and reassure Nigeria’s creditors.

“This suit is permitted under the Freedom of Information (FoI) Act, the African Charter on Human and Peoples’ Rights, and the UN Convention against Corruption to which Nigeria is a state party.

“While access to loans can provide indispensable resources, the mismanagement and squandering of any such resources would be counter-productive. Nigerians should no longer be made to repay debts incurred in their name, but which have not benefited them in any manner, shape, or form,” the group said.

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It explained that the suit followed its FoI request dated May 30, 2020 and addressed to the President in which it raised concerns that while governments since 1999 have borrowed money in the name of Nigeria and its citizens, much of the funds have reportedly been mismanaged, stolen or squandered, leaving the citizens with the burden of having to repay such loans.

The suit filed on behalf of SERAP by its lawyers Oluwadare and Adelanke Aremo, read,

The massive and growing national debts have continued to have negative impacts on socio-economic development and on Nigerians’ access to public goods and services, including quality education, adequate healthcare, clean water, and regular electricity supply.

SERAP is praying the court to hold that the interest of the public in publishing the information sought is far greater than any other interest President Buhari may be trying to preserve.

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Transparency and accountability in the spending details of all the loans that have so far been obtained by the government, and those obtained by previous administrations would mean that the loans can help Nigeria to overcome its acute development challenges, and reduce the possibility of mismanagement and corruption.

SERAP is seeking an order to direct and compel President Buhari to disclose information on details of spending of loans obtained by successive governments since the return of democracy in 1999, list of countries and bodies that have given the loans, and specific conditions of repayment of the loans.

Obedience to the rule of law by all citizens but more particularly those who publicly took the oath of office to protect and preserve the constitution is a desideratum to good governance and respect for the rule of law.

The Nigeria Government has signed on to the Open Government Partnership [OGP], and the country is a state party to the UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption.

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SERAP seeks bill – asks Lawan, Gbajabiamila to publish corruption probes report

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Socio-Economic Rights and Accountability Project (SERAP) has sent Freedom of Information (FoI) requests to the Senate President, Dr Ahmad Lawan; and Speaker of House of Representatives, Mr Femi Gbajabiamila, urging them to use their “good offices and leadership positions to urgently publish all reports of completed public hearings and corruption probes by the National Assembly since the return of democracy in 1999.”

The organization also urged them to “disclose the number and details of public hearings and corruption probes by the National Assembly that have resulted in any indictment of suspects, and to name such suspects. The reports should be sent to appropriate anti-corruption agencies to consider if there is sufficient admissible evidence to pursue prosecution.”

In the FoI requests dated 25 July, 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Publishing the reports of hearings and probes would bolster public trust and confidence in the oversight functions, and dispel the perception that many of these hearings and probes are politically motivated and serve personal interest, rather than the general public interests.”

SERAP said: “The most effective way to deter corruption is to make the cost of engaging in these types of acts higher than the rewards. This end can only be accomplished by making public the reports and pursuing public accountability for corrupt acts. Doing so would also give Nigerians greater confidence that their lawmakers can use their constitutional oversight functions to address corruption in Nigeria.”

The FoI requests, read in part: “We urge you to sponsor a resolution to stop lawmakers from directly getting involved in the execution of projects by ministries, departments and agencies (MDAs) to ensure the proper and effective exercise of oversight functions, including investigations of corruption allegations, such as those involving the Niger Delta Development Commission (NDDC) and Nigeria Social Insurance Trust Fund (NSITF).”

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“We also urge you to urgently use the opportunity of the ongoing public hearings and corruption probes to influence Nigeria’s anti-corruption agenda, including by immediately amending section 52 of the Independent Corrupt Practices and Other Related Offences Act on independent counsel for corruption.”

“Section 52 requires the Chief Justice of Nigeria to authorise an independent counsel to investigate any allegation of corruption against high level public officials, and to report his/her findings to the National Assembly or appropriate house of assembly.”

“The proposed amendment should include additional requirements beyond merely reporting to lawmakers, that would allow the independent counsel to use the findings of any investigation as a basis to pursue effective prosecution of corruption cases without any authorisation by the executive or the National Assembly.”

“SERAP notes that both the Senate and House of Representatives have over the years conducted several public hearings and corruption probes to expose pervasive problem of corruption in MDAs.”

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“SERAP is concerned about the systemic and widespread corruption allegations in MDAs and among high-ranking public officials, and the negative impacts on socio-economic development, as well as access of Nigerians to public goods and services, including quality education, adequate healthcare, clean water and regular electricity supply.”

“We would be grateful if the requested information is provided to us within 7 days of the receipt and/or publication of the FoI requests. If we have not heard from you by then, the Registered Trustees of SERAP shall take all appropriate legal actions under the Freedom of Information Act and the African Charter on Human and Peoples’ Rights to compel you to comply with our requests.”

“The exercise of oversight functions and powers by the National Assembly to conduct public hearings and corruption probes in MDAs should be regarded as a public trust.”

“The National Assembly has a unique opportunity to enhance transparency and accountability, as well as the integrity of its oversight functions on corruption matters in particular, and other constitutional roles, in general, including by publishing widely the reports of all corruption-related public hearings since 1999.”

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“There is legitimate public interest in the publication of the reports of these public hearings and probes. The public hearings and probes can only serve as effective mechanisms to prevent and combat corruption if their reports are widely published.”

“By Section 1 (1) of the Freedom of Information (FoI) Act 2011, SERAP is entitled as of right to request for or gain access to information, including information on reports of all public hearings and corruption probes by the National Assembly since 1999.”

    “By Section 4 (a) of the FoI Act, when a person makes a request for information from a public official, institution or agency, the public official, institution or urgency to whom the application is directed is under a binding legal obligation to provide the applicant with the information requested for, except as otherwise provided by the Act, within 7 days after the application is received.”

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    SERAP praise TI for naming Nigeria 2nd most corrupt country in W/A

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    The Federal Government has berated Transparency International for naming Nigeria as the second most corrupt country in West Africa.

    The Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), said there was no evidence to back the report by TI which placed Nigeria at 146 out of the 180 countries on the 2019 corruption perception index.

    Nigeria was named the second most corrupt country in West Africa only ahead of Guinea Bissau.

    Groups, including the Peoples Democratic Party and Socio-Economic Rights and Accountability Project, said the rating was an indication that the President, Major General Muhammadu Buhari’s (retd.) anti-corruption war had failed.

    Rating has no bearing with reality — Malami

    In an interview on Thursday, Malami said the TI’s report had no bearing on reality.

    He said, “In terms of the fight against corruption, we have been doing more, we have done more and we will continue to do more out of inherent conviction and desire on our part to fight against corruption devoid of any extraneous considerations relating to the rating by Transparency International.

    “Our resolve to fight corruption is inherent and indeed devoid of any extraneous considerations, we will continue to do more and we will redouble our efforts.”

    Malami said there was nothing that had not been done as a nation in the fight against corruption.

    Nigeria has slipped on the TI’s Corruption Perception Index 2019, scoring 26 per cent.

    Nigeria scored 27 out of 100 in TI’s 2018 report but dropped by a point in 2019, making Africa’s most populous country take the 146th position.

    The TI’s latest report states that Africa’s most populous country, like most other countries in Sub-Saharan nations, has continued to witness a high rate of corruption which had worsened due to vote buying.

    The report shows that despite the corruption war being championed by Buhari in the last four and a half years, Nigeria has failed to score higher than 28 per cent.

    Nigeria scored 28 out of 100 in 2016 and 2017 but fell in 2018 to 27 and fell further to 26 in 2019.

    In the latest report, Nigeria scored the same as Iran, Honduras, Guatemala, Bangladesh, Mozambique and Angola.

    Out of 180 countries surveyed, Nigeria scored better than only 28.

    They include Comoros, Cameroon, Central African Republic, Uzbekistan, Tajikistan, Madagascar, Zimbabwe, Eritrea, Nicaragua, Cambodia, Chad, Iraq, Burundi, Congo, Turkmenistan, Haiti, Democratic Republic of Congo, Libya, Guinea-Bissau, North Korea, Venezuela, Equatorial Guinea, Sudan, Afghanistan, Yemen, Syria, South Sudan and Somalia.

    The TI survey measures public sector corruption in 180 countries.

    The countries with the highest scores were New Zealand and Denmark which both scored 87 out of 100.

    Others that were highly placed include Finland (86), Switzerland (85), Singapore (85), Sweden (85), Norway (84), Netherlands (82), Luxembourg (80) and Germany (80).

    TI report validates our stand — PDP

    The PDP, in a statement on Thursday by its spokesman, Kola Ologbondiyan, said the rating validated its position that corruption had worsened under Buhari.

    The PDP described as a national embarrassment that under an administration by the same leader who wore the medal as “African Union Anti-Corruption Champion” and whose government boasted of zero tolerance for corruption, Nigeria ranked the second most corrupt country in West Africa.

    He said the PDP had since been challenging the Buhari Presidency and the APC to come clean, account for the over N14tn allegedly stolen by the APC leaders from government coffers in the last four years.

    Buhari’s anti-graft war backsliding, says SERAP

    On its part, SERAP said Nigeria’s downward slip on the TI’s corruption perception Index should not come as a surprise to anyone.

    SERAP’s Deputy Director, Kolawole Oludare, said the 2019 TI Corruption Perceptions Index, which showed that Nigeria’s corruption rating had worsened from 2018, confirmed the belief that Buhari’s anti-graft war was backsliding.

    The group advised the Federal Government to accept the report and implement the recommendations rather than dismiss it.

    Oludare said, “Nigeria’s score on Transparency International’s Corruption Perception Index 2019 is hardly surprising but suggests that the fight against corruption in the country has not improved, and in fact remains at the level of the 2015 ranking in which Nigeria also scored 26.

    “With an average of 32, sub-Saharan Africa’s performance paints a bleak picture of inaction against corruption.

    “The authorities should not simply dismiss the ranking. Going forward, Nigerian authorities must embrace the recommendations by TI and set some benchmarks for anti-corruption improvements in the coming years.”

    Rating rubbished Buhari’s fight against corruption — CISLAC

    On its part, the Civil Society Legislative Advocacy Centre said the 2019 CPI had rubbished Buhari’s fight against corruption, which started in 2015.

    In a statement on Thursday by its Director, Auwal Rafsanjani, CISLAC said with government’s selective respect for rule of law; clampdown on journalists and activists; institutional corruption, including votebuying within political parties; and lack of transparency in the management of recovered loots, Nigeria’s corruption rating under Buhari could not but get worse.

    Rating jaundiced, illogical — EFCC

    But the Economic and Financial Crimes Commission condemned the TI’s report.

    It faulted the ranking and described as appalling, “the bogus and ambiguous criteria used by TI to arrive at what can best be described as a jaundiced and illogical rating.”

    The acting EFCC spokesman, Tony Orilade, said in a statement, “We insist that the rating is a far cry from the evident strides and achievements so far accomplished by the anti-graft agency in the fight against corruption, particularly under the administration of President Muhammadu Buhari.”

    The agency further argued that the TI index did not show real incidence of corruption, “yet it claims that the report is a reliable indication of the perception of the Nigerian public and the international community about the state of corruption in the country.”

    The EFCC contended that 2019 — the year under review by TI — was particularly a remarkable one as it secured a record 1,268 convictions, including that of a former state governor and a serving senator who was convicted for defrauding his state to the tune of N7.65bn.

    The agency said it was on record that three former state governors were serving different jail terms in prison for defrauding their states and stealing from the treasury to enrich themselves and their cronies.

    It noted, “The commission has also not given up on its unrelenting efforts to ensure that a former Minister of Petroleum Resources, Mrs Diezani Alison-Madueke, is made to answer for the various malfeasance perpetrated under her, in spite of the obvious reluctance of the United Kingdom to repatriate her to Nigeria.”

    The EFCC accused TI of failing to acknowledge its achievements, adding that the group has “its own hidden agenda.”

    BMO faults TI corruption report

    Also, the Buhari Media Organisation said the picture painted by TI was opaque and not a reflection of the reality on the ground.

    The Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN)

    In a statement by its Chairman, Niyi Akinsiju, and Secretary, Cassidy Madueke, the BMO said it was uncharitable for TI to conclude that the anti-graft war in Nigeria was not delivering results.

    “Here is a group that went to some length to acknowledge that President Muhammadu Buhari has since 2015 introduced what it described as important reforms that have saved billions of naira.”

    #Newsworthy…

    In the news

    You will know – Senate tells SERAP, BudgIT, others

    Senator Godiya Akwashiki, the acting Chairman, Senate Committee on Media and Public Affairs, said the leadership of the red chamber was not bothered by the public outcry and lawsuit initiated against the N37bn allocated to the Federal Capital Development Authority for the renovation of the National Assembly complex.

    The Socio-Economic Rights and Accountability Project, BudgIT, Enough is Enough, and 583 concerned Nigerians had filed a suit asking the Federal High Court in Abuja, to restrain President Muhammadu Buhari, the leadership of the National Assembly and others from releasing N37bn allocated to the Federal Capital Development Authority for the renovation of the National Assembly until an impact assessment of the spending was carried out.

    When contacted to know if the red chamber had raised a legal team to respond to the lawsuit, the Senate spokesperson said, “They (SERAP and others) are wasting their time. We don’t have anything to tell them in court. National Assembly doesn’t know anything about what they are talking about.

    “We don’t know how they (the FCDA) arrive at their figure. The money is also not in our budget; so, why are they taking us to court when the building does not even belong to us.

    “Don’t worry, when we get there, you will know.”

    Akwashiki had, in an interview with journalists on Monday, explained that the leadership of the National Assembly only informed the owners of the complex, when the building was giving signs of imminent collapse.

    He noted that the leadership and the management of the federal parliament would neither be involved in the award of the contract nor fund it from their budget, The Punch reported.

    #Newsworthy…

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    SERAP Sue FCT for unnecessary payment of life pension (Read..)

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    ….heating date yet to be fixed

    Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit asking the Federal Capital Territory (FCT) High Court to declare the life pension edict/law 2019, passed by the Abuja Municipal Area Council (AMAC) null, void, illegal and unconstitutional; and to restrain and stop AMAC, its chairman; deputy chairman; speaker; legislature and/or their agents from paying life pensions to former officials, and ultimately, to themselves under the edict/law.”

    SERAP is also seeking: “an order to direct and compel AMAC, its chairman; deputy chairman; speaker; and legislature to recover all previous payments made under the AMAC life pension edict/law, from those who have already collected pensions, and to return same to the coffers of the council so that the public funds can be spent to provide public goods and services for residents.”

    In the suit number CV/840/2020 filed last Friday, SERAP said: “The AMAC edict granting life pensions to ex-officials is a blatant usurpation of the constitutional powers of the National Assembly. Unless stopped, AMAC and its officials will spend millions and ultimately, billions of taxpayers’ money on life pensions, the council’s funds that should be spent to address the poor state of basic amenities and deficits in educational institutions, primary healthcare facilities, potable water, sanitation and infrastructural needs of the residents within the council’s area.”

    The suit followed SERAP’s open letter dated 11 October, 2019 to Mr Abdullahi Adamu Candido, chairman of AMAC, urging him to: “urgently withdraw and revoke the edict for the unconstitutional and illegal payment of life pensions to former chairmen, vice-chairmen, speakers and other officials of AMAC.”

    According to SERAP: “The court should exercise its inherent and statutory powers to defend the sanctity of the Nigerian Constitution 1999 (as amended), and hold that the AMAC pension edict is unconstitutional and stop any payment of pensions under the said edict. Unless the reliefs sought are granted, AMAC and its officials will continue to use the pension edict for personal gain, in breach of constitutional provisions, and at the expense of the people and residents of council’s area. This is what the provisions of Section 1, Part 1, Fifth Schedule of the Constitution expressly forbids.”

    SERAP is also seeking “a declaration that AMAC and its officials have no constitutional or statutory authority whatsoever to enact any pension edict/law for the benefit of former officials, and ultimately, for their own benefit.”

    SERAP also said: “Under the pension edict, AMAC’s past council chairmen would receive an annual pension of N500,000; former vice chairmen are to receive N300,000 each while former speakers will be paid N200,000 each.”

    The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “The edict is entirely inconsistent with the with the provisions of Item 44, Second Schedule, Part 1 Nigerian Constitution, and to that extent, the law is null, void, illegal and unconstitutional.”

    “It is only the National Assembly that has power to make laws on pension under the Nigerian Constitution. AMAC and its officials went beyond the scope of their constitutional powers to make laws on payment of annual pensions for the council’s former chairmen, former vice-chairmen and former speakers.

    “The payment of life pensions to the council’s chairmen, vice-chairmen and speakers would cause massive financial crisis and cripple the council’s ability to discharge its mandates of providing public goods and services to the people of Abuja. It would also put in jeopardy citizens’ access to those services.

    “The payment of life pensions to AMAC’s former officials is a copycat of the unconstitutional and illegal life pension laws that have been passed by several of the 36 state governments in Nigeria.

    “SERAP is asking the court for a declaration that the AMAC life pension edict was passed contrary to AMAC and its officials’ powers in Fourth Schedule, Part III of the Nigerian Constitution. The AMAC edict is inconsistent with the provisions of Item 44, Second Schedule, Part 1 of the Constitution, and it is therefore null and void to the extent of its inconsistency.

    “The exclusive legislative list contains items/subject matters on which only the National Assembly can legislate. Specifically, Item 44, Second Schedule, Part 1 of the Nigerian Constitution makes clear that only the National Assembly can make law for payment of pension to the classes of public officers whose funds are payable out of the public funds of the Federation.

    “The AMAC, being a local government, is established by Section 3[6] and 7 of the Nigerian Constitution and its functions are laid out in section 7[5] and Sections 1 and 2, Fourth Schedule of the Constitution. There is nothing in the Fourth Schedule of the Constitution that allows the AMAC and its officials to make laws on pension.

    “The AMAC and its officials ought to exercise their public functions for the purposes of providing public goods and services to the people of Abuja and not to grant personal benefits for past officials. The AMAC and its officials are constitutionally and statutorily obliged to act in the public interest.

    Minister Mohammed Musa Bello; Federal Capital Territory

    “People have the right to honest and faithful performance by public officials, who are under a fiduciary duty to the public. And no public official should put himself/herself in a position in which his/her personal interest conflicts or is likely to conflict with the performance of the functions of his office.”

    No date has been fixed for the hearing of the suit

    #Newsworthy…

    In the news

    Buhari, Osinbajo, 36 state governors must declare assets publicly – Falana tackles

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    Nigeria’s rights activist, Femi Falana is backing agitation that President Muhmmadu Buhari, his vice, Yemi Osinbajo and the 36 state governors declare their assets publicly.

    The Socio-Economic Rights and Accountability Project (SERAP), capitalising on the Freedom of Information (FoI), requested Buhari, Osinbajo, 36 state governors and their deputies to publicly declare their assets within seven days or face redress.

    The Presidency has claimed that there is no law in Nigeria mandating President Buhari to declare his assets publicly. With due respect, this cannot be the correct position of our law.

    According to Falana, in a statement, SERAP’s case for the public announcement of any updates on the assets already declared by Buhari and Osinbajo was correctly based on the Constitution of Nigeria 1999 (as amended), the Freedom of Information Act and the African Charter on Human and Peoples’ Rights, which had not only been ratified by Nigeria but also domesticated as part of the domestic laws.

    “As far as the law is concerned, the word “declaration” means “a formal statement, proclamation, or announcement, especially embodied in an instrument.” See page 467 of Black’s Laws Dictionary (Ninth Edition). The combined effect of the Constitution, FoI Act and the African Charter is that all public officials ought to voluntarily announce publicly their asset declarations even without prompting from civil society groups like SERAP.

    “In the alternative, the Code of Conduct Bureau is bound by law to make them available to members of the public, pursuant to section 1 of the FoI Act. In fact, the law contemplated by the Constitution to make asset declarations of public officials public is the FoI Act. With the FoI Act, there is no longer secrecy in government, including in the asset declarations made by all public officials.

    “Section 3 (c) of Paragraph A of Part 1 of the Third Schedule to the Constitution provides that the Code of Conduct Bureau shall have power to “retain custody of such declarations and make them available for inspection by any citizen of Nigeria on such terms and conditions as the National Assembly may prescribe”. The National Assembly has since 2011 prescribed such terms and conditions in the FoI Act.

    “No more excuses by public officials, as the National Assembly has, by passing the FoI Act, prescribed the terms and conditions for pubic officials and the CCB to publicly make asset declarations available. In this instance, SERAP has correctly invoked the provisions of the Constitution, FoI and the African Charter. Similarly, Section 22 of the Constitution has imposed a duty on the mass media to promote public accountability and transparency,” Falana said.

    He added that even private citizens could no longer insist on secrecy as they were now required by official policies to register their biometric data for the purpose of acquiring international passports, telephone lines and opening of bank accounts.

    Falana stated that the Bank Verification Number commonly called BVN–a biometric identification system implemented by the Buhari administration–has ended secrecy of bank accounts, thereby curbing illegal banking transactions in Nigeria.

    “All that SERAP is asking is for the Presidency, governors and their deputies to announce their asset declarations as submitted to the CCB. Such announcement will help to update the records of what the President and Vice President already made public and refresh the memory of the public who are keen to see transparency and accountability in the implementation of the asset declarations frameworks in Nigeria.

    “I therefore urge President Buhari and Vice President Osinbajo to show strong leadership by immediately acceding to the FoI requests by SERAP and publicly announce any updates on their asset declarations already made public in 2015. This will end the secrecy that continues to surround asset declarations in Nigeria. The secrecy has over the years been used to hide corruptly stolen assets, which has continued to cause untold misery for millions of Nigerians,” he said.

    #Newsworthy…

    In the news

    SERAP asks PMB, VP, 36 govs to address their assets within 7 days

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    President Muhammadu Buhari and Vice-President Yemi Osinbajo have been asked to provide information on the summary of the assets, specifically property and income as contained in their asset declaration forms submitted to the Code of Conduct Bureau (CCB).

    In a Freedom of Information requests sent by Socio-Economic Rights and Accountability Project (SERAP) to the Presidency, also captured the 36 state governors and their deputies, urging them to use their good offices to clarify within 7 days of receiving the FoI request.

    According to a statement by SERAP, the FoI requests dated 3 January 2020 and signed by its deputy director Kolawole Oluwadare, said: “The Constitution of Nigeria 1999 (as amended), the FoI Act, and the African Charter on Human and Peoples’ Rights, which is part of our laws, read together, impose transparency obligations on all public officials to publicly disclose information concerning their asset declarations submitted to the CCB, and to clarify any updated review of such assets.”

    SERAP said: “The summary of assets to be disclosed include, where applicable, the following: savings and other liquid assets, all immovable property and shares and actions in any private and public companies; property purchased by way of tender from any public-law entities and information about businesses owned.”

    The organisation said the non-public disclosure by public officials of their summary of assets seriously undermines the effectiveness and integrity of the constitutional and statutory obligations to submit asset declarations.

    Specifically FoI request to President Buhari, SERAP noted his “public promise to make specific details of your assets public, and urge you to consider this FoI request as a unique opportunity to fulfill the promise made to the Nigerian people.

    President Muhammadu Buhari & Prof. Yemi Osinbajo

    “We would also like you to clarify if you have encouraged members of your cabinet to also submit their asset declarations to the CCB and to make such declarations public. If so, we would like you to provide information on the details of those that have made submissions.

    “We would also like you to clarify whether a declaration has been submitted as constitutionally and statutorily required, the date of any such submission and if you have received any confirmation of the verification of your asset declaration by the CCB.”

    #Newsworthy…

    In the news

    OMG! SERAP, EiE, BudgIT dragged Moh’d Buhari to court over N37Bn.

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    …stop Buhari and Zainab Ahmed

    Socio-Economic Rights and Accountability Project (SERAP), BudgIT, Enough is Enough (EiE) and 583 concerned Nigerians have dragged President Muhammadu Buhari and Minister of Finance, Budget and National Planning, Mrs Zainab Ahmed before the Federal High Court, Abuja over the proposed N37 billion allocated for the renovation of the National Assembly complex.

    In the suit number FHC/ABJ/CS/1633/2019 filed last week at the Federal High Court, Abuja by Kolawole Oluwadare and Opeyemi Owolabi, they described the N37 billion allocated for the renovation of the National Assembly as “self-serving, wrongful, illegal and unconstitutional expenditure of public funds,” which they said would translate to “less money for educating millions of out-of-school Nigerian children, providing access to clean water and healthcare to Nigerians including the elderly, or repairing the country’s roads and bridges.”

    The groups said: “Spending N37 billion to renovate the National Assembly complex is self-serving, wrongful, illegal and unconstitutional expenditure of public funds, as it means less money for educating millions of out-of-school Nigerian children, providing access to clean water and healthcare to Nigerians including the elderly, or repairing the country’s roads and bridges.

    “The National Assembly complex should be a safe and conducive environment for those who work there, but spending ₦37 billion to renovate the place is not commensurate with the constitutional commitments to public services and goods, decreasing public revenues and increasing level of debts as well as the poor economic and social realities in the country.”

    They are therefore seeking an order of the court to “restrain and stop President Muhammadu Buhari and Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning from releasing N37 billion allocated for the renovation of the National Assembly complex to the Federal Capital Development Agency and the National Assembly until an impact assessment of the spending is carried out.”

    They also asked the court to “restrain, prevent and stop the Senate President, Dr Ahmad Lawan; Speaker of the House of Representatives, Mr Femi Gbajabiamila and the Federal Capital Development Agency from demanding or collecting the N37 billion earmarked for the renovation of the National Assembly complex until an impact assessment of the spending on critical sectors and access to public goods and services, is carried out.”

    The groups argued that “the defendants are public officers who have sworn the constitutional oaths of office to perform their respective duties in the interest of Nigerian citizens. The refusal of President Buhari to object to the Budget/Appropriation Bill containing a huge N37 billion on renovation of the National Assembly complex is a gross violation of the constitution and existing laws in Nigeria.”

    The 583 plaintiffs include Bring Back Our Girls (BBOG) co-convener Aisha Yesufu; a former Lagos State (Eti-Osa Federal Constituency) House of Reps aspirant, Bankole Wellington also known as Banky W, Mrs Ayo Obe, Dr Abiola Akiyode-Afolabi, and Fisayo Soyombo.

    They are seeking from the court: “A declaration that the N37 billion proposed, prescribed, voted and allocated for renovation of National Assembly Complex in the 2020 Nigerian National Budget via Appropriation Bill/Act 2019 is a breach of the Code of Conduct for Public Officers [Fifth Schedule Part 1] of the Constitution of Nigeria 1999 [as amended] and Oath of a member of the National Assembly; a declaration that the N37 billion proposed, voted and allocated for renovation of National Assembly Complex in the 2020 Nigerian National Budget via Appropriation Bill/Act 2019 signed is a breach of the defendants’ solemn constitutional obligations to know and follow constitutional oaths governing their conduct, including their duties of care to Nigerians to faithfully protect and defend the constitution and improve the well-being and welfare of Nigerians; an order of the court restraining, preventing and stopping President Buhari and the Minister of Finance, Budget and National Planning from releasing the N37 billion allocated for the renovation of the National Assembly complex to the Federal Capital Development Agency and the National Assembly leadership until an assessment of the impact of the spending on critical sectors like education, health, clean water and safe roads a revision to the allocation, is carried out; an order of the court restraining, preventing and stopping the National Assembly leadership from demanding or collecting the N37 billion proposed for the renovation of the National Assembly until an assessment of the impact of the spending on critical sectors like education, health, clean water and safe roads a revision to the allocation, is carried out; Any order(s) that the Honourable Court may deem fit to make in the circumstance of this suit.”

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

    #Newsworthy…

    In the news

    SERAP – Disclose payment of pension to Governors in all 36 states within 7 days.

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    …says, they would be honoured if granted.

    Socio-Economic Rights and Accountability Project (SERAP) has sent a Freedom of Information Act request to Dr. Kayode Fayemi and Alhaji Aminu Tambuwal, chairman and deputy chairman of the Nigeria Governors’ Forum (NGF), respectively, and other 34 governors urging them to use their leadership position to urgently disclose details of payment of pensions to their predecessors and other ex-officials between 1999 and 2019 under their state’s pension law, and to provide a copy of the said pension law.

    SERAP is also urging each of the 36 governors to provide information on whether any such pension law exists in their various states and if so, to provide names and number of ex-governors and other ex-officials receiving pensions and to publicly commit to repealing the law, and to pursue recovery of funds collected under the pension law.

    In the letter dated October 9, and signed by deputy director Kolawole Oluwadare, the organisation said: “Public officials should not encourage, sustain, or implement jumbo pension laws that show an appearance of conflict of interest, impropriety or create situation of personal enrichment. The pension law negates the duty to act honestly and to represent the needs and concerns of the people, and to refrain from activities, which interfere with the proper discharge of public functions.

    “Any such pension law also represents the use of public office to advance private interests at the expense of some public interest, suggests the misuse of legitimate discretion for improper reasons, and has created a more cynical public view of politics and politicians.”

    SERAP’s FoI request read in part: “Repealing any such pension law would demonstrate your commitment to public service and the requirements of the Constitution of Nigeria 1999 (as amended). It would show that you would not tolerate the use of public office in a manner which ignores the public interest in order to achieve personal advantage.

    “We would be grateful if the requested information is provided to us within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, the Registered Trustees of SERAP shall take all appropriate legal actions under the FoI Act to compel you to comply with our request.

    “Pension law for former governors and other senior ex-officials represents a conflict with the constitutional and legal conflict code of conduct for public officials, and would seem to prioritise private interest of former state officials over and above the public interest and public duties of state governors.The duties on public officials including governors flowing from their position as trustees to the public also include the duty to refrain from activities which interfere with the proper discharge of their functions, and the duty not to place themselves in a position where public duty conflicts with private interest.”

    SERAP’s request is coming on the heels of the landmark judgment delivered last week by Justice Oluremi Oguntoyinbo of the Federal High Court, Lagos ordering the Attorney General of the Federation and Minister of Justice Mr. Abubakar Malami, to challenge the legality of states’ pension laws permitting former governors and other ex-public officials to collect such pensions.

    The judgment followed the invalidated pension law for former governors and other ex-public officers in Zamfara State, which provided for the upkeep of ex-governors to the tune of N700 million annually. The state has produced three former governors since 1999.

    #Newsworthy…

    In the news

    Mockery of Justice as DSS re arrested sowore – SERAP

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    …textbook case of abuse to judicial process

    The Socio-Economic Rights and Accountability Project has condemned the rearrest of pro-democracy campaigner and journalist, Omoyele Sowore, by operatives of Department of Security Service on Friday.

    SERAP frowned against the harassment and intimidation of Justice Ijeoma Ojukwu of the Federal High Court, Abuja, by armed DSS operatives, who stormed the courtroom in a bid to rearrest the activist and forced her close proceedings abruptly.

    In a statement on Friday, the group said the action of the DSS was shameful.

    The statement said, “The violent rearrest of Sowore right inside the courtroom, is a textbook case of a mockery of justice and abuse of judicial process.

    “It drives home the failure of the Nigerian Government to fulfill its constitutional and international human rights obligations to respect citizens’ human rights and observe the rule of law.”

    SERAP Deputy Director, Kolawole Oluwadare, added that the invasion of the courtroom and the ill-treatment of Sowore was a blatant attack on the rule of law and the sanctity and integrity of Nigeria’s justice system.

    The organisation called United Nations Human Rights Council, African Commission on Human and Peoples’ Rights and members of the international community to prevail on the Nigerian authorities to end violations and abuses of human rights and threats to the rule of law.

    The statement added, “An independent judiciary free from intimidation and harassment is a basic precondition to a functioning democracy under the rule of law.

    “If Nigerian authorities are serious about human rights and the rule of law, they should hold those responsible to account.

    “Only then will Nigerians have full confidence in this government’s ability to protect their human rights, obey the rule of law and the independence of the judiciary.”

    #Newsworthy…