TheNewsGuru

Tag: SERAP

  • Buhari gets two weeks deadline to probe ‘missing N106bn’

    Buhari gets two weeks deadline to probe ‘missing N106bn’

    President Muhammadu Buhari has been giving two weeks deadline to investigate allegations that N106bn of public funds were missing from 149 ministries, departments and agencies (MDAs), as documented in the 2018 annual audited report by the Auditor-General of the Federation.”

    The two weeks deadline was issued by the Socio-Economic Rights and Accountability Project (SERAP).

    SERAP urged the president to “direct the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, SAN, and appropriate anti-corruption agencies to investigate the allegations.

    SERAP said: “Anyone suspected to be responsible should face prosecution as appropriate, if there is sufficient admissible evidence, and any missing public funds should be fully recovered.”

    SERAP also urged him “to direct Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning to create a system of public announcements to name and shame the indicted 149 MDAs, including those that reportedly failed to remit over N55bn of their revenue; awarded contracts of over N18bn for services not rendered; and spent over N23bn without any supporting documents.”

    In the letter dated 17 April 2021, and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The reported missing public funds reflect the failure of the indicted MDAs to ensure strict compliance with transparency and accountability rules and regulations, and the failure of leadership of the MDAs to foster institutions that uphold the rule of law and human rights.”

    According to SERAP, “Recovering the alleged missing public funds would reduce the pressure on the Federal Government to borrow more money to fund the budget, enable the authorities to meet the country’s human rights obligation to progressively realize Nigerians’ rights to quality health care and education, as well as reduce the growing level of public debts.”

    The letter, read in part: “SERAP urges you to ask Mrs Ahmed and Mr Ahmed Idris, the Accountant-General of the Federation to explain why they allegedly failed to ensure strict compliance with relevant legislation, rules and regulations across all MDAs, despite the warning and recommendations by the Auditor-General.”

    “SERAP also urges you to direct Mrs Ahmed to publish full details of the yearly budgets of all MDAs, and issue regular updates that accurately detail their expenditures, including by making any such information easily accessible in a form that can be understood by the public.”

    “The Auditor-General stated that the alleged infractions by the 149 MDAs could have been prevented if the Minister of Finance, Budget and National Planning, and the Accountant General of the Federation had heeded his warning to ensure strict compliance with relevant legislation, rules and regulations across all MDAs.”

    “SERAP is concerned that the alleged missing public funds have hampered the ability of the MDAs to meet the needs of average citizens, as the missing funds could have helped your government to invest in key public goods and services, and to improve access of Nigerians to these services.”

    “Investigating and prosecuting the alleged grand corruption documented by the Auditor-General would improve the chances of success of your government’s oft-repeated commitment to fight corruption and end the impunity of perpetrators. It will improve the integrity of MDAs, as well as serve the public interest.”

    “Any failure to promptly investigate the allegations and prosecute suspected perpetrators would breach Nigeria’s anti-corruption legislation, and the country’s international anti-corruption obligations.”

    “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, the Incorporated Trustees of SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest.”

    “SERAP has carefully analysed the recently released 2018 audited report by the Auditor-General of the Federation and our analysis reveals the grim allegations that N105,662,350,077.46 of public funds are missing, misappropriated or unaccounted for across 149 MDAs in 2018.”

    “According to the Auditor-General, 35 MDAs failed to remit N48,551,274,468.35 of generated revenue, and N5,418,780,747.23 of statutory deductions including value added tax, withholding tax, and stamp duties in 2018, thereby ‘depriving the government of the much-needed fund to pursue its agenda.’”

    “Similarly, 25 MDAs awarded contracts amounting to N18,369,595,564.47 in violation of the Public Procurement Act (PPA), 2007, including disregard to due process, irregularity in payment for contracts, excessive pricing of procurements, payment for services not rendered, and payment in full for uncompleted projects.”

    “Another N23,486,881,920.49 was spent by 48 MDAs without following the rules and regulations relating to spending procedures and policies, and without any documents to support such spending. Furthermore, 11 MDAs paid N8,389,842,637.88 for store items that were not taken on store charge. The Auditor-General fears that the items may be ‘missing/misappropriated.’”

    “In addition, 18 MDAs paid N354,223,774.67 as cash advances to staff without duly retiring the money, contrary to the Financial Regulation 1405 and Financial Regulation 1420. According to the Auditor-General, ‘unretired cash and personal advances may be a deliberate attempt to divert public funds for personal use.’”

    “Moreover, 12 MDAs spent N371,750,964 as cash advances, above the approved threshold of N200,000.00, contrary to the Treasury Circular Ref. No. TRY/A2&B2/2009OAGF/CAD/26/V, which requires all local procurement of stores and services costing above N200,000.00 to be made only through the award of contracts.”

  • Buhari gets 14-day ultimatum to probe Yahaya Bello’s N4.5bn COVID-19 funds

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to investigate alleged misuse of the N4.5 billion donations, loans, and support the Kogi State government obtained from the Federal Government.

    SERAP also threatened to take all appropriate legal actions grateful if the government failed to do the right thing within 14 days.

    The group made this known in a statement issued on Saturday, calling on the president to “direct the Attorney General of the Federation and Minister of Justice Abubakar Malami, SAN and appropriate anti-corruption agencies to probe the funds, including N90,720,000 reportedly spent on software to track COVID-19 cases in the state.”

    PauseUnmute
    Loaded: 9.78%
    Fullscreen
    VDO.AI
    According to SERAP “if there is relevant and sufficient admissible evidence, anyone suspected to be involved should face prosecution, as appropriate.”

    In the letter dated 27 March 2021 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Directing the Attorney General of the Federation and appropriate anti-corruption agencies as recommended is constitutional, and would be entirely consistent with your promise in your inaugural speech to ‘ensure responsible and accountable governance at all levels of government in the country.’”

    SERAP quoted Buhari as promising in his inaugural speech on 29th May, 2015 that: ‘The Federal Government would not fold its arms and close its eyes to what is going on in the states and local governments. It will ensure that the gross corruption at the local level is checked. For I will not have kept my own trust with the Nigerian people if I allow others abuse theirs under my watch.’”

    SERAP stated: “As you have correctly stated, the obligations of your government to combat corruption in Nigeria extend to all the three tiers of government, namely, the federal, state and local governments.”

    The letter, read in part: “Although primarily a matter of concern for Kogi State, the allegations of misuse of COVID-19 funds drawn from the Federal Government have assumed such a proportion as to become a matter of concern to the federation as a whole, and therefore, to your government.”

    “SERAP is concerned about growing allegations of corruption and mismanagement of public funds in several of the 36 states of the Federation, and the apparent lack of prompt, thorough, independent and transparent investigations into these allegations, allowing suspected perpetrators to frequently escape justice.”

    “Taking prompt action to probe the allegations would promote transparency and accountability, serve the common good, peace, order and good government of the federation (which includes Kogi State). It would help to enhance your government’s fight against corruption and contribute hugely to improving the public confidence and trust in your commitment to combat grand corruption.”

    “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 take all appropriate legal actions to compel your government to comply with our request.”

    “SERAP also believes that given the history of corruption in Nigeria, especially several unresolved allegations of grand corruption involving many of the 36 state governments, your government cannot and should not look the other way regarding the allegations of misuse of COVID-19 funds involving the Kogi State government. Such allegations in any state of Nigeria are of concern to every Nigerian, and should therefore be of concern to your government.”

    “Taking the recommended measures would also show that your government is concerned with the overall well-being of the federation and willing and able to enforce important constitutional principles.”

    “According to our information, the Kogi State Government in 2020 allegedly spent N90,720,000 on ‘COVID-19 software.’ The software was reportedly approved by Governor Yahaya Bello, for tracking COVID-19 cases and prevent the spread of the disease in the state. However, the company that developed the software has reportedly stated that it costs only N300,000.”

    “The software has reportedly stopped functioning just one year after it was installed. The N90,720,000 spent on COVID-19 software is part of the N4.5 billion donations, loans and support, which Kogi State reportedly obtained from the Federal Government.”

    “Ensuring the investigation and prosecution of the allegations would also be entirely consistent with the provisions of section 15 subsection (5) of the Nigerian Constitution 1999 [as amended], which requires your government to abolish all corrupt practices and abuse of power, regardless of the state where such practices are taking place.”

    “Section 15 specifically defines “government” to include the government of the federation, or of any state, or of a local government council or any person who exercises power or authority on its behalf.”

    “Similarly, the Attorney-General of the Federation has power, conferred on him by section 174(1)(a) of the Nigerian Constitution, and anti-corruption agencies have the powers to act on the allegations of misuse of the N4.5 billion donations, loans and support by the Kogi State government obtained, including N90,720,000 spent on software to track COVID-19 cases in the state.”

    “Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution; the country’s international obligations including under the UN Convention against Corruption, and the African Union Convention on Preventing and Combating Corruption, as well as your expressed commitment in your inaugural speech on 29th May 2015 ‘to check gross corruption at the local level.”

    The letter is copied to Mr Malami; Professor Bolaji Owasanoye, Chairman Independent Corrupt Practices and Other Related Offences Commission (ICPC); and Mr Abdulrasheed Bawa, Chairman, Economic and Financial Crimes Commission (EFCC).

  • Lawan, Gbajabiamila sued over ‘missing N4.4bn NASS funds’

    Lawan, Gbajabiamila sued over ‘missing N4.4bn NASS funds’

    Senate President, Dr Ahmad Lawan and Speaker of House of Representatives, Mr Femi Gbajabiamila have been sued over “their failure to probe, and to refer to appropriate anti-corruption agencies allegations that N4.4bn of public money budgeted for the National Assembly is missing, misappropriated, diverted or stolen, as documented in three annual audited reports by the Office of the Auditor-General of the Federation.”

    The two leaders f Nigeria’s legislative body were sued by Socio-Economic Rights and Accountability Project (SERAP).

    The suit followed the publication of annual audited reports for 2015, 2017, and 2018 in which the Auditor-General of the Federation raised “concerns about alleged diversion and misappropriation of public funds, sought the recovery of any missing funds, and asked that the evidence of recovery should be forwarded to his office.”

    In suit number FHC/ABJ/CS/366/2021 filed last Friday at the Federal High Court in Abuja, SERAP is seeking: “an order of mandamus directing and compelling Dr Lawan, Mr Gbajabiamila and the National Assembly to perform their constitutional oversight functions to ensure prompt and transparent investigation into the allegations that N4.4 billion budgeted for the National Assembly may be missing and unaccounted for.”

    In the suit, SERAP argued that “By the combined reading of the provisions of the Nigerian Constitution of 1999 [as amended], the International Covenant on Economic, Social and Cultural Rights, and the UN Convention against Corruption, which Nigeria has ratified, the National Assembly has legal duties to combat corruption, and promote transparency and accountability in the management of public resources.”

    According to SERAP: “transparency and accountability in the management of public resources and wealth is essential for promoting development, people’s welfare and well-being, and their access to basic public services, as well as good governance and the rule of law.”

    SERAP also argued that “The National Assembly has the legal responsibility to ensure that the serious allegations of corruption and mismanagement documented by the Office of the Auditor-General of the Federation are promptly, independently, thoroughly, and transparently investigated, and to end the culture of impunity that is fuelling these allegations.”

    According to SERAP: “The failure of the National Assembly to promptly and thoroughly investigate, and to refer to appropriate anti-corruption agencies the allegations documented in the annual audited reports for 2015, 2017 and 2018 is a fundamental breach of the oversight and public interest duties imposed on the legislative body by sections 4, 88 and 89 of the Nigerian Constitution.”

    The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Adelanke Aremo, read in part: “Granting this application would serve the interest of justice, reduce corruption and mismanagement, as well as end impunity of perpetrators, and advance the fundamental human rights of Nigerians.”

    “This suit seeks to vindicate the rule of law, the public interest, and to promote transparency and accountability. Government agencies and institutions are responsible to a court of justice for the lawfulness of what they do, and of that, the court is the only judge. The National Assembly has no legally justifiable reason to refuse to investigate the allegations documented by the Office of the Auditor-General of the Federation.”

    “Obedience to the rule of law by all citizens but more particularly those who publicly took oath of office to protect and preserve the Constitution is a desideratum to good governance and respect for the rule of law. In a democratic society, this is meant to be a norm.”

    It would be recalled that SERAP had in a letter dated 30 January 2021 requested Dr Lawan and Mr Gbajabiamila to “use their good offices to urgently probe and refer to appropriate anti-corruption agencies allegations that N4.4 billion of public money budgeted for the National Assembly may have been misappropriated, diverted or stolen.”

    The letter, read in part: “The Auditor-General noted in his 2015 report that the National Assembly account was spent N8,800,000.00 as unauthorised overdraft, contrary to Financial Regulations 710. The National Assembly also reportedly spent N115,947,016.00 without any documents. Another N158,193,066.00 spent as cash advances to 17 staff between January and June 2015 is yet to be retired.”

    “The Senate reportedly spent N186,866,183.42 to organise Senate Retreat and Pre-Valedictory Session for the 7th Senate, although the money was meant to pay vehicle loan. The Senate also reportedly spent N15,964,193.63 as bank charges between July and December 2015, contrary to Financial Regulations 734.”

    “The House of Representatives also reportedly spent N624,377,503.30 to buy 48 Utility Vehicles. However, 14 vehicles were not supplied. The House also failed to make the 34 vehicles supplied available for verification. Similarly, the House spent N499,666,666.00 as cash advances to staff to carry out various assignments but has failed to retire the money.”

    “The House of Representatives also reportedly paid N70,560,000.00 as overtime and ‘special’ allowances to officials who are not legislative aides between November and December 2015 without any authority.”

    “The National Assembly Service Commission reportedly failed to remit N30,130,794.10 deducted from the salaries of the Executive Chairman and the Commissioners as car loan.”

    “The National Assembly Budget and Research Office reportedly spent N66,303,411.70 as out-of-pocket expenses without any documents. The National Institute for Legislative and Democratic Studies paid N246,256,060.51 by cheques, despite the prohibition of payments by cheque by the Federal Government, except in extreme cases, and contrary to Financial Regulation 631.”

    “According to the Auditor-General Report for 2017, the House of Representatives reportedly spent ₦95,212,250.00 without due process and without any documents. The National Assembly Management Account also reveals that N673,081,242.14 was spent between April and October 2017 without any documents. The Auditor-General reported that the funds may have been misappropriated.”

    “The Senate Account also reportedly shows that ₦1,364,816,397.95 was spent on store items without any documents to show for the spending. The Auditor-General stated that his office was denied access to the store and to the Senate’s records.”

    “The National Institute for Legislative and Democratic Studies also reportedly failed to remit ₦2,181,696.50 from the contract of goods and services. The Institute also paid ₦67,296,478.00 without any payment vouchers.”

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

  • Nigeria Retrogressing In Fight Against Corruption, Serap, Others Tell Buhari

    Nigeria Retrogressing In Fight Against Corruption, Serap, Others Tell Buhari

    The Socio-Economic Rights and Accountability Project (SERAP), stakeholders and Nigerians have scored President Muhammadu Buhari-led administration low on the fight against corruption.

    SERAP’s Deputy Director, Kolawole Oluwadare made known his rating of Nigeria’s anti-corruption known during a special radio town hall meeting against corruption, organized by Progressive Impact Organization for Community Development, PRIMORG, with the support of MacArthur Foundation Friday in Abuja.

    Oluwadare who stated that the opacity in the governance of the country was slowing down progress in the fight against corruption, also identified that lack of political will from the highest level of leadership was interfering and hindering anti-graft agencies from delivering on their mandate.

    He, also noted that court processes in corruption cases were too slow and have affected judgments of cases. He added that the government office’s response level to Freedom of Information requests does not show sincerity and readiness to fight corruption.

    Oluwadare stressed that the constitutional powers of the president to hire and fire heads of the Economic and Financial Crimes Commission (EFCC) at will hinders the commission from doing their job effectively and called for the legal framework of the anti-corruption agencies to be strengthened against political interference.

    In his contribution, Coordinator, Outgrow Hunger Nigeria Campaign, Tom Odemwingie said Nigerians are losing confidence on Federal Government’s fight against corruption, adding that insincerity in the fight against corruption was massively affecting foreign direct investments into the country.

    Odemwingie decried the neglect of corruption stories by the government amid the dangers journalists go through in unearthing corruption. To advance the anti-corruption fight he encouraged the government to submit to enact a law to protect whistleblowers and the investigative journalist who are putting their lives on the line in investigating corruption

    The President of Civil Liberties Organisation (CLO), Igho Akeregha decried that political leaders in Nigeria were using their positions to confer undue advantage on themselves and cronies to the detriment of the country at large, noting that corruption has gotten worse under President Buhari’s watch.

    He asserted that corruption is highest in public offices and that the president’s constitutional powers to appoint heads of anti-graft agencies will always compromise their independence.

    Akeregha, however, advised citizens to reject inducement of all sort by politicians to vote them into the office and ensure people of integrity are installed as leaders.

    “In electoral participatory democracy citizens will now go and get their own voters card and ensure that even after voting they should be prepared to resist any outcome of manipulation in the electoral process such that the best people will be in power

    “Political parties and the internal party politics must ensure that someone of integrity emerges as their own candidate,” he opined.

    Similarly, the Communication and Advocacy Director, Make A Difference Initiative, Lemmy Ughegbe also rated the war against corruption very low.

    According to Ughegbe, the current administration has plunged Nigeria’s fight against corruption six decades backward through the breaching of the constitution and other forms of abuse of power.

    He said the new EFCC boss, Abdulrasheed Bawa can only be different from his predecessors by being above board, upholding the constitution, and serving Nigeria more than the president who employed him.

    His words: “Bawa should try to be above board, try to rise beyond all of the intricacies of the big power play that will definitely try to influence him and uphold the constitution if he understands that his loyalty is to the people and to the constitution of the Federal Republic.

    “His loyalty is not to the president. Because the problems with public office holders and appointees of government is that they think that the president is the one paying their salary their loyalty is to the president.

    “Once he realizes and knows that his loyalty is to the constitution, then he will follow the constitution to the latter and the oath of office in dispensing with his responsibility.”

  • [UPDATED] Buhari-govt tasked to give account on $25bn (N9.7trn) loan from CBN

    [UPDATED] Buhari-govt tasked to give account on $25bn (N9.7trn) loan from CBN

    The Buhari administration has borrowed $25billion from the Central Bank of Nigeria via overdrafts and loans since 2015 and a group is now asking the government to give an account.

    Socio-Economic Rights and Accountability Project (SERAP) in a statement urged President Muhammadu to “provide spending details of the overdrafts and loans obtained from the Central Bank of Nigeria (CBN).

    SERAP requested for details of the total overdrafts, the projects on which the overdrafts have been spent; repayment of all overdrafts to date, as well as to clarify whether the $25bn (N9.7trn) overdraft reportedly obtained from the CBN is within the five-percent limit of the actual revenue of the government for 2020.”

    The organization is also urging President Buhari to “provide details of spending of overdrafts and loans obtained from the CBN by successive governments between 1999 and 2015.”

    In the Freedom of Information request dated 6 March, 2021 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Ensuring transparency and accountability in the spending of CBN overdrafts and loans would promote prudence in debt management, reduce any risks of corruption and mismanagement, and help the government to avoid the pitfalls of excessive debt.”

    “Disclosing details of CBN overdrafts and repayments would enable Nigerians to hold the government to account for its fiscal management and ensure that public funds are not diverted, thereby improving the ability of your government to effectively respond to the COVID-19 crisis. This means that the government would not have to choose between saving lives or making debt payments.”

    According to SERAP, “The increasing level of public debt would threaten the ability of the government to invest in essential public goods and services, such as quality education, healthcare, and clean water. It is the primary responsibility of the government to ensure public access to these services in order to lift millions of Nigerians out of poverty and to achieve the Sustainable Development Goals by 2030.”

    The FoI, read in part: “The growing level of public debt would increase debt-servicing costs, which would mean that your government has less resources to spend on these critical public services.”

    “We would be grateful if the requested information is provided to us within 14 days of the receipt and/or publication of this letter. If we have not heard from you by then, the Incorporated Trustees of SERAP shall take all appropriate legal actions to compel your government to comply with our request.”

    “SERAP is concerned about the growing level of debts by the Federal Government, and the apparent lack of transparency and accountability in the spending of overdrafts and loans so far obtained from the CBN, as well as the repayments to date.”

    “Also, the recent overdraft of $25.6bn (about N9.7trn) obtained from the CBN would appear to be above the five-percent limit of the actual revenue of the Federal Government for 2020, that is, N3.9trn, prescribed by Section 38(2) of the CBN Act 2007.

    “While section 38(1) of the CBN Act allows the Bank to grant overdrafts to the Federal Government to address any temporary deficiency of budget revenue, sub-section 2 provides that any outstanding overdraft ‘shall not exceed five-percent of the previous year’s actual revenue of the Federal Government.’ Similarly, Section 38(3) requires all overdrafts to ‘be repaid as soon as possible and by the end of the financial year in which the overdrafts are granted.’”

    “The CBN is prohibited from granting any further overdrafts until all outstanding overdrafts have been fully repaid.

    “Under the CBN Act, ‘no repayment shall take the form of a promisory note or such other promise to pay at a future date, treasury bills, bonds or other forms of security which is required to be underwritten by the Bank.’”

    “Similarly, the Fiscal Responsibility Act provides in section 41 that government ‘shall only borrow for capital expenditure and human development.’ Under the Act, the government ‘shall ensure that the level of public debt as a proportion of national income is held at a sustainable level.’”

    “Section 44 of the Act requires the government to specify the purpose of any borrowing, which must be applied towards capital expenditures, and to carry out cost-benefit analysis, including the economic and social benefits of any borrowing. Any borrowing should serve the public good, and be guided by human rights principles.”

    “By the combined reading of the provisions of the Constitution of Nigeria 1999 (as amended), the Freedom of Information Act, UN Convention against Corruption, the International Covenant on Economic, Social and Cultural Rights, and the African Charter on Human and Peoples’ Rights, there are transparency obligations imposed on your government to disclose information to the public concerning spending of CBN overdrafts, loans and repayments to date.”

    “According to our information, your government has reportedly recently obtained $25 billion from the CBN as overdrafts. The Federal Government has also reportedly decided to convert the overdrafts to long-term debt. This latest borrowing from the CBN is in addition to over $20 billion external debt, and N7 trillion domestic debt.”

    A copy of the letter was sent to Mr Abukabar Malami, SAN, Attorney General of the Federation and Minister of Justice; Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning; Godwin Emefiele, the Governor of CBN; and Ms Patience Oniha, Director-General of the Debt Management Office.

  • COVID-19: SERAP writes Adamu, seeks probe of ‘missing billions’ in water ministry, agencies

    COVID-19: SERAP writes Adamu, seeks probe of ‘missing billions’ in water ministry, agencies

    Socio-Economic Rights and Accountability Project (SERAP) has sent a Freedom of Information request to the Minister of Water Resources Engr. Suleiman Adamu, urging him to “clarify the action that his Ministry has taken to address and find the alleged billions missing from the Ministry and its agencies, and if there is relevant admissible evidence of corruption and mismanagement, to refer the allegations to appropriate anti-corruption agencies for investigation and prosecution.”

    The organisation is also urging him to “ensure the full recovery of any missing public funds, revealed in the 2017 annual audited report by the Office of the Auditor-General of the Federation.”

    In the FoI request dated 27 February 2021 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Allegations of corruption and mismanagement in the Ministry and its agencies can cause serious harm to the socially and economically vulnerable. Satisfactorily addressing these allegations and recovering any missing public funds is a critical matter of public health, human rights, transparency and accountability. The COVID-19 crisis makes this action all the more urgent.”

    SERAP said: “Knowing how the Ministry has responded to the queries from the Auditor-General, and ensuring a thorough investigation and prosecution of these allegations would end impunity for corruption in the water sector, serve the public interest, as well as help to improve access of Nigerians to clean water and sanitation services.”

    According to SERAP, “Millions of Nigerians continue to lack access to an improved water source and access to proper sanitation. Limited availability of water in public hospitals makes it difficult for health professionals and the public to wash their hands – restricting the ability of people to respond to COVID-19.”

    The letter, read in part: “According to the Auditor-General’s Annual Report for 2017, Federal Ministry of Water Resources spent ₦343,957,350.60 without any documents. The Auditor-General is concerned that the money may be missing. The Ministry also reportedly spent ₦14,993,950.00 as advance cash to staff to buy store items and for services without due process.”

    “The Federal College of Freshwater Fisheries Technology, New Bussa, Niger State also reportedly spent ₦33,652,281.00 to train 170 unemployed youths and women between 10th and 11th November 2016 without due process and without any documents on the names and number of those trained. There was no evidence to justify the spending.”

    “The Lower Benue River Basin Development Authority, Makurdi reportedly ‘misapplied’ ₦42,277,285.50 meant for project monitoring and supervision. The Auditor-General is concerned that the money may ‘have been diverted for other purposes.’”

    “The National Water Resources Institute, Mando Road, Kaduna reportedly paid ₦84,401,940.74 to a contractor on 4th May 2017, being 10% payment on the construction of a 2-story building for UNESCO. But there was no existing contract between the Institute and the contractor. The Institute also failed to show any documents on how the money was spent.”

    “The Nigeria Hydrological Services Agency, Abuja reportedly paid ₦24,800,000.00 to a staff in September 2016 to produce the 2016 annual flood outlook (AFO) by Agency, but without any documents of the spending and evidence of the services performed. The Agency also paid ₦31,439,300.00 to another staff in September 2016 to organise sensitization workshops on 2016 flood prediction/prevention but without any documents. The Agency has also failed to retire the money.”

    “We would be grateful if your Ministry would indicate the measures being taken to address the allegations and to implement the proposed recommendations, within 14 days of the receipt and/or publication of this letter.”

    “If we have not heard from you by then as to the steps being taken in this direction, the Incorporated Trustees of SERAP shall take all appropriate legal actions to compel your Ministry to implement these recommendations in the public interest, and to promote transparency and accountability in the water sector.”

    “SERAP is concerned that these allegations may have hampered the ability of the Ministry and the agencies involved to meet the needs of average citizens, as the missing public funds could have helped to invest in the provision of access to clean water and sanitation services for Nigerians, especially at a time of the COVID-19 pandemic.”

    “Effectively addressing the allegations of corruption and mismanagement in the Ministry of Water Resources and its agencies and recovering any missing public funds would be entirely consistent with Section 15(5) of the Nigerian Constitution 1999 [as amended], which imposes responsibility on public institutions and officials to abolish all corrupt practices and abuse of office, and the country’s international obligations.”

    “Allegations of corruption and mismanagement in the water sector undermine public confidence in the sector, and obstruct the attainment of commitments made through Sustainable Development Goals, in particular Goal 6 which calls on states to ensure availability and sustainable management of water and sanitation for all.”

    “The Cross River Basin Development Authority, Calabar, Cross River State reportedly paid ₦10,387,490.00 for a contract for construction of Link Road between Cross River and Ebonyi State, but without approval and any documents. The Authority also reportedly spent ₦30,616,110.00 for construction of erosion control works at Nguzu but failed to show any documents for the spending.”

    “The Gurara Water Management Authority, Utako, Abuja also reportedly failed to remit ₦27,449,153.50 deducted from contractors as Withholding Tax and Value Added Tax, contrary to Financial Regulation 234. The Authority reportedly paid ₦63,075,336.00 to contractors but without any documents.”

    “The Lake Chad Research Institute, Maiduguri, Borno State reportedly failed to account for two Toyota Prado Jeeps which were purchased in 2013 and 2014 with registration No. 45KOIFG for one Jeep and none for the other. No reason was given for not registering the second Prado Jeep. The Institute also failed to account for another Toyota Hiace bus with registration No. 45KO3FG.”

    “The Hadejia – Jama’are River Basin Development Authority, Kano State reportedly spent ₦204,893,978.09 without any documents. The Auditor-General is concerned that the money may have ‘been mismanaged.’”

    “The Nigeria Institute for Oil Palm Research, Benin City, Edo State also reportedly spent ₦210,921,849.66 without any documents. The Institute also spent ₦30,010,963.65 in 2017 without any documents.”

    “The National Agricultural Extension and Research Liaison Services, Ahmadu Bello University, Zaria paid ₦33,425,000.00 to a contractor in March 2017 for National Extension Awareness Training and Agricultural Extension Community Research. But there was no evidence that the contract was executed. The Services also paid ₦60,435,515.00 as cash advance to a staff to buy store items without due process.”

    “The Nigerian Institute for Oceanography and Marine Research, Victoria Island, Lagos State reportedly spent ₦18,022,931.74 to buy store items in 2017 but without evidence of the items and without any documents of the spending.”

    The letter is copied to Professor Bolaji Owasanoye, Chairman Independent Corrupt Practices and Other Related Offences Commission (ICPC), and Mr Abdulrasheed Bawa, Chairman, Economic and Financial Crimes Commission (EFCC).

  • Kagara: SERAP asks Buhari to probe, recover ‘billions missing from UBEC, SUBEBs

    Kagara: SERAP asks Buhari to probe, recover ‘billions missing from UBEC, SUBEBs

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari “to direct the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, SAN to work with appropriate anti-corruption agencies to promptly probe allegations of corruption in the Universal Basic Education Commission (UBEC) and State Universal Basic Education Boards (SUBEBs) between 2004 and 2020, including missing N3,836,685,213.13 documented in the 2017 Annual Report by the Auditor-General of the Federation.”

    The organization also urged him to “direct Mr Malami and the anticorruption agencies to make public the outcome of any investigation, and to prosecute suspected perpetrators if there is relevant admissible evidence, as well as fully recover any missing public funds.”

    In the open letter dated 20 February 2021 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Allegations of corruption in UBEC and SUBEBs violate the right to education of millions of Nigerian children who continue to face unsuitable learning conditions, as shown by the poor learning and boarding facilities at the Government Science College, Kagara, Niger State where dozens of schoolchildren, teachers and their relatives were abducted by gunmen.”

    SERAP said: “Investigating the allegations of corruption and mismanagement in UBEC and SUBEBs, prosecuting suspected perpetrators and recovering any missing public funds would contribute to addressing the education crisis in the country, which has disproportionately affected the most vulnerable and marginalized, and entrenched inequality.”

    SERAP also urged President Buhari to “ensure prompt investigation into the spending of money budgeted for the Safe School Initiative since 2014, including N3.2 billion from the Federal Government and private donors meant to ensure a safer school environment for children, and to clean up an apparently entrenched system of corruption in the education sector.”

    According to SERAP: “Many years of unresolved allegations of corruption and mismanagement in UBEC and SUBEBs have resulted in decreasing quality of education for poor children while many politicians send their own children to the best private schools in the country and abroad, and thereby leaving behind generations of poor children.”

    The letter, read in part: “We would be grateful if your government would indicate the measures being taken to address the allegations and to implement the proposed recommendations within 14 days of the receipt and/or publication of this letter.”

    “If we have not heard from you by then as to the steps being taken in this direction, the Incorporated Trustees of SERAP shall take all appropriate legal actions to compel your government to implement these recommendations in the in public interest, and to promote transparency and accountability in UBEC and SUBEBs.”

    “Allegations of corruption in UBEC and SUBEBs undermine public confidence in the education sector, lead to the erosion of education quality and access, and if not urgently addressed will lead to an increase in out-of-school children, and exacerbate educational inequalities in the country.”

    “According to the 2017 Annual Report by the Auditor-General of the Federation, UBEC spent ₦7,712,000.00 to engage external solicitors between January to December, 2015 without due process and the approval of the Attorney General of the Federation. UBEC also reportedly failed to explain the nature of the legal services rendered. The Auditor-General is concerned UBEC may have engaged ‘unqualified solicitors.’”

    “The Plateau State Universal Basic Education Board also reportedly failed to account for ₦37,200,000.00 despite repeated requests by the Auditor-General. The Plateau SUBEB also spent ₦9,709,989 without any payment vouchers. The SUBEB spent ₦1,607,007,353.72 Special Intervention funds by the Federal Government without any documents.”

    “The Plateau SUBEB also paid ₦10,341,575.00 to various contractors without evidence of advance payment guarantee. The SUBEB paid ₦70,569,471.00 through cheques to a staff, in violation of the Federal Government e-payment policy. The SUBEB also failed to explain the purpose of the payment. It spent ₦120,948,000.00 on professional development of teachers but failed to retire and account for the money.”

    “The Imo State Universal Basic Education Board reportedly spent N482, 560,000.00 as mobilization fees to some contractors without due process, and any advance payment guarantee. The contracts were funded from the Matching Grant Account. The Auditor-General stated that the contractors selected lacked ‘the financial capacity to handle the contracts.’ The SUBEB has also failed to account for ₦140,774,702.12 of project fund since 2015.”

    “The Kano State Universal Basic Education Board reportedly paid ₦71,263,000.15 to contractors without due process and without open competitive bidding. Similarly, the Ebonyi State Universal Basic Education Board paid ₦569,758,938.00 to ‘unqualified contractors and companies’ for the reconstruction and renovation of classrooms. The Ebonyi SUBEB also spent ₦10,123,892.46 to buy store items but without any documents.”

    “The Gombe State Universal Basic Education Board paid ₦31,822,600.00 to a staff from its teachers’ professional development funds but failed to account for the money. The Auditor-General is concerned that ‘the payment is fictitious’, and that ‘the funds did not benefit the intended beneficiaries.’ The SUBEB also reportedly paid ₦41, 277,983.00 as cash advance to staff to ‘buy some materials and for press coverage but failed to account for the money.’”

    “SERAP is concerned about allegations of widespread and systemic corruption, misappropriation and mismanagement within UBEC and several SUBEBs, the failure to investigate these allegations, and to recover any missing public funds. The Federal Government bears responsibility for ensuring that every Nigerian child has access to quality education in conducive learning environment, and to safeguard education as a public good.”

    “Your government’s responsibility to guarantee and ensure the right to quality education for every Nigerian child is interlinked with the responsibility under Section 15(5) of the Constitution of Nigeria 1999 [as amended] to ‘abolish all corrupt practices and abuse of office.’ This imposes a fundamental obligation to investigate the missing public funds from UBEC and SUBEBs, to prosecute suspected perpetrators, recover the money, and to remove opportunities for corruption in these institutions.”

    “Access to quality education would empower children to be full and active participants in society, able to exercise their rights and engage in civil and political life.”

    “Any failure to promptly and thoroughly investigate the allegations and prosecute suspected perpetrators, and to recover the missing public funds would breach Nigeria’s anti-corruption legislation, the Nigerian Constitution, the UN Convention against Corruption, the International Covenant on Economic, Social and Cultural Rights and the African Charter on Human and Peoples’ Rights, to which Nigeria is a state party.”

    “The letter is copied to Mr Malami; Professor Bolaji Owasanoye, Chairman Independent Corrupt Practices and Other Related Offences Commission (ICPC); and Mr Mohammed Abba, Acting Chairman, Economic and Financial Crimes Commission (EFCC).”

  • #OccupyLekki: SERAP demands release of detained protesters, threatens legal action

    #OccupyLekki: SERAP demands release of detained protesters, threatens legal action

    Socio-Economic Rights and Accountability Project , a civil society organization on Saturday, called for the release of all protesters arrested at the Lekki Toll Gate in Lagos.

    The organization also said it will pursue legal actions if the arrested demonstrators are not immediately and unconditionally released.

    “We urge Nigerian authorities and the Nigeria Police Force to immediately and unconditionally release #EndSARS protesters detained simply for peacefully exercising their human rights. Authorities should also cease harassing people peacefully exercising their human rights.

    “The United Nations and concerned governments should press the Nigerian authorities to end the crackdown on peaceful protesters, and unconditionally release those arbitrarily detained.

    “We’ll pursue appropriate legal actions if the #EndSARS protesters arbitrarily arrested simply for peacefully exercising their human rights are not immediately and unconditionally released. Peaceful assembly is a fundamental right,” it said in a string of tweets.

    TheNewsGuru recalls that popular comedian Debo Adebayo, also known as Mr Macaroni, and about 30 other #OccupyLekkiTollgate campaigners were arrested on Saturday for protesting at the Lekki toll gate where they demanded that justice be served to the victims of the October 20 2020 #EndSARS protest at the toll plaza.

     

  • SERAP asks World Bank to publish documents on funded electricity projects in Nigeria from 1999

    SERAP asks World Bank to publish documents on funded electricity projects in Nigeria from 1999

    Socio-Economic Rights and Accountability Project (SERAP) has urged the World Bank President Mr David Malpass “to exercise the Bank’s prerogative to release archival records and documents relating to spending on all approved funds to improve access to electricity in Nigeria between 1999 and 2020, the Bank’s role in the implementation of any funded electricity projects, and to identify and name any executed projects, and Nigerian officials, ministries, departments and agencies involved in the execution of such projects.”

    The World Bank Board of Directors had last week approved $500m “to help boost access to electricity in Nigeria and improve the performance of the electricity distribution companies in the country.”

    But in the application dated 6 February 2021, and signed by SERAP deputy director Kolawole Oluwadare, the organization urged the Bank to “explain the rationale for the approval of $500m to implement electricity projects in the country, despite reports of widespread and systemic corruption in the sector, and the failure of the authorities to enforce a court judgment ordering the release of details of payments to allegedly corrupt electricity contractors who failed to execute any projects.”

    SERAP said: “This application is brought pursuant to the World Bank’s Access to Information Policy, which aims to maximize access to information and promote the public good. There is public interest in Nigerians knowing about the Bank’s supervisory role and specifically its involvement in the implementation of electricity projects, which it has so far funded.”

    According to SERAP, “The $500m is part of the over one billion dollars available to Nigeria under the project titled: Nigeria Distribution Sector Recovery Program. We would be grateful for details of any transparency and accountability mechanisms under the agreement for the release of funds, including whether there is any provision that would allow Nigerians and civil society to monitor the spending of the money by the government, its agencies, and electricity distribution companies.”

    SERAP also said: “Should the Bank fail and/or refuse to release the information and documents as requested, SERAP would file an appeal to the Secretariat of the Bank’s Access to Information Committee to challenge any such decision, and if it becomes necessary, to the Access to Information Appeals Board. SERAP may also consider other legal options outside the Bank’s Access to Information framework.”

    The letter copied to Shubham Chaudhuri, World Bank Country Director for Nigeria, read in part: “SERAP believes that releasing the information and documents would enable Nigerians and civil society to meaningfully engage in the implementation of electricity projects funded by the Bank, contribute to the greater public good, and enhance the Bank’s oft-stated commitment to transparency and accountability.”

    “The World Bank has been and continues to be involved in overseeing the transfer, disbursement, spending of funds on electricity projects in Nigeria. The Bank also reportedly approved a $750 million loan for Nigeria’s electricity sector in June 2020 to cut tariff shortfalls, protect the poor from price adjustments, and increase power supply to the grid. As such, the World Bank is not a neutral party in this matter.”

    “SERAP is seriously concerned that the funds approved by the Bank are vulnerable to corruption and mismanagement. The World Bank has a responsibility to ensure that the Nigerian authorities and their agencies are transparent and accountable to Nigerians in how they spend the approved funds for electricity projects in the country, and to reduce vulnerability to corruption and mismanagement.”

    “SERAP also believes that the release of the requested information and documents is of paramount important to the public interest in preserving the legitimacy, credibility and relevance of the Bank as a leading international development institution. The Bank ought to lead by example in issues such as transparency and public disclosure raised in this request.”

    “It would also demonstrate that the Bank is willing to put people first in the implementation of its development and governance policies and mandates, as well as remove any suspicion of the Bank’s complicity in the alleged mismanagement of electricity projects-related funds.”

    “The information is also being sought to improve the ongoing fight against corruption in the country and the provision of regular and uninterrupted electricity supply to Nigerians as a fundamental human right.”

    “The information requested is not affected by the “deliberative” “corporate administrative matters” or “security and safety” exceptions under the Policy. The information requested is crucially required for Nigerians to know how the funds released to the authorities to improve electricity supply in the country have been spent, and monitor how the funds are being used.”

    “SERAP’s report, titled: From darkness to darkness: How Nigerians are paying the price for corruption in the electricity sector documents widespread and systemic corruption in the electricity sector, and reveals how about N11 trillion electricity fund was squandered by successive administrations in Nigeria since the return of democracy in 1999.”

    “This report raises specific questions of public interest, and the World Bank ought to be concerned about how Nigerian authorities are addressing reports of widespread and systemic corruption in the electricity sector, and to seek some answers from the authorities on the problems.”

    “However, as the report shows, the Bank’s funding of the electricity sector has not resulted in corresponding access of Nigerians to regular and uninterrupted electricity supply. Successive governments have failed to provide access to regular and reliable electricity supply to millions of the citizens despite budgeting trillions of naira for the power sector.”

    “Millions of Nigerians still lack access to free pre-paid meters. Authorities continue to use patently illegal and inordinate estimated billing across the country, increasing consumer costs, and marginalizing Nigerians living in extreme poverty, disproportionately affecting women, children and the elderly.”

  • Buhari’s minister faces huge questions over proposed N729bn payment to poor Nigerians

    Buhari’s minister faces huge questions over proposed N729bn payment to poor Nigerians

    Minister of Humanitarian Affairs, Sadiya Umar-Farouq is facing huge questions over her ministry’s attempt to pay N729bn to poor Nigerians this year.

    The Socio-Economic Rights and Accountability Project (SERAP) has asked her to “publish details of proposed payments of N729bn to 24.3 million poor Nigerians.

    The group asked for disclosure on the mechanisms and logistics for the payments, list of beneficiaries, and how they have been selected, projected payments per state, and whether the payments will be made in cash or through Bank Verification Numbers or other means.”

    SERAP also urged Umar-Farouq to “explain the rationale for paying N5,000 to 24.3 million poor Nigerians, which translates to five-percent of the country’s budget of N13.6 trillion for 2021, and to clarify if this proposed spending is part of the N5.6 trillion budget deficit.”

    Sadiya Umar-Farouq had last week disclosed that the Federal Government would pay about 24.3 million poor Nigerians N5,000 each for a period of six months to “provide help to those impoverished by the COVID-19 pandemic.”

    In the Freedom of Information request dated 23 January 2021, the organization said: “Publishing the details of beneficiaries and selection criteria, as well as the payment plan for six months would promote transparency and accountability, and remove the risks of mismanagement and diversion of public funds.”

    “Transparency and accountability in the programme would improve public trust, and allow Nigerians to track and monitor its implementation, and to assess if the programme is justified, as well as to hold authorities to account in cases of diversion, mismanagement and corruption.”

    SERAP also urged Ms Umar-Farouk to: “invite the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and Other Related Offences Commission (ICPC) to jointly track and monitor the payments.”

    The FoI request, read in part: “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, SERAP shall take all appropriate legal actions under the Freedom of Information Act to compel you to comply with our request.”

    “Providing support and assistance to socially and economically vulnerable Nigerians is a human rights obligation but the programme to spend five-percent of the 2021 budget, which is mostly based on deficit and borrowing, requires anti-corruption safeguards to ensure the payments go directly to the intended beneficiaries, and that public funds are not mismanaged or diverted.”

    “SERAP notes that the Nigerian Constitution of 1999 [as amended], UN Convention against Corruption, and African Union Convention on Preventing and Combating Corruption to which Nigeria is a state party require the government to set the highest standards of transparency, accountability and probity in programmes that it oversees.”

    “The government has a responsibility to ensure that these requirements and other anti-corruption controls are fully implemented and monitored, and that the payments are justified in light of the huge budget deficit and borrowing, and whether there are better ways to spend N729bn to support poor Nigerians.”