TheNewsGuru

Tag: SERAP

  • SERAP asks NASS to stop Buhari from selling govt properties to fund 2021 Budget

    SERAP asks NASS to stop Buhari from selling govt properties to fund 2021 Budget

    The Socio-Economic Rights and Accountability Project (SERAP) has asked the National Assembly to stop President Muhammadu Buhari from selling government properties to fund the 2021 budget.

    SERAP in a statement issued on Sunday by its deputy director, Kolawole Oluwadare, appealed to the Senate President, Ahmad Lawan, and the Speaker of House of Representatives, Femi Gbajabiamila to bar the President from carrying out such moves via a letter addressed on January 16.

    The group wants the leadership of the National Assembly to “urgently review the 2021 appropriation legislation to stop the government of President Muhammadu Buhari from selling public properties to fund the 2021 budget, and to identify areas in the budget to cut such as salaries and allowances for members and the Presidency to make sayings to address the growing level of deficit and borrowing.”

    “The National Assembly has a constitutional and oversight responsibility to protect valuable public properties and to ensure responsible budget spending. Allowing the government to sell public properties, and to enjoy almost absolute discretion to borrow to fund the 2021 budget would amount to a fundamental breach of constitutional and fiduciary duties.”

    While warning that selling valuable public properties to fund the 2021 budget would be counter-productive, the group said “this would be vulnerable to corruption and mismanagement. It would undermine the social contract with Nigerians, leave the government worse off, and hurt the country in the long run. It is neither necessary nor in the public interest.”

    The organisation also called for a change in the country’s fiscal situation through some combination of cuts in spending on salaries and allowances, and a freeze on spending in certain areas of the budget such as hardship and furniture allowances, entertainment allowances, international travels, and buying of motor vehicles and utilities for members and the Presidency.

    On borrowing of loans, SERAP also asked the parliament “to stop approving loan requests by the Federal Government if it continues to fail to demonstrate transparency and accountability in the spending of the loans so far obtained.”

    “We would consider the option of pursuing legal action to stop the Federal Government from selling public properties, and we may join the National Assembly in any such suit.

    “The budget deficit and debt problems threaten Nigerians’ access to essential public goods and services and will hurt future generations. If not urgently addressed, the deficit and debt problems would seriously undermine access to public goods and services for the country’s poorest and most vulnerable people who continue to endure the grimmest of conditions.

    “Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution 1999 [as amended], the country’s international human rights obligations including under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights. Nigeria has ratified both human rights treaties,” the statement added.

  • Probe missing N3.8bn in health ministry, NAFDAC, others, SERAP tells Buhari

    Probe missing N3.8bn in health ministry, NAFDAC, others, SERAP tells Buhari

    The Socio-Economic Rights and Accountability Project (SERAP) has asked President Muhammadu Buhari to “probe allegations that ₦3,836,685,213.13 of public funds meant for the Federal Ministry of Health, teaching hospitals, medical centres, and National Food Drug Administration and Control (NAFDAC) are missing, mismanaged, diverted or stolen.”

    SERAP in a statement issued on Sunday by its Deputy Director, Kolawole Oluwadare, called on President Buhari to direct the Minister of Justice/Attorney General of the Federation, Abubakar Malami to commence an investigation into the alleged stolen funds.

    According to the organisation, the allegations are documented in Part 1 of the 2018 audited report released last week by the Office of the Auditor-General of the Federation.

    The group also wants the President to “promptly investigate the extent and patterns of widespread corruption in the Federal Ministry of Health, teaching hospitals, medical centres, neuro-psychiatric hospitals, National Health Insurance Scheme, and NAFDAC indicted in the audited report, and to clean up an apparently entrenched system of corruption in the health sector.”

    “Corruption in the health sector can cause serious harm to individuals and society, especially the most vulnerable sectors of the population. These missing funds could have been used to provide access to quality healthcare for Nigerians, and meet the requirements of the National Health Act, especially at a time of the COVID-19 pandemic.”

    “The Federal Ministry of Health, Abuja spent without approval ₦13,910,000.00 to organize a 2-day Training and Bilateral discussion with Chief Medical Directors and Chairmen Medical Advisory Council and the Ministry of Budget and National Planning to prepare 2019 Personnel Budget. ₦4,860,000.00 was originally budgeted for the programme.”

    “The National Food Drug Administration and Control (NAFDAC) paid ₦48,885,845.00 for services not rendered and goods not supplied. According to the Auditor-General, NAFDAC used fake and fictitious receipts for these payments. NAFDAC also paid ₦25,734,018.49 to companies/firms who were never awarded any contracts and never executed them.”

  • SERAP asks Buhari to stop NIN registration, withdraw threat to block SIM cards

    SERAP asks Buhari to stop NIN registration, withdraw threat to block SIM cards

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “instruct the Minister of Communications and Digital Economy, Mr Isa Pantami, and Director-General of the National Identity Management Commission, (NIMC) Mr Aliyu Abubakar to stop the push for registration of Nigerians for National Identity Number (NIN), and withdraw the threat to block SIM cards, as the data being sought already exist in several platforms, including the Bank Verification Numbers (BVN), driver’s license, international passport, and voters’ card.”

    The organization also urged him “to instruct Mr Pantami and Mr Abubakar to take concrete measures to promptly ensure that the NIMC is able to faithfully and effectively discharge its statutory functions to harmonize and integrate existing identification databases in government agencies into the National Identity Database, and to use the information to update SIM card registration.”

    The Federal Government had threatened that SIM cards not linked to NIN by 30 December, 2020 would be blocked, and that telecom service providers that failed to block phone numbers without NIN would have their operating licences withdrawn.

    But SERAP in a letter dated 19 December, 2020 and signed by its deputy director Kolawole Oluwadare said: “No government has the right to strip its own people of their basic rights under the guise of registration for national identity number. If the authorities continue down this path, the threats to citizens’ rights such as the rights to freedom of expression and access to information, will inevitably increase, and the NIMC will remain a paper tiger.”

    SERAP said: “Instead of forcing Nigerians to register, threatening telecom service providers with sanctions, and exposing Nigerians to the risks of COVID-19, your government ought to make sure that the NIMC discharges its statutory functions to harmonize and integrate existing identification databases in government agencies, and make use of the information collected.”

    According to SERAP: “The request for Nigerians to register for NIN is burdensome, unjustified and unnecessary. It would end up serving no other purpose than to threaten and violate the rights of Nigerians, and create a ‘chilling effect’ on citizens’ ability to participate in the fight against corruption in the country, and thereby seriously undermining the government’s oft-repeated commitment to transparency and accountability.”

    The letter, read in part: “There is neither a pressing legal or practical need for this registration, which threatens Nigerians’ human rights, especially at a time your government is warning Nigerians about the second wave of the COVID-19 outbreak in the country.”

    “Blocking Nigerians from using their SIM cards would amount to a blatant violation of their rights to freedom of expression and access to information, and have a ‘chilling effect’ on the enjoyment of other human rights.”

    “We would be grateful if your government would indicate the measures being taken to stop the unnecessary registration of NIN, withdraw the threat to block SIM cards, and take concrete measures to promptly ensure that the NIMC is able to faithfully discharge its statutory functions to harmonize and integrate existing identification databases in government agencies into the National Identity Database, within 7 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, SERAP shall take all appropriate legal actions to compel your government to implement these recommendations in the interest of millions of Nigerians.”

    “One of the stated purposes of NIMC as elaborated in section 5 [a] of the NIMC Act is to harmonise and integrate existing identification databases in government agencies into a national identity database. If the NIMC cannot perform this important statutory duty, then it has failed to achieve an obvious part of its legislative purpose.”

    “This push for registration will place a substantial burden on the exercise of human rights by Nigerians. It is also patently contrary to the objectives of the Nigerian Communications Commission (NCC) as contained in Section 1[g] of the Nigerian Communications Act 2003, which is to protect the rights and interest of service providers and consumers within Nigeria.’”

    “These rights presumably include the rights to freedom of expression, access to information, life and personal security. The enjoyment of these rights forms the basis for a free and democratic society. A democratic government based on the rule of law is one that is responsible to its citizenry and seeks to represent their interests.”

    “The push for registration for NIN is a bad initiative, and cannot find support in existing laws, the Nigerian Constitution of 1999 [as amended] and the country’s international human rights obligations.”

    “SERAP notes that the information on individuals currently being sought by your government already exist in several platforms, including through multiple citizen’s collection data platforms such as the Bank Verification Numbers (BVN), international passport, driver’s license, SIM card registration and voters’ card.”

    “This point is buttressed by Section 5 [h] of the NIMC Act 2007, which provides that: ‘the Commission shall establish and maintain secured communication links with any existing relevant identity related database or agency’”.

    “The statutory duty to harmonize and integrate existing data for the purposes of NIN and SIM card registration should not be difficult to carry out, as the Nigeria Immigration Service, Independent National Electoral Commission (INEC), Central Bank of Nigeria (CBN), and Federal Road Safety Corps (FRSC) are already members of the Board of the NIMC by virtue of section 2[1][b] of the NIMC Act.”

    “Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution 1999, the country’s international human rights obligations including under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights. Nigeria has ratified both human rights treaties.”

    “According to our information, your government has issued a two-week ultimatum for the registration and linking of National Identity Number (NIN) to mobile numbers across the country.”

    “The NCC has also reportedly directed telecom service providers to block phone numbers without NIN while Mr Abubakar has stated that there would be no extension for the announced deadline ending 30 December, 2020.”

    “Your government has also reportedly threatened that, ‘After the deadline, all SIMs without NINs are to be blocked from the networks. Violations of this directive will be met by stiff sanctions, including the possibility of withdrawal of operating license.’”

    The letter is copied to Mr Abubakar Malami SAN, Attorney General of the Federation and Minister of Justice, Mr Pantami, and Mr Abubakar.

  • SERAP asks Buhari to stop Governors from borrowing N17trn from pension funds

    SERAP asks Buhari to stop Governors from borrowing N17trn from pension funds

    Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to President Muhammadu Buhari urging him to use his “good offices and leadership position to urgently instruct the Director-General and Board of the National Pension Commission [NPC] to use their statutory powers to stop the 36 state governors from borrowing and/or withdrawing N17 trillion from the pension funds purportedly for ‘infrastructural development.’”

    The governors last week reportedly proposed to borrow around N17 trillion from the pension funds after receiving a briefing from the Kaduna State Governor, Mallam Nasir el-Rufai, who is the Chairman of the National Economic Council Ad Hoc Committee on Leveraging Portion of Accumulated Pension Funds for Investment in the Nigeria Sovereign Investment Authority [NSIA].

    But in a letter dated 5 December 2020, and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Allowing the governors to borrow from pension funds would be detrimental to the interest of the beneficiaries of the funds, especially given the vulnerability of pension funds to corruption in Nigeria, and the transparency and accountability deficits in several states.”

    SERAP said: “It is patently unjust and contrary to the letter and spirit of the Nigerian Constitution 1999 [as amended], the Pension Reform Act, and the country’s international anti-corruption and human rights obligations for the Federal Government and state governors to repeatedly target pension funds as an escape route from years of corruption and mismanagement in ministries, departments and agencies [MDAs].”

    SERAP expressed “serious concerns that the proposed borrowing by the 36 state governors from the pension funds would lead to serious losses of retirement savings of millions of Nigerians.”

    The letter copied to the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, SAN, read in part: “This proposed borrowing faces the risks of corruption and mismanagement, and would ultimately deny pensioners the right to an adequate standard of living and trap more pensioners in poverty. Rather than devising ways to address pensioner poverty, governments at all levels would seem to be pushing to exacerbate it.”

    “Allowing the governors to borrow money from the pension funds would amount to a fundamental breach of constitutional provisions, the Pension Reform Act, and Nigeria’s international obligations, as well as fiduciary duties imposed by these legal instruments on all public officers to prevent pension funds from unduly risky investments, and to ensure transparency and accountability in the management of pension funds.”

    “We would be grateful if your government would indicate the measures being taken to instruct the NPC to stop the 36 state governors from borrowing and withdrawing any money from the pension funds 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 Registered Trustees of SERAP shall take all appropriate legal actions to compel your government to implement these recommendations in the interest of millions of Nigerian pensioners.”

    “It would also be very difficult to hold state governors to account for the spending of pension funds, as states have persistently failed to account for the spending of public funds including security votes.”

    “Transparency is a key instrument in the spending of any pension fund investment, as it is necessary to ensure the accountability of the funds. However, several states routinely claim that the Freedom of Information Act is not applicable within their states.”

    “Pension funds should not be used to make up for the failure of governments at all levels to cut the cost of governance, and the persistent refusal to reduce wastage and corruption in MDAs, as well as failure to obey court orders to recover life pensions collected by former governors and their deputies, and public funds collected by corrupt electricity contractors who disappeared with the money without executing any power projects.”

    “Many state governors have repeatedly failed to pay workers’ salaries and pensions; several states are failing to pay contributory pension. Therefore, allowing state governors to collect a windfall of pension funds at the expense of pensioners who continue to be denied the fruit of their labour would amount to double jeopardy.”

    “Fiduciary duties require public officers to ensure that pension funds are managed solely and exclusively for the benefit of pensioners, and to consider the socio-economic and human rights impact of pension investment decisions on the intended beneficiaries.”

    “Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution 1999 [as amended], the Pension Reform Act 2014, and Nigeria’s international obligations, including under the UN Convention against Corruption, and the International Covenant on Economic, Social and Cultural Rights.”

    “Your government has a legal obligation under articles 1 and 5 of the UN Convention against Corruption to prevent and combat corruption effectively, to promote integrity, accountability and proper management of public affairs and public property, including pension funds.”

    “Public confidence and accountability in public administration are instrumental to the prevention of corruption and greater efficiency. Article 10 requires Nigeria to take measures to enhance transparency in its public administration relative to its organization, functioning, decision-making processes and/or other aspects, including pension fund investment. Nigeria has ratified the convention.”

    “Under section 85 of the Pension Reform Act, pension funds and assets can only be invested in accordance with the regulations set by the NPC. Section 100 prohibits mismanagement or diversion of pension funds. Therefore, the proposed borrowing by governors from the pension funds is implicitly inconsistent and incompatible with the letter and spirit of the Act, and with Nigeria’s international obligations.”

    “Several states have also failed to observe Convention No 29 on Forced Labour and other international standards on the right of workers to timely payment of salaries and pensions. Borrowing from the pension funds is also implicitly inconsistent with right to work recognized by various ILO instruments and article 6 of the International Covenant on Economic, Social and Cultural Rights, to which Nigeria is a state party.”

    “The right to work is essential for realizing other human rights and forms an inseparable and inherent part of human dignity. The governors cannot on the one hand fail to pay workers’ salaries and pensions while on the other hand proposing to withdraw money from pension funds.”

  • SERAP to Buhari: Stop governors bid to borrow N17trn from Pension funds

    SERAP to Buhari: Stop governors bid to borrow N17trn from Pension funds

    Socio-Economic Rights and Accountability Project has urged President Muhammadu Buhari to instruct the Director-General and Board of the National Pension Commission to use their statutory powers to stop the 36 state governors from borrowing or withdrawing N17 trillion from the pension funds purportedly for ‘infrastructural development.”

    The organisation said this in a letter dated December 5, 2020, and signed by SERAP deputy director Kolawole Oluwadare.

    The organisation said, “Allowing the governors to borrow from pension funds would be detrimental to the interest of the beneficiaries of the funds, especially given the vulnerability of pension funds to corruption in Nigeria, and the transparency and accountability deficits in several states.”

    SERAP said, “It is patently unjust and contrary to the letter and spirit of the Nigerian Constitution 1999 [as amended], the Pension Reform Act, and the country’s international anti-corruption and human rights obligations for the Federal Government and state governors to repeatedly target pension funds as an escape route from years of corruption and mismanagement in ministries, departments and agencies.”

    SERAP expressed “serious concerns that the proposed borrowing by the 36 state governors from the pension funds would lead to serious losses of retirement savings of millions of Nigerians.”

    Part of the letter read, “This proposed borrowing faces the risks of corruption and mismanagement, and would ultimately deny pensioners the right to an adequate standard of living and trap more pensioners in poverty. Rather than devising ways to address pensioner poverty, governments at all levels would seem to be pushing to exacerbate it.”

    “Allowing the governors to borrow money from the pension funds would amount to a fundamental breach of constitutional provisions, the Pension Reform Act, and Nigeria’s international obligations, as well as fiduciary duties imposed by these legal instruments on all public officers to prevent pension funds from unduly risky investments, and to ensure transparency and accountability in the management of pension funds.”

  • SERAP wins round one in battle to compel Okowa, UBEC to account for education funds

    SERAP wins round one in battle to compel Okowa, UBEC to account for education funds

    There is prospect Nigerians keen on knowing details of how Universal Basic Education Commission (UBEC) funds are disbursed and spent by the Delta State Government may soon have some answers, as Socio-Economic Rights and Accountability Project (SERAP) has won the latest round in the legal battle to compel Governor Ifeanyi Okowa and UBEC to publish spending details of the funds collected for primary schools in the state, and the locations of projects carried out between 2015 and 2019.

    Justice Rilwan Aikawa of the Federal High Court in Ikoyi, Lagos, last week ruled that, “Going through the Application filed by SERAP, supported by a 13-paragraph affidavit, with supporting exhibits, statements setting out the facts, verifying affidavits and written address in support, I am satisfied that leave ought to be granted in this case, and I hereby grant the motion for leave as prayed.”

    Justice Aikawa granted the order for leave following the hearing of an argument in court on exparte motion by SERAP counsel, Ms Joke Fekumo.

    The suit number FHC/L/CS/803/2019 filed last year followed “the failure by Governor Okowa, UBEC, and the Delta State Universal Basic Education Board (SUBEB) to explain how billions of naira of UBEC funds and from the Federation Accounts Allocation Committee have been spent, and to disclose the locations of primary school projects.”

    The order by Justice Aikawa has now cleared the way for SERAP to advance its case against Governor Okowa, UBEC, and SUBEB and to challenge the legality of their refusal to publish the information requested. The suit is adjourned to 14th January, 2021 for motion on notice.

    In the suit, SERAP is applying for judicial review and to seek an order of mandamus directing and compelling Governor Okowa, UBEC, and SUBEB to “widely publish details of disbursement and spending of UBEC funds in Delta State; locations of projects carried out, and details of primary schools that have benefited from any spending of public funds.”

    SERAP is also seeking “an order of mandamus directing and compelling Governor Okowa, UBEC, and SUBEB to disclose details of actual spending to provide access to quality education for children with disabilities in Delta State, and the names of the schools that have benefited from any such spending.”

    The suit, read in part: “Delta State government has received over N7.8 billion from UBEC. The government has also received funds from federal allocations to Delta State. The government accessed over N3 billion of UBEC funds between 2015 and 2016, while it also reportedly approved the release of N1.28 billion counterpart funds to enable it access UBEC funds for 2017.”

    “The government also received N213 billion from Federation Accounts Allocation Committee (FAAC) in 2018, at an average of N17.8 billion monthly. Yet, several of the around 1,124 primary schools across the State are in shambles, and with very poor teaching facilities.”

    “Tens of thousands of Nigerian children are being left behind in Delta state and their futures put in jeopardy. These children are being short-changed and they deserve to know how much exactly have the state government and UBEC spent between 2015 and 2019, on their education.”

    “The right to information and truth allows Nigerians to gain access to information essential to the fight against corruption, institutionalise good governance and improve citizens’ confidence in public institutions and officials.”

    “The refusal by the governor, UBEC and SUBEB to respond to SERAP’s Freedom of Information requests can only be construed to mean denial of the information sought. We shouldn’t have to ask for the information on spending of public funds in the state. The poor conditions of primary schools across the state would seem to suggest that the government has abandoned poor children in Delta state.”

    “The governor, UBEC and SUBEB have nothing to lose if the information is released to SERAP and members of the public. It is in the interest of justice that the information be released. Unless the reliefs sought herein are granted, the governor, UBEC and SUBEB will continue to be in breach of the Freedom of Information Act, and other constitutional and statutory responsibilities.”

    “The information is needed to verify and establish the truth about the spending of public funds on education by the government, for the purposes of transparency and accountability. There must be accountability for the massive budgetary allocations to primary education in the state, including the funds provided by UBEC.”

    “Access to information held by public authorities is a fundamental element of the right to freedom of expression guaranteed by Section 39 of the Nigerian Constitution of 1999 (as amended) and vital to the proper functioning of any democratic system. Providing the requested information will also allow the citizens to track the level of execution of education projects in the state.”

    It would be recalled that SERAP had last year in separate Freedom of Information requests to the governor, UBEC and SUBEB stated: “The evidence of education deficit in the state is further buttressed by the case of Success Adegor, who was sent home because her parents could not pay the illegal school fee/levy of N900 and the insufficient and poor-quality education infrastructure of Okotie-Eboh Primary School 1, Sapele.”

  • #EndSARS: NBC faces two lawsuits over N9m fine against TV stations

    #EndSARS: NBC faces two lawsuits over N9m fine against TV stations

    Two separate lawsuits have been filed against the National Broadcasting Commission over the N3m fine imposed by the commission on three television stations in relation to their coverage of the #EndSARS protests.

    One of the two suits was filed by Socio-Economic Rights and Accountability Project; while the second one was filed by a group of lawyers, under the aegis of Digital Rights Lawyers Initiative.

    Both suits are before the Federal High Court in Abuja.

    SERAP, which filed its suit in collaboration with 261 concerned Nigerians, civil society and media groups, also joined the Minister of Information and Culture, Lai Mohammed; and the acting Director-General of the NBC, Prof. Armstrong Idachaba, as defendants.

    The group is urging the court to declare that the N3m fine imposed by NBC on each of Channels TV, Africa Independent Television and Arise TV over their coverage of the #EndSARS protests was “arbitrary, illegal and unconstitutional.”

    It wants the court to stop NBC from enforcing the fine.

    SERAP contended that the information minister had been making consistent efforts to gag the press from performing their watchdog role by using broadcasting codes.

    The group said the imposition of N3 million fine on each of Channels TV, Africa Independent Television, and Arise TV without giving them fair hearing was in breach of the constitutional rights of the media houses.

    “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,” SERAP said.

    It urged the court to strike down Section 2[n] of the NBC Act and Broadcasting Code relied upon by the NBC and information minister to impose fines on the three stations.

    SERAP argued that that section was inconsistent sections 22 and 39 of the Nigerian Constitution which guarantee freedom of expression, access to information, and media freedom.

    Similarly, DRLI, in the suit filed by its lawyers, Messrs Solomon Okedara and Olumide Babalola, contended that “the sanction and fine imposed on the television stations creates a chilling effect on freedom of expression and constitutes an unjustifiable interference of its members’ right to freedom of expression particularly, their right to receive ideas and information from the sanctioned television stations.”

    DRLI is praying the court to set aside the N3m fine and to award N1m damages against the NBC.

  • SERAP gives NBC 48 hours to rescind N9m fine on Channels TV, Arise, AIT

    SERAP gives NBC 48 hours to rescind N9m fine on Channels TV, Arise, AIT

    The National Broadcasting Commission (NBC) has fined three broadcast stations – Channels Television, Arise Television and Africa Independent Television – N3 million each for their coverage of the #EndSARS protests.

    NBC Director-General Prof. Armstrong Idachaba in a press conference in Abuja on Monday described their coverage as “unprofessional”.

    “Channels Television, Arise TV and AIT especially continued to transmit footages obtained from unverified and unauthenticated social media sources. No doubt these pictures stimulated anger and heightened the violence that was witnessed during the crisis,” Idachaba said.

    In addition to the fine on AIT, the broadcast industry regulator said it is considering seizing the station’s licence over a false report that the National Ecumenical Centre was set ablaze.

    Last week, the NBC warned all broadcast stations against reporting the #EndSARS protests in a manner that could embarrass the government or private individuals or cause disaffection, incite panic or rift in the society.

    Meanwhile, the Socio-Economic Rights and Accountability Project (SERAP) has condemned NBC’s action.

    “This action by NBC is yet another example of Nigerian authorities’ push to silence independent media and voices. NBC should drop the fines and uphold Nigerian constitution and international obligations to respect and protect freedom of expression and media freedom. We will sue NBC if the unconstitutional fines are not rescinded within 48 hours,” a statement by its deputy director Kolawole Oluwadare read.

    “This is a new low in Nigeria’s protection of freedom of expression, and the ability of independent media to function in the country. The fines are detrimental to media freedom, and access to information, and the NBC must immediately withdraw the decision.”

    SERAP further said: “President Muhammadu Buhari should caution the NBC to stop intimidating and harassing independent media houses and to respect the Nigerian Constitution 1999 [as amended] and the country’s international human rights obligations, including under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights.”

  • #EndSARS: SERAP drags Buhari-led govt to Commonwealth for sanction

    #EndSARS: SERAP drags Buhari-led govt to Commonwealth for sanction

    Socio-Economic Rights and Accountability Project (SERAP) has dragged President Muhammadu Buhari’s Nigeria to the Commonwealth, requesting for Nigeria’s suspension over human rights violations and abuses.

    The group made the request in an urgent appeal to Patricia Scotland, Secretary-General of the Commonwealth.

    The group once suspended Nigeria in 1995 during the Abacha era for illegal executions of Ken Saro-Wiwa and others and ‘serious violation of the principles set out in the Harare Declaration’.

    In the appeal dated 10 October, SERAP urged her to use her “leadership position to apply the Commonwealth Charter to hold Nigerian authorities to account for widespread and persistent attacks on peaceful protesters, reports of human rights violations and abuses, corruption, impunity, as well as disregard for the rule of law.”

    The organization asked Scotland to “urgently consider recommending the suspension of Nigeria from the Commonwealth to the Heads of Government, the Commonwealth Chair-in-office, and Her Majesty Queen Elizabeth II, as Head of the Commonwealth, to push the government to respect the Commonwealth’s values of human rights, transparency, accountability and the rule of law.”

    SERAP deputy director Kolawole Oluwadare, who signed the appeal said: “Such action by the Commonwealth will be commensurate with the gravity of the human rights situation in the country.

    “A government that attacks its own citizens for peaceful protests severely undermines its credibility as a democratic regime that respects human rights and the rule of law.”

    According to SERAP, “Respect for Commonwealth values is essential for citizens to trust Commonwealth institutions. The Commonwealth ought to make clear that respect for human rights, transparency and the rule of law is fundamental to the integrity, functioning and effectiveness of its institutions.”

    “Persistent attacks on protesters have severely constrained the ability of the people to participate in their own government, and to hold authorities and public officials to account for alleged corruption, and human rights violations and abuses, thereby causing serious hardships for ordinary Nigerians, and undermining their rights, livelihood and dignity.”

    “The ongoing events in Nigeria demonstrate the authorities’ determination to suppress all forms of peaceful dissent and freedom of expression of the Nigerian people. There are well-founded fears that the human rights situation in Nigeria will deteriorate even further if urgent action is not taken to address it.”

    “These protests are taking place against a backdrop of the failure by the Nigerian government to address persistent concerns around police brutality and impunity, corruption, lack of respect for economic and social rights of the people, and disregard for the rule of law.

    “The result has been a crisis of daily electricity outages, a struggling public education and health system, lack of access to clean water, and widespread youth unemployment.”

    “Lack of transparency and accountability, and the absence of the rule of law in Nigeria have resulted in a growing level of protest activity, and an unprecedented brutal crackdown on human rights by the authorities.”

    “People have been targeted simply for exercising their fundamental freedoms including their rights to freedom of peaceful assembly and expression to end police brutality and impunity.

    “SERAP is concerned about a significant deterioration in the human rights situation in the country since the assumption of office by the government of President Muhammadu Buhari in May 2015.”

    “Nigerian authorities have since 2015 promised to address police brutality and impunity but have repeatedly failed to do so. Authorities would seem to be suppressing protests to punish and intimidate people campaigning for an end to police corruption and brutality, grand corruption and impunity, human rights abuses, and disregard for the rule of law.”

    “Allowing citizens to freely exercise their human rights including to freedom of expression and peaceful protest without threat of reprisal or attack would enable them to contribute to society on issues of transparency, accountability, good governance, integrity, and human rights.”

    “The Commonwealth Charter recognises the inalienable right of individuals to participate in democratic processes, in particular through peaceful protests and freedom of expression in shaping the society in which they live and for these rights to be protected and respected.”

    “Similarly, Nigeria has responsibility under the Nigerian Constitution of 1999 [as amended] and international human rights treaties to which the country is a state party to protect peaceful protesters and ensure a safe and enabling environment for people to exercise their freedom of expression and peaceful assembly.”

    “According to our information, the Nigerian government has continued to crackdown on peaceful protesters, including #EndSARS protesters, who are campaigning against police brutality, corruption and impunity.”

    READ ALSO Leah Sharibu: Buhari vows to seek her release and others from Boko Haram
    “The authorities are committing other ongoing, widespread violations of human rights, including arbitrary arrests, torture and other ill- treatment and killings in response to the exercise by the people of their rights to freedom of expression and peaceful assembly.”

    “Amnesty International’s reports show disturbing cases of attacks on #EndSARS protesters. Jimoh Isiaq, a protester, was killed by the Special Anti-Robbery Squad (SARS) operatives of the Nigeria Police in Ogbomoso. Tiamiyu Kazeem, a footballer was also killed in Sagamu by the police. These are just a few examples of the many human rights violations and abuses committed by the Nigeria police and security agents.

    “According to Amnesty International, ‘SARS detention centre in Abuja was previously a butcher’s yard and is commonly known as the abattoir. Some suspects detained in abattoir rarely come out alive.’”

    “Nigeria police and security agents routinely respond to peaceful protests with disproportionate use of force, including using live ammunition, resulting in injuries to many individuals and deaths. Journalists covering protests have been targeted, some of whom have been beaten simply for performing their professional duty.”