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Tag: SERAP

  • How FG spent N31bn in 4 months to fight COVID-19

    How FG spent N31bn in 4 months to fight COVID-19

    The Federal Government of Nigeria has disclosed that it “spent N30,540,563,571.09, representing 84% of the N36.3 billion public funds and donations received to respond to COVID-19 between 1st April, 2020 and 31st July, 2020, leaving the balance of N5.9 billion”.

    The Accountant-General of the Federation, Mr. Ahmed Idris stated this in response to the Freedom of Information request dated 10 August, 2020 and sent to him by Socio-Economic Rights and Accountability Project (SERAP) and Connected Development (CODE).

    In the reply to Mr Idris dated 4th September 2020, and signed by SERAP deputy director Kolawole Oluwadare and CODE Chief Executive Hamzat Lawal, the organizations said: “We note among others that the Presidential Task Force on COVID-19 spent N22 billion; and 36 states spent N7 billion to support their COVID-19 initiatives.”

    The groups said: “We also note that the Nigerian Air Force (NAF) spent N877 million for deployment of assets in support of COVID-19 operations; while the Nigeria Police spent N500 million on personal protective equipment. N17,865.09 was paid as bank charges.”

    The reply by the groups, read in part: “However, we also note that the documents sent to us do not contain other significant details as indicated in our FoI request dated 10 August, 2020, including details and breakdown of the number of Nigerians who directly or indirectly have benefited from the spending, and details on plans to spend the balance of N5.9 billion in the COVID-19 Eradication Support Accounts.”

    “It is refreshing to note that 115 ordinary Nigerians donated between N1 and N100 to support the authorities’ efforts to fight COVID-19, despite the fact that it is the country’s poorest and most disadvantaged sectors of the population that continue to bear the brunt of the COVID-19 pandemic.”

    “This is a huge lesson for public officials and politicians about the idea of public service to one’s country. It also sends a powerful message about the need for politicians to see public office as an opportunity to serve and give something back to the country, and not a place to mismanage, steal or divert the people’s commonwealth into private pockets for personal benefits.”

    “We welcome your demonstrated commitment to transparency and accountability, and hope other public officials and institutions would emulate and learn from the good example you have shown by honouring and respecting FoI Act as a matter of routine and practice.”

    “We would therefore be grateful to receive more specific details and additional information on the spending of N34.4bn between April and July, and details on plans to spend the balance of the balance of N5.9 billion in the COVID-19 Eradication Support Accounts.”

    “Of the N36.3bn public funds and donations received, N1.4bn came from Nigerians and companies through accounts at the First Bank; Access Bank; GTB, Zenith, and UBA, while N536m donations were made through the Central Bank of Nigeria [CBN]. The N536 donations comprise of N89m and N279m from the Senate and House of Representatives, respectively.”

    “In addition, China General Chambers of Commerce in Nigeria donated N48m; the Petroleum Equalization Management Board gave N50m while the Nigerian Content Development and Monitoring Board donated N70m.”

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

    “We are writing to acknowledge receipt of the undated letter signed on your behalf by Mrs Odanwu Chizoba, from the Office of Accountant General of the Federation, but received 2nd September, 2020, on the above subject-matter in which the Federal Government provided some information on inflows and outflows of COVID-19 funds, drawn from COVID-19 Eradication Support Accounts. We appreciate your co-operation in this regard.”

    Specifically, the groups are asking Mr Idris to provide to them with the following:

    Details and breakdown of where the N34.4bn public funds from the Federal Government came from, and whether or not the money was duly appropriated by the National Assembly;

    Details of specific projects and activities on which the Presidential Task Force on COVID-19 has spent the N22.16bn, which represents 72% of the money spent, including how the spending has directly or indirectly benefited Nigerians, as well as details of names of any such beneficiaries;

    Details and breakdown of money, if any, spent to provide personal protective equipment to Nigerian doctors and medical workers who are at the forefront in the fight against COVID-19;

    Details and breakdown of the N7bn given to 36 states, and the specific amount of money collected by each state. This money represents 23% of the total amount spent within 4 months;

    Details and breakdown of the N877m [2.9% of the money] spent by the Nigerian Air Force for deployment of assets in support of COVID-19 operations, as well as the nature of any such operations;

    Details and breakdown of the N500m [1.6% of the money] spent by the Nigeria Police on personal protective equipment;

    “The Office of the Accountant General of the Federation should also take steps to approach and request from the Presidential Task Force on COVID-19, the Nigerian Air Force, Nigeria Police Force, and the 36 states any of the details highlighted above, if the information is not held by your Office, in line with the provisions of the FoI Act.”

    “Under the FoI Act, other public institution or institutions that may be holding the requested information are obligated to provide the information.”

    “Please accept the expression of our highest consideration. Thanking you in advance of your urgent attention to the matter.”

  • SERAP drags Buhari to court over N800bn recovered loot

    SERAP drags Buhari to court over N800bn recovered loot

    Socio-Economic Rights and Accountability Project has filed a lawsuit against the President, President Muhammadu Buhari, over the failure to disclose information and documents relating to the names of people from whom N800bn looted public funds have been recovered, specific dates of the recovery, and details of projects on which the money had been spent.”

    A statement signed by SERAP Deputy Director, Kolawole Oluwadare, noted that the President had, in paragraph 78 of his speech to mark Democracy Day on June 12, 2020, stated that: “the government has recovered looted funds in excess of N800 billion. These monies are being ploughed into development and infrastructure projects.”

    In the suit number FHC/ABJ/CS/1064/2020 filed last Friday at the Federal High Court, Abuja, SERAP is seeking “an order for leave to apply for judicial review and an order of mandamus to direct and/or compel President Buhari to publish a comprehensive list of names of people from whom N800bn in looted funds have been recovered, the details of spending of the money, and the specific dates of the recovery.”

    SERAP is also seeking: “an order of mandamus to direct and compel President Buhari to instruct appropriate anti-corruption agencies to promptly, thoroughly and transparently investigate alleged payment of N51bn of public funds into individual private accounts in 2019.”

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

    In the suit, SERAP is arguing that the court ought to compel the respondents to disclose the details and whereabouts of the public funds.

    “There is no legally justifiable reason why the information should not be made widely available to Nigerians, especially as the Nigerian Constitution of 1999 (as amended) requires the government in section 15(5) to abolish all forms of corruption. That means ensuring transparency and accountability in the management of public resources and wealth,” it stated.

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

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

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

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

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

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

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

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

  • SERAP to Buhari: Order Lai Mohammed to withdraw NBC ‘insult code’ within 7 days

    SERAP to Buhari: Order Lai Mohammed to withdraw NBC ‘insult code’ within 7 days

    The new National Broadcasting Commission (NBC) Code and Memo threatening to sanction any broadcast that denigrates, disrespects, insults, and abuses president, governors, lawmakers, and other elders and leaders in authority, must be withdrawn urgently.

    Socio-Economic Rights and Accountability Project (SERAP) in open letter to President Muhammadu Buhari today urged him to instruct Mr Lai Mohammed, Minister of Information and Culture to do so.

    SERAP also asked President Buhari to “instruct Mr Mohammed and the NBC to immediately rescind the fine of N5m imposed on Nigeria Info 99.3 FM radio station.

    The fine was imposed following comments by a former Deputy Governor of the Central Bank of Nigeria, Obadiah Malafia, in which he alleged a serving governor is a commander of Boko Haram.

    Malafia later said he picked up the information from the market and apologised to the DSS last week.

    The NBC thereafter issued a stern warning to journalists and broadcast stations.

    It stated: “To denigrate our governors, lawmakers, elders and leaders in abusive terms is not our culture. We respect our leaders as a positive cultural value. The Commission may be compelled to impose sanctions where stations fail to curb this practice.”

    In SERAP’s letter dated 15 August and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Rather than pushing to enforce a culture to respect president, governors, lawmakers, elders, and other leaders, Mr Muhammed and the NBC should use their entrusted public office and mandates to promote a culture of public debate, access to information, transparency and accountability in government.”

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

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

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

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

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

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

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

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

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

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

    The Board of NBC has denounced the code as illegal.

  • SERAP cautions World Bank over $114.28m disbursement to Nigeria

    SERAP cautions World Bank over $114.28m disbursement to Nigeria

    Advocacy group, Socio-Economic Rights and Accountability Project, has asked the World Bank to tread carefully in the disbursement of $114.28m to Nigeria for the purpose of tackling economic challenges of the COVID-19 pandemic.

    The group said in giving the $114.28m facility to Nigeria, the World Bank must obtain an undertaking from the federal and state governments that they would be transparent in the handling of the funds.

    SERAP gave the advice in an open letter on Sunday by its Deputy Director, Kolawole Oludare, to the President of the World Bank, Mr David Malpass.

    The open letter was titled, ‘COVID-19: SERAP asks World Bank to ‘tread carefully in disbursing $114.28m credit for Nigeria’.

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

    [SERAP said, “The World Bank has a responsibility to ensure that federal authorities and state governments are transparent and accountable to Nigerians in how they spend the approved credit and grant. The Bank should tread carefully in the disbursement of funds or distribution of resources to states if it is to reduce vulnerability to corruption and mismanagement.

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

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

  • Serap to NASS: ‘Publish all reports of corruption probes since 1999’

    Serap to NASS: ‘Publish all reports of corruption probes since 1999’

    The Senate President, Dr Ahmad Lawan and Speaker of House of Representatives, Mr Femi Gbajabiamila have been sent a request by a Nigerian group, to urgently publish all reports of corruption probes by the National Assembly since 1999.

    Socio-Economic Rights and Accountability Project (SERAP) made the request under the Freedom of Information (FoI) Act.

    The organization also the two principal officials of the National Assembly to “disclose the number and details of public hearings and corruption probes by the National Assembly that have resulted in any indictment of suspects, and to name such suspects.

    “The reports should be sent to appropriate anti-corruption agencies to consider if there is sufficient admissible evidence to pursue prosecution,” the group said in a 25 July letter by
    its deputy director Kolawole Oluwadare.

    “Publishing the reports of hearings and probes would bolster public trust and confidence in the oversight functions, and dispel the perception that many of these hearings and probes are politically motivated and serve personal interest, rather than the general public interests.”

    “The most effective way to deter corruption is to make the cost of engaging in these types of acts higher than the rewards.

    “This end can only be accomplished by making public the reports and pursuing public accountability for corrupt acts. Doing so would also give Nigerians greater confidence that their lawmakers can use their constitutional oversight functions to address corruption in Nigeria.”

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

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

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

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

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

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

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

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

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

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

  • SERAP to Buhari: Suspend Akpabio now, set up panel to probe NDDC

    SERAP to Buhari: Suspend Akpabio now, set up panel to probe NDDC

    The Socio-Economic Rights and Accountability Project has asked President Muhammadu Buhari set up a presidential investigative panel to probe corruption allegations in the Niger Delta Development Commission.

    The not-for-profit organisation also urged the President to suspend the Minister of Niger Delta Affairs, Godswill Akpabio, and all those involved in the allegations pending the outcome of any such investigation.

    SERAP said a special panel was necessary to probe the agency as the investigation by the National Assembly has been “controversial and has turned into a ‘dirty fight’”.

    This was contained in an open letter dated June 18 and signed by SERAP Deputy Director, Kolawole Oluwadare.

    In the letter, SERAP asked the presidential panel, if set up, to probe the allegations that the NDDC spent N81.5 billion on travels, condolences, consultancy and public communication between January and July 2020.

    The letter partly read, “SERAP also urges you to instruct the police authorities and security agencies to immediately end the harassment and intimidation of Ms Joy Nunieh, former Acting Managing Director of NDDC, or any other witnesses and whistle-blowers. Suspected perpetrators will escape justice if witnesses and whistle-blowers are intimidated, harassed or threatened.

    “These are extremely serious allegations. Nigerians expect that those who run the NDDC should be free of corruption, and should enjoy no impunity. Nigerians who want to see development and prosperity in the Niger Delta will want you to take the lead to get to the bottom of these allegations and take appropriate and decisive action to address them.”

    SERAP also said the special panel should work closely with anti-corruption agencies that would “protect the integrity of the forensic audit, remove the possibility of obstruction of justice, and interference in the process by those suspected to be involved in alleged corruption in the NDDC.”

    “Your government should send a strong message of intolerance for grave corruption in the NDDC, and show that you are willing and able to enforce important constitutional, statutory and international principles and obligations,” the letter added.

  • SERAP drags FG to court over COVID-19 palliatives

    SERAP drags FG to court over COVID-19 palliatives

    Socio-Economic Rights and Accountability Project has filed a lawsuit against the Federal High Court, Abuja to order the Federal Government and Central Bank of Nigeria over coronavirus palliatives in the country.

    The group asked the court to order the FG and CBN to publicly identify and name Nigerians who have so far benefited from any cash payments, cash transfers, food distribution and other reliefs and palliatives during the lockdown in Abuja, Lagos, and Ogun states because of COVID-19.

    SERAP in a statement on Sunday said the suit followed its Freedom of Information requests dated 4 April, 2020, expressing concern that “millions of the country’s poorest and most vulnerable people have not benefited from the announced palliatives, donations, reported cash payments, cash transfers and other reliefs.”

    The suit number FHC/ABJ/CS/657/2020 filed last week on behalf of SERAP by its counsel, Kolawole Oluwadare and Joke Fekumo, read in part, “By a combined reading of the FoI Act and the African Charter on Human and Peoples’ Rights, Ms Umar-Farouk and Mr Emefiele ought to be directed and compelled to make public details of those that have benefited from COVID-19 funds and donations.

    “Any perception that the reliefs, funds and donations are not reaching intended beneficiaries would undermine public trust and the integrity of the entire processes and modes of distribution of reliefs/benefits to these Nigerians.

    “Both the Minister of Humanitarian Affairs, Disasters Management and Social Development, and the CBN governor have a legal duty to ensure that information on the details of those who have so far benefited from COVID-19 funds and donations is released to SERAP upon requests, and that the information is widely published. Yet, both have completely ignored SERAP’s requests.”

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

  • Publish details of N800bn recovered loot, N51bn paid to individuals – SERAP tells Buhari

    The body asked Buhari to direct Abubakar Malami, Attorney General of the Federation and Minister of Justice and Zainab Ahmed, Minister of Finance to publish a comprehensive list of names of people from whom N800billion in looted funds have been recovered, the details of spending of the money and the dates of the recovery.

    It also urged the president to direct anti-graft agencies to investigate allegations that payments totaling N51billion were made into individual accounts in 2019.

    SERAP reminded Buhari that in his speech to mark the occasion of the Democracy Day on June 12, 2020, he disclosed that the government’s anti-corruption fight has yielded over N800billion in recovered loot.

    The body recalled BudgIT’s report that the open treasury portal by the federal government has allegedly shown that payments totalling N51 billion were made into individual accounts in 2019.

    SERAP, in a June 13 letter signed by deputy director Kolawole Oluwadare, the organization its call was consistent with fundamental principles of due process, and Nigeria’s international anti-corruption commitments.

    It noted that the information will reveal the truth of where money is going, why it is there, and allow Nigerians an opportunity to assess the impacts of any projects carried out with the recovered loot and the alleged payments into individual accounts.

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    SERAP said as a signatory to the UN Convention against Corruption, the African Union Convention on Preventing and Combating Corruption, and the African Charter on Human and Peoples’ Rights, Nigeria has committed to ensure transparent management of public resources, and unhindered access to public information.

    It stressed that the commitments ought to be fully upheld and respected.

    SERAP stated that tansparency over transactions by the government is critical to ensuring public confidence in the integrity of management of public resources.

    “We would be grateful if the requested information is provided to us within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, the Registered Trustees of SERAP shall take all appropriate legal actions under the Freedom of Information Act to compel you to comply with our request”, it said.

  • Buhari, Osinbajo’s assets declaration ‘battle’ goes to Appeal Court

    Buhari, Osinbajo’s assets declaration ‘battle’ goes to Appeal Court

    Socio-Economic Rights and Accountability Project (SERAP) has asked the Court of Appeal sitting in Lagos to set aside a judgment of a Federal High Court and to order public disclosure of asset declaration details submitted to the Code of Conduct Bureau (CCB) by President Muhammadu Buhari, Vice President Professor Yemi Osinbajo, governors and their deputies and other politicians since 1999.”

    The Federal High Court sitting in Lagos had on Monday, May 11, 2020, dismissed the application filed by SERAP seeking “an order of mandamus to direct and compel the CCB to make available to the public specific details of asset declarations submitted to it by successive presidents, vice-presidents, senate presidents, speakers of House of Representatives, state governors and their deputies since 1999.”

    Justice Muslim Hassan declined the prayers, holding that, “I agree with the CCB that the duty to make the asset declaration form of public officers available is dependent upon the terms and conditions to be proscribed by the National Assembly. The terms and conditions must be specific and related to asset declaration of public officers and not legislation of general nature such as the Freedom of Information Act.”

    SERAP in the appeal filed last week contended that, “The learned trial judge misinterpreted the provision and purport of paragraph 3[c], Third Schedule, Part 1 of the 1999 Nigerian Constitution (as amended). The judge did not consider that the Freedom of information was enacted by the National Assembly in 2011 to grant public access to public documents.”

    SERAP also argued that, “The learned trial Judge erred in law by holding that the Freedom of information Act is a legislation of general nature in relation to public access to asset declaration forms of public officers. The judge erred in law when he held that SERAP’s application ‘is unmeritorious and it is accordingly dismissed.’”

    SERAP also contended that, “the learned trial judge failed to apply the provisions of Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria 2004, which allows access to public documents to the facts of this case.”

    According to SERAP, “The failure or refusal by the CCB to provide the information requested by SERAP constitutes a violation of their right to freedom of information guaranteed by Article 9 of the African Charter on Human and Peoples’ Rights.”

    The appeal filed on SERAP’s behalf by its lawyers Kolawole Oluwadare, Opeyemi Owolabi and Adelanke Aremo, read in part: “The learned trial judge failed to determine whether the asset declaration forms kept in the records of the CCB are public documents. The judge failed to determine whether the public interest in disclosing the information outweighs whatever injury that the disclosure would cause the CCB and public officers.”

    “The learned trial judge erred in law when His Lordship failed to determine the real questions in issue in the suit. The judge failed to determine whether SERAP’s freedom of information request falls within the purview of those exempted under the Freedom of Information Act.”

    “Asset declaration forms submitted by public officers are public documents in the custody of the CCB. The CCB is under a legal obligation to provide the information requested by SERAP in accordance with the provisions of the Freedom of Information Act, and the African Charter on Human and Peoples’ Rights.”

    SERAP is therefore seeking “an order allowing the Appeal, and setting aside the judgement of the Honourable Justice Muslim Hassan delivered on Monday, 11th May, 2020.”

    SERAP is also asking the Court of Appeal for “an order granting all the reliefs sought by the Appellant in the Appellant’s motion on notice dated 4th October 2019 before the lower court including an order of mandamus directing and compelling the CCB to publish details of asset declarations as prayed; and a declaration that the failure of the CCB to publish the asset declarations amounts to a breach of legal obligation.”

    SERAP is asking the Court of Appeal for “a declaration that the failure of the CCB to provide specific documents and information on the number of asset declarations so far verified by it, and the number of those declarations found to be false and deemed to be in breach of the Code of Conduct for Public Officers by the Bureau violates the Freedom of Information Act and the African Charter.”

    SERAP is also seeking an “order of mandamus directing and compelling the CCB to immediately take cases of false asset declarations to the Code of Conduct Tribunal for effective prosecution of suspects, and include banning the politicians involved from holding public offices for at least a period of 10 years and seeking refund of stolen public funds as part of the reliefs to be sought before the Tribunal.”

    SERAP is asking for “any other relief or reliefs the Court of Appeal may deem fit to grant in the circumstances and pursuant to its inherent powers.”

    It would be recalled that SERAP had in suit number FHC/L/CS/1019/2019 argued: “Asset declarations of presidents and state governors submitted to the CCB are public documents. Public interest in disclosure of the details of asset declarations clearly outweighs any claim of protection of the privacy of presidents and state governors, as they are public officers entrusted with the duty to manage public funds, among other public functions.”

    The suit, read in part: “A necessary implication of the rule of law is that a public institution like the CCB can only act in accordance with the law, as to do otherwise may enthrone arbitrariness. The CCB does not have reasonable grounds on which to deny SERAP’s FOI request, as it is in the interest of justice, the Nigerian public, transparency and accountability to publish details of asset declarations by presidents and state governors since the return of democracy in 1999.”

    “Disclosing details of asset declarations of public officers such as presidents and state governors would improve public trust in the ability of the CCB to effectively discharge its mandate. This would in turn put pressure on public officers like presidents and state governors to make voluntary public declaration of their assets.”

    “Democracy cannot flourish if governments operate in secrecy, no matter how much open discussion and debate is allowed.”

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

  • SERAP drags Buhari, NASS to UN over cuts in health, UBE budgets, N27bn for renovation

    SERAP drags Buhari, NASS to UN over cuts in health, UBE budgets, N27bn for renovation

    Socio-Economic Rights and Accountability Project (SERAP) has sent an urgent appeal to three UN special rapporteurs urging them to use their “mandates to urgently request the Nigerian government and the leadership of the National Assembly to immediately reverse the unlawful, disproportionate and discriminatory budget cuts to education and healthcare, and to stop the authorities from spending N27bn to renovate the National Assembly complex.”

    The special rapporteurs are: Ms. Koumbou Boly Barry, Special Rapporteur on the right to education; Mr. Dainius Puras, Special Rapporteur on the right to health; and Mr. Olivier De Schutter, Special Rapporteur on extreme poverty and human rights.

    In the revised 2020 budget approved yesterday, the Federal Government reportedly gave the National Assembly N27bn for the renovation of its complex, and cut health, Universal Basic Education budgets by over 50 percent. While the health budget is reduced from N44.4bn to N25.5bn, the UBE budget is reduced from N111.7bn to just N51.1bn.

    In the urgent appeal dated June 3, 2020, and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Nigerian authorities are putting politicians’ allowances and comfort before citizens’ human rights. The budget cuts show failure to address the growing economic and social inequality in the country, and to genuinely address the consequences of COVID-19 on the poor and marginalized groups.”

    According to SERAP: “Nigeria’s budget deficits are caused by excessive expenditures on politicians’ allowances and mismanagement. Nigerian authorities would only be able to commit to fiscal discipline if they prioritise cutting the allowances of lawmakers and the costs of governance in general, rather than cutting critical funding for healthcare and education.”

    SERAP said: “We believe that alternative policies and measures, such as reducing the costs of governance, including the excessive allowances for high-ranking public officials and the lawmakers, would have been a more appropriate solution to addressing budget deficits, as this would increase the available resources for healthcare and education, which in turn would contribute to reducing socio-economic inequality.”

    The urgent appeal, read in part: “Nigerian authorities also ought to show that the budget cuts to healthcare and education are necessary and proportionate, in that they must be justifiable after the most careful consideration of all other less restrictive alternatives, for example excessive allowances for Nigerian lawmakers, and excessive costs of governance, in general.”

    “According to SERAP’s information, criteria established in international standards have not been duly justified in the implementation of the budget cuts to healthcare and education. Instead, the cuts appear to be discriminatory against those most vulnerable to poverty and exclusion, and are not protective of the minimum core content of several human rights.”

    “One of the pillars of the protection of the rights to healthcare and education is the obligation to progressively realize the rights set out in the International Covenant on Economic, Social and Cultural Rights, making use Nigeria’s maximum of available resources.”

    “The budget cuts by Nigerian authorities are therefore of special concern as they directly affect the minimum core content of these rights, and impact directly or indirectly and disproportionally on those individuals already discriminated against or living in most vulnerable situations.”

    “The number of Nigerians living in extreme poverty has increased since May 2015. The reduction in healthcare and education budgets would exacerbate the prevailing inequalities, poverty, and create a vicious circle of reduction in spending, and increments in socio-economic inequalities.”

    “Without your urgent intervention, the Nigerian government and National Assembly would continue to spend the country’s maximum available resources to satisfy the opulent lifestyles of politicians rather than complying with Nigeria’s international human rights obligations to respect, protect, promote and fulfil the rights to healthcare and education the poor and marginalized groups.”

    “In compliance with article 2.2 of the Covenant, and the provision on progressive realisation of the rights to healthcare and education, States including Nigeria government and the National Assembly should not adopt impermissible retrogressive measure, unless strictly justifiable.”

    “Retrogressive measures, meaning taking steps that would reduce the enjoyment of the rights to healthcare and education, are only permissible under certain strict circumstances.”

    “SERAP believes that the onus is on the Nigerian government and the National Assembly to demonstrate that their proposed budget cuts will meet all their human rights obligations, notably by ensuring that measures during times of acute economic distress are legitimate, with the ultimate aim of protecting the totality of human rights.”

    “SERAP believes that the budget cuts undermine the minimum core content of the rights to healthcare and education, and are discriminatory, in so far as they would increase socio-economic inequalities and undermine the rights of disadvantaged and marginalized individuals and groups, who will be disproportionately affected by the cuts.”

    “The budget cuts are also inconsistent with Nigeria’s commitments to implement Sustainable Development Goals.”