Tag: SERAP

SERAP writes Buhari, seeks details of $5.513 billion loan spending

Socio-Economic Rights and Accountability Project (SERAP) has sent a Freedom of Information request to President Muhammadu Buhari requesting him to use his “leadership position and the opportunity of the 5th anniversary of your government in office to provide spending details of all loans obtained by the government since May 29, 2015, including details and locations of projects on which the loans have been spent.”

The organisation is also urging him to: “set up an independent audit of all loans to resolve any allegations of mismanagement and corruption, and to publish spending details of loans obtained by successive administrations since 1999, list of countries and bodies that have given the loans, and specific repayment conditions.”

Buhari had last week sought the National Assembly’s approval for a fresh loan of $5.513bn, reportedly to fund the 2020 budget deficit, critical projects, and support some states. The National Assembly recently approved a N850 billion loan. Another loan of $22.79bn, already approved by the Senate, is pending before the House of Representatives.

In the FoI request dated 30 May, 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organization expressed: “concerns that while governments since 1999 have borrowed money in the name of Nigeria and its citizens, much of the funds have reportedly been mismanaged, stolen or squandered, leaving the citizens with the burden of having to repay these loans.”

SERAP said: “Opacity in the spending of loans would continue to have negative impacts on the fundamental interests of citizens. Transparency would ensure that the loans are not diverted to private pockets, increase public trust that these loans would be used to benefit Nigerians, provide good value for money, and reassure Nigeria’s creditors.”

According to SERAP, “Rather than taking more loans and increasing Nigeria’s debts burden to fund the opulent lifestyles of former state governors receiving life pensions, we urge you to cut the costs of governance, including by obeying the judgment ordering your government to challenge the legality of states’ pension laws, and to recover pensions collected by former governors.”

SERAP also expressed “concerns about the massive and growing national debts, 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.”

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

“Any unresolved allegations of mismanagement, bribery and corruption in the use of loans would continue to deprive millions of Nigerians access to basic public goods and services, and would leave your government without the resources to respond to the COVID-19 crisis.”

“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.”

“We urge you to ensure that those suspected to be responsible for any mismanagement and corruption are promptly referred to appropriate anti-corruption agencies for further investigation, and where there is relevant admissible evidence, prosecution.”

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

“It would also help to avoid a morally repugnant result of visiting the sins of corrupt governments and officials on innocent Nigerians.”

“We also urge you to promptly instruct Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) to monitor the spending of all loans obtained since the assumption of office in May 2015.”

In the FoI request copied to Mr Abukabar Malami, SAN, Attorney General of the Federation and Minister of Justice; Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning; and Ms Patience Oniha, Director-General of the Debt Management Office, SERAP is urging Buhari to disclose:

Details of the spending of loans obtained by your government since May 29, 2015, including specific details of projects and locations of the projects as well as the conditions of any such projects;
Total amount of debts that have so far been incurred by your government, including the interest rate, the details of debts inherited from the previous administrations, and details of refinancing of any such loans, as well as any strategy put together on borrowing decisions, and to promote sustainable borrowing;
Whether any public officials solicited and/or received bribes in the negotiations for any of the loans.

May 31, 2020
‘Executive rascality’: SERAP drags Wike, FG to ECOWAS court over rights violations in Rivers

Socio-Economic Rights and Accountability Project (SERAP) has launched legal action against governor Nyesom Wike of Rivers state and the government of President Muhammadu Buhari at the ECOWAS Court of Justice in Abuja over the “brutal crackdown, repression, and grave violations and abuses of the human rights of the people of Rivers State.”

SERAP said in suit number ECW/CCJ/APP/20/20 filed last Friday: “Governor Wike is using COVID-19 as a pretext to step up repression and systematic abuses against the people of Rivers state, including by carrying out mass arbitrary detention, mistreatment, forced evictions, and imposing pervasive controls on daily life.”

According to SERAP: “Governor Wike is using executive orders 1 and 6, 2020 as instruments to violate and abuse the rights to liberty and freedom from arbitrary arrest and detention, to a fair trial, and to property, contrary to Nigeria’s international human rights obligations, including under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.”

SERAP said: “This suit is primarily against Governor Wike and the Rivers state government for failing to respect, protect and ensure the constitutionally and internationally guaranteed human rights of the people of his state. The governor has used executive orders 1 and 6 to run roughshod over the human rights of Nigerians.”

“Ultimately, the Federal Government, being the signatory to ECOWAS treaties and protocols, cannot escape its responsibility to ensure that the human rights guaranteed under human rights treaties to which Nigeria is a state party, are fully and effectively realized throughout Nigeria, including in Rivers state.”

“Suing the Federal Government alongside Governor Wike is entirely consistent with article 27 of the Vienna Convention on the Law of Treaties, which provides that a state may not invoke the provisions of its internal law as justification for its failure to perform a treaty.”

SERAP is asking the court for an order of injunction to “restrain and stop Governor Wike from further using, applying and enforcing executive orders 1 and 6 or any other executive orders to harass, arbitrarily arrest, detain and demolish property of the people of Rivers state.”

SERAP is also seeking an order directing “Governor Wike and the other defendants to pay adequate monetary compensation to the victims of human rights violations and abuses, and to provide other forms of reparation, which may take the form of restitution, satisfaction or guarantees of non-repetition, and other forms of reparation that the Honourable Court may deem fit to grant.”

The suit filed on SERAP’s behalf by its solicitors Kolawole Oluwadare, Atinuke Adejuyigbe and Opeyemi Owolabi, read in part: “SERAP contends that several people were arbitrarily arrested and detained in various police stations and isolation centres in Rivers State and without any regard for due process of law.”

“Governor Wike and his agents used, applied and enforced executive orders 1 and 6 to suppress and repress the human rights of the people and business operators, including harassing, arbitrarily arresting, detaining, and torturing anyone found exercising their rights within Rivers State, all in the guise of enforcing measures to prevent the spread of COVID-19 in the state.”

“The wanton destruction of people’s property, harassment, arrest, and detention of persons exercising their rights to personal liberty and other human rights amount to an affront to the Nigerian constitution of 1999 (as amended) and the country’s international human rights obligations.”

“The executive orders, including executive order 6, by Governor Wike are invalid, illegal and unconstitutional, having not complied with the requirements of due process of law. The order by Governor Wike to demolish any hotel or guest house found operating in Rivers state is ultra vires the penalty stipulated in executive order number 6.”

“Demolition of hotels and guest houses is illegal and unconstitutional, as it runs afoul of the penalty stipulated in the Quarantine Act, which provides only a fine of N200 or imprisonment for a term of six months or both. The demolition is a blatant violation of article 14 of the African Charter on Human and Peoples’ Rights.”

“Governor Wike, demolition workers and security agents without due process of law demolished Prudent Hotel, Alode in Eleme, and Etemeteh Hotel in Onne on Saturday, May 9, 2020, and fragrantly breached the rights of the owners, employees and occupiers. The demolitions were supervised by Governor Wike in the company of security agents of the Federal Government.”

“SERAP contends that Governor Wike with the complicity or support of the Federal Government of Nigeria carried out these demolitions without giving adequate notice, compensation, alternative hotel or affording the victims legal remedies. Many people have now been deprived of their means of livelihood, employment and shelter, and exposed to other serious human rights violations and abuses.”

May 25, 2020
SERAP vows to sue Wike over hotels demolition

The Socio-Economic Right and Accountability Project, SERAP, has reacted to the demolition of two hotels by the Rivers State Governor, Nyesom Wike, describing the action as executive rascality.

The rights body condemned the demolition of Prodest Hotel by Wike, and vowed to take action.

“We condemn the reported demolition of Prodest Hotel by Gov Wike, Rivers State.

“Using COVID-19 to perpetrate human rights violations is executive rascality & Mr Wike must stop this now.

“We’re taking legal action to hold him & his govt. to account for illegal actions.

“The demolition of Prodest Hotel is forced evictions and in violation of article 11 of the International Covenant on Economic, Social and Cultural Rights and other human rights treaties to which Nigeria is a state party,” SERAP said on its twitter handle.

Wike had on Sunday supervised the demolition of two hotels in Eleme and Onne for violating the Executive Order 6 of the state government, which banned the operations of hotels amid the lockdown in order to check the spread of coronavirus.

“Government has no alternative but to apply the Executive order, which I signed before the lockdown of Obio/Akpor and Port Harcourt. I called all the traditional rulers and council chairmen and told them to ensure that no hotel operates in the state,” he said.

May 11, 2020
Feeding programme: Publish details of suppliers, SERAP tasks FG

Socio-Economic Rights and Accountability Project (SERAP) has sent a Freedom of Information (FoI) request to the Federal Government, asking “the authorities to urgently publish details of the suppliers and contractors, the procurement rules, including bidding processes, the total budget, and all designated voucher distribution and collection sites for the implementation of the school feeding programme at home.”

SERAP is also seeking “information on the number of states to be covered during the COVID-19 crisis, the projected spending per state, details of the mechanisms and logistics that have been put in place to carry out the programme, as well as the role expected to be played by the World Food Programme.”

The Minister of Humanitarian Affairs, Disasters Management and Social Development, Ms Sadia Umar-Farouk had on Wednesday announced that the government would start feeding school children in their homes during the COVID-19 crisis, starting from Ogun and Lagos states, and Abuja.

In the FoI request dated 9 May, 2020 and sent to Ms Sadia Umar-Farouk, SERAP is asking the government to: “urgently invite the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) to monitor the implementation of the programme.”

The FoI request signed by SERAP deputy director Kolawole Oluwadare, read in part: “Publishing the details requested is in the public interest. This would help to address public scepticism regarding the ability of the government to satisfactorily implement the programme, promote openness, and allow Nigerians to track its implementation and to hold suppliers and contractors to account.”

“SERAP notes that the UN Convention against Corruption to which Nigeria is a state party requires 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 to ensure that the programme benefits the children and families who need it the most.”

“Publishing the details of suppliers and contractors and the procurement rules being implemented for executing the school feeding programme at home would also remove the risks of conflicts of interest and politicisation of the programme, as well as promote transparency and accountability.”

“We urge you to also establish online national database for all suppliers and contractors responsible for carrying out the programme to feed school children in their homes, which is expected to cover over three million households in Lagos and Ogun states, and the Federal Capital Territory, Abuja.”

“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.”

“According to our information, the Federal Government through your Ministry is set to partners with states, Federal Capital Territory, and World Food Programme to implement the school feeding programme at home during the lockdown. This home feeding programme reportedly followed the directive in March, 2020 by President Muhammadu Buhari to your Ministry to identify modalities and continuation of the school feeding programme during the COVID-19 pandemic.”

“Procurement and contracting are high-risk areas for mismanagement and corruption. By Section 1 (1) of the Freedom of Information (FoI) Act 2011, SERAP is entitled as of right to request for or gain access to information, including information on details of suppliers and contractors that have been hired to implement the school feeding programme at home.”

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

“By Sections 2(3)(d)(V) & (4) of the FoI Act, there is a binding legal duty to ensure that documents containing information relating to including information on details of suppliers and contractors that have been hired to implement the school feeding programme at home are widely disseminated and made readily available to members of the public through various means.”

“The information being requested does not come within the purview of the types of information exempted from disclosure by the provisions of the FoI Act. The information requested for as indicated above, apart from not being exempted from disclosure under the FoI Act, bothers on an issue of national interest, public concern, interest of human rights, social justice, good governance, transparency and accountability.”

May 10, 2020
COVID-19: SERAP tasks governors to use security votes, life pensions to fund healthcare

The Socio-Economic Rights and Accountability Project (SERAP) has tasked governors of the 36 states of the federation to channel their security votes and life pensions of ex-governors to the fight the coronavirus (COVID-19) pandemic.

Deputy-Director of SERAP, Mr Kolawole Oluwadare, on Sunday, revealed that Freedom of Information (FoI) requests had been sent to all the governors to urgently provide information on spending on COVID-19 in their respective states.

SERAP said in the FoI requests that the public funds initially budgeted for security votes and former governors’ life pensions should be redirected by the serving governors to improve public healthcare facilities and access to quality education in the light of the COVID-19 pandemic.

In a letter written to the governors dated April 25, the organisation urged them to show leadership, transparency and accountability to effectively respond to the COVID-19 crisis.

The organisation said in the letter: “Redirecting security votes and life pension funds to invest in public healthcare facilities and access to quality education in your state will improve your ability to respond to COVID-19.

“It will provide palliatives and socio-economic reliefs to residents, and meet the expectations of Nigerians,” it said in a statement.

SERAP said it would be a betrayal of the constitutional oath of office if the governors continued to receive security votes, pay life pensions and “other needless allowances” at a time of public health crisis in their respective states.

The FoI requests sent by SERAP said: “The situation in Kano State must be urgently addressed.

“The Kano situation shows the urgent need for all state governors to demonstrate leadership at a time of public health crisis.

“This should be done by immediately stopping payment of security votes and life pensions and redirecting the funds to respond to COVID-19, investing in healthcare facilities and access to quality education in your state.

“We ask you to provide the requested information within seven days of the receipt and/or publication of this letter,” it further said.

SERAP noted that failure to respond to the request would spur the Registered Trustees of the organisation to take appropriate legal action under the Freedom of Information Act to compel the governors to comply with the requests.

“By the combined reading of the provisions of the Freedom of Information Act 2011 and the African Charter on Human and Peoples’ Rights, there were transparency obligations imposed on all public officials to disclose information to the public on spending details on COVID-19.

“We urge you to provide information on details of funds so far received from the Federal Government, private donations and other sources,” SERAP said.

The organisation said in responding to the FoI requests, the states should provide details of the exact amounts so far received from the Federal Government, private donations and other sources and details of spending of any such funds.

The states are urged to provide details of palliatives and other socio-economic reliefs so far provided to the poorest and most vulnerable citizens and the list of beneficiaries of such palliatives.

The FoI request urged the governors to provide details of what they were improving testing for COVID-19, provision of resources for isolation centres and safe protective equipment for health workers.

The governors are also urged to give information on the coordination and support that their states were providing to the Nigeria Centre for Disease Control (NCDC) to improve their state’s capacity to respond to COVID-19.

April 26, 2020
Instruct EFCC, ICPC to track, monitor spending on coronavirus – SERAP tells Buhari

Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to President Muhammadu Buhari urging him to use his leadership position to “urgently instruct the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and Other Related Offences Commission (ICPC) to jointly track and monitor spending by federal agencies and state governors to combat coronavirus or COVID19 pandemic in Nigeria.”

SERAP said this “would remove the risks of corruption and mismanagement in our healthcare systems that are already weakened by systemic corruption.”

In the letter dated 20 March, 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Coronavirus crisis requires quick responses but it also requires corruption safeguards to ensure public funds are well spent, and promote access to basic public health and other services to those most in need.”

SERAP said: “By prioritising transparency and accountability in the spending of funds to combat coronavirus, your government will be taking preventive measures to ensure that the efforts to reduce the spread of the pandemic and promote the health and safety of Nigerians are not compromised by corruption.”

SERAP expressed “concern that systemic corruption in the health sector across the country would hurt the federal and state authorities’ responses to the coronavirus crisis.”

The letter, read in part: “The challenges posed by the coronavirus pandemic also show the urgent need for your government to improve Nigeria’s health systems and to encourage state governors to commit some parts of their security votes to provide additional resources towards strengthening the health systems within their states.”

“Your government ought to move swiftly to increase spending on efforts to combat coronavirus in the country and provide funding support to Nigerians that are most affected by the crisis, by presenting COVID-19 budget/spending plan to the National Assembly and setting up a COVID-19 trust fund to which wealthy individuals and others should be encouraged to contribute.”

“The proposed increase in spending of funds on COVID-19 means accountability for those funds should be top of your government’s list of priorities, if it is to remove opportunities for corruption that can undermine initiatives to stop the spread of COVID-19.”

“The EFCC and ICPC should ensure that anyone found to have mismanaged or stolen public funds meant for addressing the coronavirus pandemic are effectively prosecuted and punished.”

“We also urge you to take urgent measures to ensure that health sector services in federal institutions and agencies are strengthened and that the appropriate corruption risk assessments are implemented and monitored.”

“The lessons from the Ebola crisis is that even in times of public emergencies, there are those who aim to profit from others most affected by the crisis. Monitoring the spending on coronavirus would help to apply the lessons of the Ebola crisis and prevent corruption, which characterised the efforts to combat it in some countries including in Sierra Leone and Liberia, where patients reportedly paid bribes to access health services.”

“Corruption in the spending of funds to combat coronavirus will undermine public trust in any efforts by your government to bring the spread of the pandemic under control, and deny access to basic public health services to Nigerians who need the services most.”

“Monitoring the spending of public funds budgeted to combat coronavirus would also ensure respect for human rights and contribute to ensuring that Nigerians who cannot afford to pay bribes are not denied access to testing and treatment, and that high-ranking officials and wealthy individuals subject to quarantines are not abusing the systems.”

“We will continue to closely monitor the situation and where appropriate invoke the Freedom of Information Act and take legal action to ensure transparency and accountability, and full respect for Nigerians’ human rights.”

“The right to health provides that health facilities, goods, and services should be: available in sufficient quantity, accessible to everyone without discrimination, and affordable for all, especially the most vulnerable and marginalized groups.”

“These obligations mean that your government should ensure that accurate and up-to-date information about the number of identified cases and spread of coronavirus in the country, access to services, service disruptions, and other aspects of the response to the outbreak is widely available and accessible to all.”

“The right to health also imposes obligations on your government to minimize the risk of occupational accidents and diseases including by ensuring health workers and others involved in the coronavirus response have information and adequate protective clothing and equipment they need.”

“This request is consistent with Nigeria’s international anti-corruption and human rights obligations including under the UN Convention against Corruption, the International Covenant on Economic, Social and Cultural Rights and the African Charter on Human and Peoples’ Rights. Nigeria has ratified these treaties.”

“Under the International Covenant on Economic, Social and Cultural Rights, everyone has the right to the highest attainable standard of physical and mental health. Your government is obligated to take effective steps for the prevention, treatment and control of epidemic, endemic, occupational and other diseases.”

“As the UN Committee on Economic, Social and Cultural Rights, which monitors state compliance with the covenant, has stated, the right to health is closely related to and dependent upon the realization of other human rights, including the rights to food, education, human dignity, life, non-discrimination, equality, and access to information.”

“We hope that the aspects highlighted will help guide your actions in acting to ensure the effectiveness of any efforts to combat the coronavirus crisis in Nigeria. We would be happy to discuss any of these issues in more detail with you.”

April 9, 2020
Donations: SERAP demands weekly publication of spending details on COVID-19

Socio-Economic Rights and Accountability Project (SERAP) has asked the Federal Government to “publish weekly details of exact funds and other resources allocated by the authorities and received from the private sector, as well as details of use and planned use of any such funds and resources to combat the spread of coronavirus (or COVID-19) in Nigeria.”

SERAP is also asking the Federal Government to: “disclose information on the exact number of tests that have been carried out for high-ranking public officials and politicians, the number of any such high-ranking public officials and politicians now in self-isolation or quarantine, as well as the exact number of tests that have been carried out for the country’s poorest and most vulnerable people.”

In two Freedom of Information requests sent to Dr Osagie Ehanire, Minister of Health and Dr Chikwe Ihekweazu, Director General, Nigeria Centre for Disease Control (NCDC), SERAP said: “We are concerned about the lack of transparency in the use of the funds and resources being mobilised to combat coronavirus, amid problems accessing the NCDC’s website, and reports that authorities are prioritising home testing of politicians, with some reportedly taking multiple tests.”

According to SERAP: “politicians engaging in multiple tests for coronavirus have in turn slowed the number of tests for the country’s poorest and most vulnerable people.”

In the FoI requests dated 27 March, 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “We are concerned that lack of transparency in the use of the funds and resources to combat COVID-19 would lead to diversion or mismanagement of resources, unnecessarily cost lives, and result in serious damage to public health in the country.”

SERAP said: “We urge you to disclose the level of enforcement for home quarantine system for high-ranking public officials, politicians and the wealthy, and whether the Ministry of Health and NCDC are carrying out spot checks to ensure strict compliance by these people.”

The FoI requests read, in part: “Transparency and openness in the use of funds and operations of the Ministry of Health and NCDC would help to reduce the risk of corruption or opportunism, build trust and engage Nigerians in the fight against coronavirus as well as safe lives. Transparency and accountability are important to implementing an effective response to COVID-19 and slowing the spread of the virus in the country.”

“Given the importance of good hygiene like handwashing to any response to COVID-19, SERAP would like you to disclose details of measures being put in place by the Ministry of Health, the NCDC and any collaborative work with the Ministry of Water Resources to provide vulnerable Nigerians with safe water, sanitation, and hygienic conditions.”

“We are concerned that millions of Nigerians lack access to an improved water source and to proper sanitation, thereby making them vulnerable to COVID-19 and other illnesses.”

“Handwashing and social distancing will be very difficult to implement for the poorest and most vulnerable people in a country where water shortages are routine and millions continue to drink contaminated water.”

“Limited availability of water in several public hospitals across the country will also make it difficult for medical workers and health professionals to wash their hands and will therefore make it difficult for them to properly respond to COVID-19 and safe lives.”

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

“Any failure or refusal to provide the information requested will also be clearly inconsistent with the letter and spirit of the Freedom of Information Act.”

“According to our information, the Nigerian government has approved a N10 billion (Naira) grant (about $27 million) to fight the spread of coronavirus in the country. The government has also reportedly released N5 billion (Naira) (about $13 million) special intervention fund to the Nigeria Center for Disease Control (NCDC).”

“Also, banks, wealthy members of the private sector and foundations have also donated billions of Naira to help fund medical centers and provide essential materials necessary to curtail the spread of coronavirus in the country.”

“By Section 1 (1) of the Freedom of Information (FoI) Act 2011, SERAP is entitled as of right to request for or gain access to information, including information on the exact amount of funds and resources meant to combat the spread of coronavirus in Nigeria.”

“By Sections 2(3)(d)(V) & (4) of the FoI Act, there is a binding legal duty to ensure that documents containing information relating to the spending and operations to combat the spread of coronavirus in Nigeria are widely disseminated and made readily available to members of the public through various means.”

“The information sought, apart from not being exempted from disclosure under the FoI Act, bothers on an issue of national interest, public concern, public health, interest of human rights, social justice, good governance, transparency and accountability.”

March 30, 2020
SERAP seeks weekly publication of spending details on COVID-19

Socio-Economic Rights and Accountability Project (SERAP) has asked the Federal Government to “publish weekly details of exact funds and other resources allocated by the authorities and received from the private sector, as well as details of use and planned use of any such funds and resources to combat the spread of coronavirus (or COVID-19) in Nigeria.”

SERAP is also asking the Federal Government to: “disclose information on the exact number of tests that have been carried out for high-ranking public officials and politicians, the number of any such high-ranking public officials and politicians now in self-isolation or quarantine, as well as the exact number of tests that have been carried out for the country’s poorest and most vulnerable people.”

In two Freedom of Information requests sent to Dr Osagie Ehanire, Minister of Health and Dr Chikwe Ihekweazu, Director General, Nigeria Centre for Disease Control (NCDC), SERAP said: “We are concerned about the lack of transparency in the use of the funds and resources being mobilised to combat coronavirus, amid problems accessing the NCDC’s website, and reports that authorities are prioritising home testing of politicians, with some reportedly taking multiple tests.”

According to SERAP: “politicians engaging in multiple tests for coronavirus have in turn slowed the number of tests for the country’s poorest and most vulnerable people.”

In the FoI requests dated 27 March, 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “We are concerned that lack of transparency in the use of the funds and resources to combat COVID-19 would lead to diversion or mismanagement of resources, unnecessarily cost lives, and result in serious damage to public health in the country.”

SERAP said: “We urge you to disclose the level of enforcement for home quarantine system for high-ranking public officials, politicians and the wealthy, and whether the Ministry of Health and NCDC are carrying out spot checks to ensure strict compliance by these people.”

The FoI requests read, in part: “Transparency and openness in the use of funds and operations of the Ministry of Health and NCDC would help to reduce the risk of corruption or opportunism, build trust and engage Nigerians in the fight against coronavirus as well as safe lives. Transparency and accountability are important to implementing an effective response to COVID-19 and slowing the spread of the virus in the country.”

“Given the importance of good hygiene like handwashing to any response to COVID-19, SERAP would like you to disclose details of measures being put in place by the Ministry of Health, the NCDC and any collaborative work with the Ministry of Water Resources to provide vulnerable Nigerians with safe water, sanitation, and hygienic conditions.”

“We are concerned that millions of Nigerians lack access to an improved water source and to proper sanitation, thereby making them vulnerable to COVID-19 and other illnesses.”

“Handwashing and social distancing will be very difficult to implement for the poorest and most vulnerable people in a country where water shortages are routine and millions continue to drink contaminated water.”

“Limited availability of water in several public hospitals across the country will also make it difficult for medical workers and health professionals to wash their hands and will therefore make it difficult for them to properly respond to COVID-19 and safe lives.”

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

“Any failure or refusal to provide the information requested will also be clearly inconsistent with the letter and spirit of the Freedom of Information Act.”

“According to our information, the Nigerian government has approved a N10 billion (Naira) grant (about $27 million) to fight the spread of coronavirus in the country. The government has also reportedly released N5 billion (Naira) (about $13 million) special intervention fund to the Nigeria Center for Disease Control (NCDC).”

“Also, banks, wealthy members of the private sector and foundations have also donated billions of Naira to help fund medical centers and provide essential materials necessary to curtail the spread of coronavirus in the country.”

“By Section 1 (1) of the Freedom of Information (FoI) Act 2011, SERAP is entitled as of right to request for or gain access to information, including information on the exact amount of funds and resources meant to combat the spread of coronavirus in Nigeria.”

“By Sections 2(3)(d)(V) & (4) of the FoI Act, there is a binding legal duty to ensure that documents containing information relating to the spending and operations to combat the spread of coronavirus in Nigeria are widely disseminated and made readily available to members of the public through various means.”

“The information sought, apart from not being exempted from disclosure under the FoI Act, bothers on an issue of national interest, public concern, public health, interest of human rights, social justice, good governance, transparency and accountability.”

SERAP therefore urged the Minister and NCDC director to:

urgently disclose details of exact funds and resources from federal government, state governments and the private sector, as well as details of use and planned use of any such funds and resources to combat the spread of coronavirus in Nigeria
disclose information on the exact number of tests that have been carried out for high-ranking public officials and politicians, the number of any such high-ranking public officials and politicians now in self-isolation or quarantine, as well as the exact number of tests that have been carried out for the country’s poorest and most vulnerable people
make Nigeria Center for Disease Control (NCDC)’s website functional and accessible and publish on your website and widely weekly spending on initiatives such procurement, testing, early detection and isolation of confirmed cases, follow-up
Disclose processes and procedures put in place to ensure that the funds and resources allocated to combat COVID-19 are not diverted, stolen or mismanaged
Disclose measures to protect health workers and to encourage the country’s poorest and most vulnerable people to come forward for testing and to escalate testing for this group.

March 29, 2020
SERAP asks Buhari to instruct EFCC, ICPC to monitor COVID-19 spending

Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to President Muhammadu Buhari urging him to use his leadership position to “urgently instruct the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and Other Related Offences Commission (ICPC) to jointly track and monitor spending by federal agencies and state governors to combat coronavirus or COVID19 pandemic in Nigeria.”

SERAP said this “would remove the risks of corruption and mismanagement in our healthcare systems that are already weakened by systemic corruption.”

In the letter dated 20 March, 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Coronavirus crisis requires quick responses but it also requires corruption safeguards to ensure public funds are well spent, and promote access to basic public health and other services to those most in need.”

SERAP said: “By prioritising transparency and accountability in the spending of funds to combat coronavirus, your government will be taking preventive measures to ensure that the efforts to reduce the spread of the pandemic and promote the health and safety of Nigerians are not compromised by corruption.”

SERAP expressed “concern that systemic corruption in the health sector across the country would hurt the federal and state authorities’ responses to the coronavirus crisis.”

The letter, read in part: “The challenges posed by the coronavirus pandemic also show the urgent need for your government to improve Nigeria’s health systems and to encourage state governors to commit some parts of their security votes to provide additional resources towards strengthening the health systems within their states.”

“Your government ought to move swiftly to increase spending on efforts to combat coronavirus in the country and provide funding support to Nigerians that are most affected by the crisis, by presenting COVID-19 budget/spending plan to the National Assembly and setting up a COVID-19 trust fund to which wealthy individuals and others should be encouraged to contribute.”

“The proposed increase in spending of funds on COVID-19 means accountability for those funds should be top of your government’s list of priorities, if it is to remove opportunities for corruption that can undermine initiatives to stop the spread of COVID-19.”

“The EFCC and ICPC should ensure that anyone found to have mismanaged or stolen public funds meant for addressing the coronavirus pandemic are effectively prosecuted and punished.”

“We also urge you to take urgent measures to ensure that health sector services in federal institutions and agencies are strengthened and that the appropriate corruption risk assessments are implemented and monitored.”

“The lessons from the Ebola crisis is that even in times of public emergencies, there are those who aim to profit from others most affected by the crisis. Monitoring the spending on coronavirus would help to apply the lessons of the Ebola crisis and prevent corruption, which characterised the efforts to combat it in some countries including in Sierra Leone and Liberia, where patients reportedly paid bribes to access health services.”

“Corruption in the spending of funds to combat coronavirus will undermine public trust in any efforts by your government to bring the spread of the pandemic under control, and deny access to basic public health services to Nigerians who need the services most.”

“Monitoring the spending of public funds budgeted to combat coronavirus would also ensure respect for human rights and contribute to ensuring that Nigerians who cannot afford to pay bribes are not denied access to testing and treatment, and that high-ranking officials and wealthy individuals subject to quarantines are not abusing the systems.”

“We will continue to closely monitor the situation and where appropriate invoke the Freedom of Information Act and take legal action to ensure transparency and accountability, and full respect for Nigerians’ human rights.”

“The right to health provides that health facilities, goods, and services should be: available in sufficient quantity, accessible to everyone without discrimination, and affordable for all, especially the most vulnerable and marginalized groups.”

“These obligations mean that your government should ensure that accurate and up-to-date information about the number of identified cases and spread of coronavirus in the country, access to services, service disruptions, and other aspects of the response to the outbreak is widely available and accessible to all.”

“The right to health also imposes obligations on your government to minimize the risk of occupational accidents and diseases including by ensuring health workers and others involved in the coronavirus response have information and adequate protective clothing and equipment they need.”

“This request is consistent with Nigeria’s international anti-corruption and human rights obligations including under the UN Convention against Corruption, the International Covenant on Economic, Social and Cultural Rights and the African Charter on Human and Peoples’ Rights. Nigeria has ratified these treaties.”

“Under the International Covenant on Economic, Social and Cultural Rights, everyone has the right to the highest attainable standard of physical and mental health. Your government is obligated to take effective steps for the prevention, treatment and control of epidemic, endemic, occupational and other diseases.”

“As the UN Committee on Economic, Social and Cultural Rights, which monitors state compliance with the covenant, has stated, the right to health is closely related to and dependent upon the realization of other human rights, including the rights to food, education, human dignity, life, non-discrimination, equality, and access to information.”

“We hope that the aspects highlighted will help guide your actions in acting to ensure the effectiveness of any efforts to combat the coronavirus crisis in Nigeria. We would be happy to discuss any of these issues in more detail with you.”

March 22, 2020
SERAP, others sue Gbajabiamila, Reps over plan to spend N5.04bn on 400 exotic cars

Socio-Economic Rights and Accountability Project (SERAP) and 192 concerned Nigerians have filed a lawsuit asking the Federal High Court in Abuja to “restrain and stop Mr Femi Gbajabiamila, Speaker of the House of Representatives and all members of the House from spending an estimated N5.04 billion to buy 400 exotic cars for principal officers and members.”

SERAP is also seeking a court order to “restrain and stop the National Assembly Service Commission from releasing any public funds to the House of Representatives to buy 400 Toyota Camry 2020 model cars estimated to cost $35,130 per car, until an impact assessment of the spending on access to public services and goods like education, security, health and clean water, is carried out.”

In the suit number FHC/ABJ/CS/205/2020 filed last Friday, SERAP and the concerned Nigerians argue that: “Nigerians have a right to honest and faithful performance by their public officials including lawmakers, as public officials owe a fiduciary duty to the general citizenry. All those who hold the strings of political power and power over spending of Nigeria’s commonwealth have a duty to answer for their conduct when call upon to do so by Nigerians.”

The plaintiffs also argue that: “It is illegal and unconstitutional for members of the House of Representatives to choose to buy expensive and exotic cars while encouraging Nigerians to tighten their belts and to patronize Nigerian brands. It is also illegal for members to reject cheaper and equally reliable options.”

According to the plaintiffs, “If the members of House of Representatives take their duties to the most vulnerable and disadvantaged among us seriously, including their duties to judiciously spend public funds, they would not have voted to spend over $35,000 per car, especially given the current economic and financial realities of Nigeria.”

“There is chronic poverty in Nigeria and many state governments are unable to pay salaries of workers and pensions. Unless the reliefs sought are granted, the House of Representatives will spend over N5 billion of public funds to buy the exotic cars at the expense of many Nigerians living in poverty and misery.”

The plaintiffs are asking the court to determine “Whether the proposed plan and resolution by the House of Representatives to buy 400 exotic cars for principal officers and members amounting to over Five Billion Naira in total, is not in breach of Section 57[4] of the Public Procurement Act 2007, the oath of office, and Paragraph 1 of Code of Conduct for Public Officers [Fifth Schedule Part 1] of the Nigerian Constitution of 1999 [as amended].”

The suit, filed on behalf of SERAP and the concerned Nigerians by their lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “Members of the House of Representatives are either unaware of the constitutional and statutory provisions on their fiduciary duties and judicious use of public funds or deliberately glossing over these provisions.”

“It is also apparent that, besides elevating their personal interests over and above the public interests, members of the House of Representatives have shown insensitivity to the plight of Nigerians, thereby violating section 14 (2)(b) of the Nigerian Constitution of 1999, to the effect that the security and welfare of the people shall be the primary purpose of government and its institutions.”

“It is public knowledge that members of the House of Representatives receive huge sums of money as monthly allowances and severance pay on conclusion of their respective terms at the National Assembly. It is rational that many Nigerians are calling for a review downward of the sum proposed to buy cars for members.”

“There is no better time for any government/public institution to take issues of security and welfare/wellbeing of Nigerians seriously due to rampant kidnapping, banditry and terrorism in many parts of the country than now.”

“This case raises issues of public interests, national interest, public concern, social justice, good governance, transparency and accountability.”

“The House of Representatives during an executive session held on 5th February, 2020 reportedly passed a resolution that 400 Toyota Camry 2020 cars be purchased as official vehicles for 360 members and other persons, including top management staff, Chief of Staff to the two presiding officers, as well as some of their special advisers and assistants.”

“About Three Billion was voted to buy cars for members of the House of Representatives in 2016. The sum of N128 billion was budgeted and allocated to the National Assembly in the approved 2019 national budget.”

The plaintiffs are seeking the following reliefs:

A DECLARATION that the plan and resolution to buy 400 Toyota Camry 2020 cars for members of the House of Representatives at the estimated cost of $35,130:00 per car is in breach of Section 57[4] of the Public Procurement Act 2007, Paragraph 1, Code of Conduct for Public Officers [Fifth Schedule Part 1] of the Constitution of Nigeria 1999 and Oath of Office [Seventh Schedule] of the Constitution

A DECLARATION that the sum of $35,130 per car proposed and voted to buy 400 Toyota Camry 2020 cars for members of the House of Representatives is a breach of the Defendants’ solemn constitutional obligations to know and follow constitutional oaths and other constitutional and statutory provisions governing their conduct, including their duty of care to Nigerians to faithfully protect and defend the Constitution and improve the lives, well-being and welfare of Nigerians

AN ORDER OF THE COURT restraining and stopping the National Assembly Service Commission from releasing the money to the House of Representatives until an assessment of the impact of the spending on critical sectors like education, security, health, clean water and safe roads is carried out in the public interest in accordance with their constitutional oaths of office and constitutional provisions

AN ORDER OF THE COURT restraining and stopping all members of the House of Representatives, their assistants, agents, assign or such other person acting on their behalf from demanding or receiving the sum of $35,130 per car for purchase of 400 Toyota Camry 2020 cars until an assessment of the impact of the spending on critical sectors like education, security, health, clean water and safe roads is carried out in the public interest in accordance with constitutional provisions

AND FOR SUCH FURHTER ORDER(S)that the Honourable Court may deem fit to make in the circumstance of this suit

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

February 23, 2020