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Tag: SERAP

  • SERAP gives FG 7 days to disclose spending of recovered Abacha loot since 1999

    SERAP gives FG 7 days to disclose spending of recovered Abacha loot since 1999

    Socio-Economic Rights and Accountability Project (SERAP) has asked the Federal Government to “disclose within 7 days of the receipt and/or publication of our Freedom of Information requests the exact amount of public funds stolen by a former military head of state, Sani Abacha and details of spending of about $5 billion recovered loot since the return of democracy in 1999.”

    SERAP is also asking the Federal Government to “disclose details of projects executed with the Abacha loot and their locations, details of companies and contractors involved in the execution of any such projects, details of all the agreements on the loot, the roles played by the World Bank and other actors, as well as the implementation status of all projects since 1999.”

    In two Freedom of Information requests sent to Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning and Mr Abukabar Malami, SAN, Attorney General of the Federation and Minister of Justice, SERAP said: “We are concerned that substantial part of the estimated $5 billion returned Abacha loot since 1999 may have been diverted, re-stolen or mismanaged, and in any case remain unaccounted for.”

    In the FoI requests dated 14 February 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Publishing the details of projects on which Abacha loot has been spent would allow the public to know the specific projects carried and the areas of the country in which the projects have been implemented as well as the officials that may be responsible for any alleged diversion or mismanagement of the loot.”

    According to SERAP: “Getting to the root of the exact amount of the Abacha loot and how the returned funds have been spent is important for the success of the government’s fight against grand corruption and would reassure Nigerians that the government is truly committed to ensuring full accountability for the alleged corruption and mismanagement in the spending of the funds.”

    “Any failure or refusal to provide the information requested will be clearly inconsistent with the letter and spirit of the FoI Act. The accountability of government to the general public is a hallmark of modern democratic governance, a norm of human rights and a tool to curb corruption.”

    The FoI requests read, in part: “If we have not heard from you within 7 days as stated, SERAP shall take all appropriate legal actions under the FoI Act to compel you to comply with our request. Access to the details sought would allow Nigerians an opportunity to assess the impacts of any projects carried out with the funds.”

    “SERAP is concerned that the allegations of corruption and mismanagement involving the use of Abacha loot may be responsible for the increasing level of grand corruption over the years and the entrenched impunity of perpetrators.”

    “Publishing details of spending of Abacha loot by successive administrations would also ensure that persons with public responsibilities are answerable to the people for the performance of their duties including the management of Nigeria’s commonwealth.”

    “Transparency and accountability enable citizens to have a say about issues such as the spending of returned Abacha loot, that matter to them and a chance to monitor and influence how the funds are spent as well as hold those managing the funds to account in cases of diversion or mismanagement.”

    “The government ought to come up with an Abacha loot scoreboard to determine the exact amount stolen and the extent of transparency and accountability of the returned loot since 1999.”

    “If there is any indication that any of the recovered Abacha funds have been diverted, re-stolen or mismanaged, for such cases to be immediately referred to appropriate anti-corruption agencies for effective investigation, and prosecution if there is relevant admissible evidence.”

    “A scoreboard for the actual amount stolen and the spending of returned loot by each administration since 1999 would encourage more transparency and accountability and ensure that the funds reach the real victims of corruption as well as reduce concerns by Nigerians, the holding states and other partners about the returned loot being diverted, re-stolen or mismanaged.”

    “According to our information, a special panel set up on 23 July 1998 by the former head of state General Abdulsalami Abubakar to probe the late military dictator General Sani Abacha stated that he stole over $5 billion between 1993 and 1998 when he was in power. Much of the stolen public funds have been returned to Nigeria.”

    “The report by the panel shows that the government recovered some $635 million, £75 million, DM 30 million and N9 billion as well as several vehicles and properties in Abuja, Lagos and Kano together with 40% interests in West African Refinery in Sierra Leone. Other assets were recovered from the Abacha family and associates.”

    “Furthermore, former president Olusegun Obasanjo administration also reportedly recovered over $2 billion of Abacha loot. Mr Obasanjo would seem to confirm this fact when he stated in the second volume of his book titled My Watch that: ‘by the time I left office in May 2007, over $2 billion and £100 million had been recovered from the Abacha family abroad, and N10 billion in cash and properties locally.’”

    “Similarly, former president Goodluck Jonathan administration reportedly recovered $226.3 million and €7.5 Million from Liechtenstein. Some £22.5 million was also recovered from the Island of Jersey while $322 million and £5.5 million from the Abacha loot were reportedly returned to the government.”

    “The government of president Muhammadu Buhari has also recovered several millions of dollars of Abacha loot since assuming office in May 2015, including $321 million from Switzerland, and $300 million from the US and Jersey.”

    SERAP therefore urged the Federal Government to:

    1. Disclose the exact amounts stolen by Abacha, and the total amounts of the recovered loot and all agreements since the return of democracy in 1999;

    2. Disclose details of the projects executed with the funds, locations of any such projects and the names of companies and contractors that carried out the projects;

    3. Disclose details of specific roles played by the World Bank and other partners in the execution of any projects funded with Abacha loot since 1999;

    4. Refer any allegations of corruption involving the execution of projects with Abacha loot to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for investigation;

    5. Ensure that anyone involved in alleged corruption in projects executed with Abacha loot is brought to justice if there is relevant and sufficient admissible evidence

    “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 stolen and spending of returned Abacha loot and related details.”

  • SERAP drags Buhari, Ayade to ECOWAS Court over Agba Jalingo

    SERAP drags Buhari, Ayade to ECOWAS Court over Agba Jalingo

    Socio-Economic Rights and Accountability Project (SERAP) has dragged the Federal Government of Nigeria and Cross River State Government to ECOWAS Court of Justice in Abuja over what it termed “the prolonged, arbitrary detention, unfair prosecution, persecution, and sham trial of journalist Agba Jalingo.”

    SERAP said Jalingo, who is the publisher of CrossRiverWatch, was arrested on August 22 over a report alleging that Mr Ayade diverted N500 million belonging to the state.

    In the suit number ECW/CCJ/APP/10/2020 filed last week at the ECOWAS Court, SERAP is arguing that: “The sole objective of the government of Nigeria and the Cross River State Government of governor Ben Ayade is to perpetually keep Agba Jalingo in arbitrary detention and to silence him simply for expressing critical views and carrying out his legitimate job as journalist.”

    According to the suit: “This is not the first time the government of Nigeria and the Cross River state government of governor Ben Ayade have taken actions to intimidate, harass and suppress journalists through the instrumentality of trumped-up charges and use of overly broad and unjust laws, including section 24 of Nigeria’s Cybercrime Act, 2015, which provides for the offence of cyber-stalking.”

    The suit filed on SERAP’s behalf by its solicitor Kolawole Oluwadare, states: “the government of Nigeria and Cross-River state government are using vague laws that give officials massive discretion to undermine human rights. They are punishing Agba Jalingo and other journalists and silencing them for their reporting, thereby undermining Nigerians’ right to information, to public participation, to open and democratic governance in the country.”

    The suit read, in part: “If freedom of expression and media freedom are to have true meaning in a democracy, these rights necessarily must include the freedom to criticize the government and its functionaries. Indeed, the idea of a democracy is that the people are encouraged to express their criticisms, even their wrong-headed criticisms, of elected government institutions, in the expectation that this process will improve the process of government.

    “The harassment, intimidation, unfair prosecution and arbitrary detention of Agba Jalingo simply for exercising his human rights violate Nigeria’s international human rights obligations, including under 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.

    “Freedom of expression is a fundamental human right and full enjoyment of this right is central to achieving individual freedom and to developing democracy. It is not only the cornerstone of democracy, but indispensable to a thriving civil society.

    “In circumstances of public debate concerning public figures in the political domain and public institutions, the value placed by human rights treaties upon uninhibited expression is particularly high.

    “The government of Nigeria and the Cross-River State Government have via the charges of terrorism and treason and denial of bail to Agba Jalingo, violated and continued to breach his human rights.”

    SERAP is, therefore, seeking a declaration that the continued detention of Agba Jalingo violates his human rights, as guaranteed under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights and an order directing the immediate and unconditional release of the journalist.

    Agba Jalingo was arrested on August 22, 2019, and has since been in detention in Calabar, Cross River State.

  • Presidency counters SERAP: no law compels Buhari to declare assets publicly

    Presidency counters SERAP: no law compels Buhari to declare assets publicly

    Femi Adesina, the Special Adviser to the President on Media and Publicity, has come out, forcefully to declare that President Muhammadu Buhari is not compelled by any law, to declare his asset openly.

    Adesina made the statement while reacting to the Freedom of Information requests sent by Socio-Economic Rights and Accountability Project (SERAP) to the Presidency, asking that President Buhari, Vice-President Yemi Osinbajo and 36 state governors and their deputies should put in the public domain their declared assets within seven days.

    Mr Adesina, however, confirmed that President Buhari has already declared his assets to the Code of Conduct Bureau.

    “I can say for a fact that he has done so because I am privy to it; and SERAP asking the president to declare publicly, on the basis of what law? The president will do what the law requires of him and what the law requires is that he should declare his asset which he has done. Declaring publicly is not in our laws; it can only be a voluntary thing.”

    “If the FoI act is invoked, it will be left with the Code of Conduct Bureau to release because the FoI act will not be for the president, the president has declared and it’s already deposited with the code of conduct, so it’s for them to respond if it is invoked,” Adeshina added.

    “In 2015, they elected to make it public, if they want to make it public this time, they will do. Has the asset been declared? Yes, it has. If the president says they should release, it will be released, but there is no law that compels him to do it and we should obey the law,” he told Channels TV.

    In SERAP’s request, dated 3 January 2020 and signed by its Deputy Director, Kolawole Oluwadare, the organisation stated that “The Constitution of Nigeria 1999 (as amended), the FoI Act, and the African Charter on Human and Peoples’ Rights, which is part of our laws, read together, impose transparency obligations on all public officials to publicly disclose information concerning their asset declarations submitted to the CCB, and to clarify any updated review of such assets.”

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

  • SERAP condemns DSS invasion of Justice Ojukwu’s court, re-arrest of Sowore

    SERAP condemns DSS invasion of Justice Ojukwu’s court, re-arrest of Sowore

    Socio-Economic Rights and Accountability Project (SERAP) has strongly condemned the violent re-arrest of Omoyele Sowore and his co-defendant, Olawale Bakare by officials of the State Security Service (SSS), and the apparent harassment and intimidation of Justice Ijeoma Ojukwu on Friday.

    Armed SSS officials reportedly stormed the courtroom, causing pandemonium at the court and physically assaulting Mr Sowore. The judge reportedly had to take cover. She had earlier ordered the SSS to release Sowore within 24 hours and also pay him N100,000 for improper legal conduct. The SSS then released Mr Sowore only for him and his co-defendant to be violently re-arrested.

    Reacting, SERAP’s Deputy Director, Kolawole Oluwadare said: “The appalling invasion of the courtroom and the ill-treatment of Sowore and Bakare is a blatant attack on the rule of law and the sanctity and integrity of our justice system. An independent judiciary, free from intimidation and harassment is a basic precondition to a functioning democracy under the rule of law.”

    SERAP’s statement read in part: “The violent re-arrest of Sowore and Bakare right inside the courtroom is a textbook case of a mockery of justice and abuse of the judicial process. It drives home the failure of the Nigerian government to fulfill its constitutional and international human rights obligations to respect citizens’ human rights and observe the rule of law.

    “What happened in the courtroom is a fatal blow to human rights and the independence and integrity of the judiciary. SERAP is seriously concerned that the Government of President Muhammadu Buhari is not observing fundamental international human rights and due process standards.

    “We urge the Nigerian authorities to immediately and unconditionally release Sowore and Bakare and end the fragrant attack on the rule of law. “If Nigerian authorities are serious about human rights and the rule of law, they should hold those responsible to account. Only then will Nigerians have full confidence in this government’s ability to protect their human rights, obey the rule of law and the independence of the judiciary.

    “The United Nations Human Rights Council, African Commission on Human and Peoples’ Rights and members of the international community should urgently put pressure on the Nigerian authorities to end serious violations and abuses of human rights and threats to the rule of law in Nigeria.”

  • SERAP writes Trump, seeks travel ban for governors jailing journalists, others

    Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to the US President, Donald Trump asking him to exercise his constitutional powers pursuant to the Presidential Proclamations 7750 and 8697 to instruct the US Secretary of State and US Ambassador in Nigeria to temporarily ban Nigerian state governors and other senior public officials misusing the criminal justice system to jail journalists, bloggers and activists reporting on allegations of corruption from entering the US.

    SERAP also urged Mr Trump to “use Presidential Proclamation 8697 (which allows the US Department of State to deny visas to foreign officials, their families and friends) who participate in serious human rights violations and other abuses such as misusing the criminal justice system to jail journalists, bloggers and activists to prevent them from reporting on allegations of corruption and other related cases.”

    The letter followed SERAP’s report titled “A Downward Spiral: How Federal and State Authorities are Tightening the Screws on Media Freedom in Nigeria” and launched today in Lagos.

    In the letter dated 30 October 2019 and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organization said: “Democracy demands ‘maximum disclosure’ of all government held information, and this won’t happen without respect for media freedom and the citizens’ rights to know. Undue restrictions on media freedom and the right to know would imply nothing short of abrogation of the ideals of democracy and good governance. Citizens’ right to know is vital for social welfare and other human rights.”

    SERAP also said, “Media freedom and the right of citizens to know constitute a crucial bulwark of democracy. It is essential for the general progress of a democratic society if people are to effectively monitor their government’s affairs and democratically participate in the running of society, they must have access to government-held information, which the media should be allowed to freely report.”

    SERAP’s report documents the increasing cases of harassment, intimidation, arbitrary arrests and detention and deaths of journalists, bloggers and other media workers while carrying out their legitimate work.

    SERAP’s letter read in part: “Specifically, the report documents cases of attacks on journalists, bloggers and activists reporting on allegations of corruption and related matters in the following states of Nigeria: Cross River state; Abia state; Ebonyi state; Kano state; Jigawa state; Bauchi state; and Kaduna state.

    “Also, 109 journalists were attacked between 2010 and 2015, and several more journalists, bloggers, radio and TV stations and activists have been targeted since 2015. At least 36 attacks on journalists were recorded between January and July 2019 alone, 30 of the attacks happening during the 2019 general elections.

    “The attacks and harassment include arbitrary arrests and detention, physical attacks and even deaths. In 2018, at least 45 radio and TV stations were sanctioned by the authorities on unfounded allegations of breaching some codes of conduct.

    “Proactive initiatives to protect media freedom and human rights that would invariably contribute to transparency and accountability globally have always been in the best long-term interests of the US. Your application of targeted sanctions would reaffirm US commitments to human rights, and media freedom and help to supplement the criminal justice in Nigeria and be entirely consistent with the US international obligations.

    “SERAP believes that your government’s imposition of targeted sanctions against those accused of misusing the criminal justice system to attack, intimidate, harass and jail journalists, bloggers and activists in Nigeria would help to deter other state governments, governors and other senior public officials from limiting the enjoyment of Nigerians’ right to information about what their government is doing in their names.

    “Such sanctions would not violate due process and presumption of innocence principles, as long as the reasons for the sanctions are communicated to those that may be affected, as what is recommended is a temporary travel ban. We argue that the imposition of temporary travel bans on public officials complicit in violation of media freedom and preventing reporting of allegations of corruption is a preventive and not punitive measure.

    “SERAP therefore urges you to apply the presidential proclamations 7750 and 8697 as instruments of foreign policy to promote targeted sanctions against state governments, governors and other senior public officials in Nigeria, just as the US has for many years applied targeted sanctions, including imposing travel restrictions on systematic violations of human rights.

    “SERAP believes that applying presidential proclamations 7750 and 8697 as recommended would be very helpful to Nigeria’s efforts to protect media freedom, improve transparency and accountability and generally ensure full respect for the human rights of journalists, bloggers and activists across Nigeria. It would also facilitate equivalent visa bans in other globally desirable locations as well.

    “SERAP hopes that you will exercise your constitutional powers to promote human rights, media freedom, transparency and accountability in Nigeria.

    “SERAP also notes that Presidential Proclamations 7750 and 8697 underscore the important role of the media in the establishment of legitimate and transparent public institutions to world stability, peace, and development.

    “The proclamations note the US ‘enduring commitment to respect for human rights and humanitarian law’, which requires that its Government be able to ensure that the US does not become a safe haven for suspected violators of human rights and other abuses. They also aim to help the US authorities to secure peace, promote the rule of law, combat crime and corruption, and strengthen democracies around the globe.

    “Significantly, the Presidential Proclamations underscore that it is in the interests of the United States to take action to restrict the international travel and to suspend the entry into the United States, as immigrants or non-immigrants, of certain persons who are suspected to be involved in serious violations of human rights, humanitarian law and other abuses.”

  • FoI: SERAP seeks details of spending on failed $460m CCTV, other Chinese loans

    FoI: SERAP seeks details of spending on failed $460m CCTV, other Chinese loans

     

    Scio-Economic Rights and Accountability Project (SERAP) has sent a Freedom of Information (FoI) request to Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning, asking her to “urgently provide information on the total amount of money paid to contractors from the $460 million loan obtained in 2010 from China to fund the apparently failed Abuja Closed-Circuit Television (CCTV) contract, the loan which the Federal Government has continued to re-pay.”

     

    SERAP urged Mrs Ahmed to “disclose specific details of local contractors, if any, that have received funds from the loan for the CCTV contract, reportedly awarded to China’s ZTE Corporation, as well as the implementation status of the project.”

     

    SERAP also sought: “disclosure of details of repayment for other Chinese loans for allegedly failed projects between 1999–2015, the status of any such projects, and details of local and Chinese contractors involved in the projects. We urge you to clarify if the N1.5 billion paid in 2010 for another apparently failed contract to construct the headquarters of the Code of Conduct Bureau is part of another Chinese loan.”

     

    In the FoI request dated 25 October 2019 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “We are concerned that Nigerians are being made to pay for the Chinese loans for apparently failed projects, and for which they have not benefited in any way, shape or form. Transparency in the spending of Chinese loans is good for everyone, as this would help to increase the effectiveness, legitimacy, and contribution of the loans to the development of public goods and services, and the general public interests.”

     

    SERAP said it would take legal action “if the requested information is not provided to us within 14 days of the receipt and/or publication of this letter.”

     

    SERAP said: “Servicing Chinese loans for failed projects is double jeopardy for Nigerians—they can neither see nor benefit from the projects; yet, they are made to pay both the loans and the accrued interests. The loans should never have been obtained in the first place, as successive governments should have drawn funds from the over $670 million (N241.2 billion) budgeted annually as security votes, but which remain synonymous with official corruption and unaccounted for.”

     

    The organization expressed “concern that the $460 million loan got for the failed Abuja CCTV project and the N1.5 billion for the construction of CCB headquarters, which may be part of another Chinese loan, may have been mismanaged or stolen, and in any case, remain unaccounted for.”

     

    The FoI request read in part: “SERAP is concerned that the allegations of corruption involving the use of the funds and other similar Chinese loans may be responsible for the security challenges confronting Abuja, and the limited capacity of the CCB to discharge its constitutional and statutory mandates to prevent corruption in asset declarations of presidents, vice-presidents, governors, and other public officers, as prescribed by the Nigerian constitution of 1999 (as amended).”

     

    “As trustee of public funds, SERAP contends that your Ministry has a legal duty to disclose details of spending on the $460 million Abuja CCTV project and N1.5 billion for the construction of CCB headquarters, to the beneficiaries (Nigerians) of the trust, if and when called upon to do so. Any failure or refusal to provide the information will also be clearly inconsistent with the letter and spirit of the FoI Act.”

     

    “If the allegations of mismanagement and corruption in the execution of projects for which loans have been obtained from China are true, such allegations will clearly amount to a fundamental breach of national anticorruption laws and the country’s international anticorruption obligations including under the UN Convention against Corruption to which Nigeria is a state party. The facts relating to these serious allegations require your immediate and urgent disclosure and clarifications.”

     

    “As a key agency of government, the Ministry of Finance, Budget and National Planning has a sacred duty to ensure that the country’s loans including those obtained from China are transparently and accountably used solely for the purposes for which the loans are obtained, and for the effective development of public goods and services as well as the general public interests.”

     

    “This implies providing strong leadership in the efforts to curb public sector corruption, and to refer to appropriate anticorruption agencies any allegations of corruption in which any agencies of government and/or contractors may be involved. This leadership is important if the Ministry is to enjoy the public trust and confidence essential for its effectiveness and impact.”

     

    “We would like you to clarify if the N1.5 billion mobilisation fee reportedly paid in September 2010 to contractors for the construction of the headquarters of the CCB in Abuja is part of another loan obtained from China.”

     

    “We are concerned that the CCB building project is still in foundation level several years after payment of N1.5 billion of the total contract fee of N3.5billion. However, the contract was reportedly reviewed in October 2012 from N3.5 billion to N8.7 billion, with the contract agreement signed on February 5, 2013.”

     

    “SERAP notes that the consequences of corruption are felt by citizens on a daily basis. Corruption exposes them to additional costs to pay for health, education and administrative services. Another consequence of corruption is the growing inequality in the country, where the privileged few have access to all public resources, while the vast majority of citizens are deprived of access to public goods and services.”

     

    “Also, corruption undermines economic development of the country, trapping the majority of Nigerians in poverty and depriving them of employment opportunities.”

     

    SERAP therefore urged Mrs Ahmed to:

     

    1. Disclose the total amounts of money, if any, that have been paid/released for the execution of projects for which loans have been obtained from China;
    2. Compel the contractors and companies including Chinese companies that have been paid from the loans to go back to sites and urgently complete the projects;
    3. Suspend repayment of any Chinese loans until there are specific guarantees by local and Chinese contractors and companies that transparency and accountability will be ensured in the execution of the affected projects;
    4. Disclose the amount of interests so far paid on the loans obtained for the project which have allegedly not been fully, properly or satisfactorily executed;
    5. Refer any allegations of corruption involving the execution of projects for which loans have been obtained from China to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for investigation;
    6. Ensure that anyone involved in alleged corruption in projects supported by China is brought to justice if there is relevant and sufficient admissible evidence;
    7. Set up processes and procedures to safeguard Chinese loans and mitigate corruption risks in the spending of the loans and to promote fair and free competition, consistent with Nigeria’s anti-corruption legal frameworks and international standard

     

  • SERAP asks EFCC, ICPC to investigate MDAs over recruitment sandals

    SERAP asks EFCC, ICPC to investigate MDAs over recruitment sandals

    The Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other Related Offences Commission (ICPC) have been asked to “jointly carry out a prompt, thorough, transparent and effective investigation into allegations that principal officers and members of the Nigerian Senate are using their official positions to get job slots from government agencies.”

    The call was made by the Socio-Economic Rights and Accountability Project, (SERAP) in a petition dated 18 October 2019 and signed by its deputy director Kolawole Oluwadare.

    SERAP also urged the anti-corruption agencies to: “probe allegations that some ministries, departments, and agencies are selling the employment slots at their disposal, with a single slot being allegedly sold for as much as N1.5 million.

    “We urge you to prosecute anyone suspected to be involved should you consider there is relevant and sufficient admissible evidence, and to make public the outcome of any investigation.

    “These allegations show the face of public recruitment in Nigeria in recent decades, which has typically been that of political influence, cronyism, patronage, and corruption. The allegations amount to a fundamental breach of the Nigerian Constitution 1999 (as amended), the country’s anti-corruption legislation and international obligations, particularly article 7 of the UN Convention against Corruption to which Nigeria is a state party.”

    The letter copied to the chairman of the Presidential Advisory Committee Against Corruption, Itse Sagay, read in part: “SERAP urges you to invite the principal officers and members of the Senate and government agencies allegedly involved for interrogation and questioning, and to prosecute them if your investigation indicates relevant and sufficient admissible evidence. This would show your agencies’ willingness to proactively exert your mandates and act as a deterrent against breaches of Nigeria’s constitution, anti-corruption legislation, and international standards.”

    SERAP also alleged that “The leadership of the Senate allegedly received 100 employment slots from FIRS to share among themselves. The Senate President Ahmad Lawan (Yobe North) allegedly secured 26 job slots from the FIRS.”

    Meanwhile, the statement also quoted the Chairman, Senate Committee on Federal Character, Danjuma La’ah, reportedly saying that: We are aware that some of the agencies are selling the employment slots at their disposal. They are commercialising employment, selling a single slot for as much as N1.5m when we have children who have graduated from tertiary institutions who could not get any job for many years. Some people are just taking Nigerians for granted. Our children are suffering, running from one end to another, looking for jobs.”

  • Sowore, Jalingo: SERAP writes NJC, seeks directives on citizens’ rights

    Sowore, Jalingo: SERAP writes NJC, seeks directives on citizens’ rights

    Socio-Economic Rights and Accountability Project, (SERAP) has sent an open letter to Justice Ibrahim Tanko Muhammad, Chief Justice of Nigeria and Chairman, National Judicial Council (NJC), urging him to use his offices and leadership of the NJC to “urgently develop measures and issue directives to all courts to respond to the disturbing trends by state governments and federal government to use the court as a tool to suppress citizens’ human rights.”

    SERAP said: “Across the country, state governors and federal government are charging citizens, mostly journalists, bloggers and activists, with serious crimes such as ‘treason’, ‘treasonable felony’ or bogus crime of ‘insulting public officials’, simply for exercising their human rights.”

    In the letter dated 4 October 2019 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “These charges, refusal of bail and granting of bail on stringent conditions seem to be dangerous manipulation of judicial authority and functions by high-ranking politicians, something which the NJC and the judiciary under your watch should resist.”

    SERAP also said: “In the climate of a growing clampdown on human rights of journalists and activists by several state governments and federal government, the NJC ought to push back and act as protector of individuals’ rights against abuses by the authorities. We believe that the courts, not the state government or federal government, should have the final say in matters of citizens’ human rights.”

    According to the organization, “The NJC should ensure that when the authorities disobey court orders and suppress human rights, they are not allowed to come to the court and seek reliefs until they purge their contempt. Otherwise, the justice system and the Nigerian constitution become a solemn mockery.”

    The letter, copied to Mr. Diego Garcia-Sayan, UN Special Rapporteur on the independence of judges and lawyers, read in part: “If the practice by state governments and federal government is allowed to continue, the courts will be relegated to desuetude, and will lead to arbitrary and unrestricted power as well as further suppression of citizens’ human rights.”

    “It is essential for the NJC to issue directives to all courts to promptly consider on the face of the papers filed by the authorities whether the charges brought against journalists, bloggers and activists are truly based on facts or fabricated to secure indefinite detention of citizens with judicial authority.”

    “In several cases, journalists, bloggers and activists have either been denied bail, as it is the case with journalist Agba Jalingo, or granted bail with stringent conditions that implicitly violate human rights, as it is the case with journalist and activist Omoyele Sowore and Olawale Bakare. In all of such cases, the alleged offences are not constitutionally and internationally recognizable.”

    “It is important for the judiciary to exercise all the judicial power placed in its hands by the constitution with firm determination and to guard against encroachments on that power by either the state governments or the federal government.”

    “Even during many years of military dictatorship when the constitution was suspended and with it, Nigerians’ fundamental rights, the judiciary was still able to play an important role in securing protection of individuals’ rights and rejecting any forms of executive rascality by drawing on a variety of sources, including the African Charter on Human and Peoples’ Rights.”

    “The return of democracy in 1999 gave rise to a legitimate public expectation that the NJC and the judiciary would be more active and proactive in enforcing the fundamental rights of Nigerians and pushing back in cases of violations and abuses of those rights, for the sake of the Nigerian constitution of 1999 (as amended) and as a step forward for increased accountability and greater integrity in government.”

    “Nigerians now have a high degree of scepticism about the ability of the authorities at the state and federal levels to protect their human rights. We urge you to ensure that the NJC and the judiciary consistently demonstrate their original and sacred functions of standing between the government and the governed.”

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    “Charging citizens for crimes of treason and treasonable felony or ‘insult’ simply for exercising their human rights shows the authorities’ lack of commitment to protecting the human rights of all Nigerians, particularly those who perform critical roles and contribute to strengthening and sustaining the Nigerian democratic system.”

    “No government should have the power to use the courts as a tool of overriding the rights of individuals. The NJC has a responsibility to ensure that the courts play a central role in enforcing fundamental rights, and ensuring that the authorities do not use the courts as a tool to charge citizens with crimes, which are not constitutionally and internationally recognizable, simply for exercising their human rights.”

    “Democracy requires some protection of the weak from the strong. The NJC ought to push for courts’ activism in the area of human rights, especially at this time when the authorities are regularly clamping down on citizens’ human rights. This will enhance democracy, the rule of law, and will be entirely consistent with the constitutional role of the judiciary.”

    “Human rights and constitutional principles are fundamental and it is the role of an independent judiciary to give effect to those rights and principles, within the rule of law.”

    “We believe that the NJC can ensure that the courts are better protectors of human rights than the executive at state and federal levels can ever be. Indeed, Nigerians including journalists, bloggers and activists require protection from both the state governments and federal government.”

    “We believe that it is only an independent and courageous judiciary that can ensure full respect for the human rights of those brought before the courts by the authorities.”

    “Agba Jalingo, journalist and publisher of the online CrossRiverWatch, is charged with treason over a report about an alleged diversion of N500 million by the Cross River governor, Ben Ayade. According to our information, a Federal High Court sitting in Calabar, Cross River State, and presided over by Justice Simon Amobeda on October 4 2019 denied him bail. He was handcuffed to another inmate when he appeared in court.”

    “Similarly, journalist and activist Omoyele Sowore and Olawale Bakare are facing trial on seven counts of treasonable felony, fraud, cyber-stalking and insulting President Muhammadu Buhari, simply for exercising their human rights.”

    “Justice Ijeoma Ojukwu granted Sowore and Bakare bail but imposed stringent conditions that implicitly violate their constitutional rights to personal liberty, the presumption of innocence, freedom of movement and freedom of expression.”

    “We hope that the aspects highlighted will help guide your action by ensuring that the NJC is able to urgently respond to the threats to judicial independence and authority highlighted above. We would be happy to provide further information or to discuss any of these issues in more detail with you.”

  • Advise Buhari to obey judgment on release of payment details on electricity contracts, SERAP tells Malami

    Socio-Economic Rights and Accountability Project (SERAP) has urged Mr Abukabar Malami, SAN, Attorney General of the Federation and Minister of Justice to use his “special role as the Chief Law Officer of Nigeria to advise and persuade President Muhammadu Buhari to fully and effectively enforce the judgment by Justice Chuka Austine Obiozor ordering the immediate release of details of payments to all defaulting and allegedly corrupt electricity contractors and companies since 1999.”

    Justice Obiozor, a Professor of Law, sitting at the Federal High Court, Lagos, had in July delivered a judgment in a Freedom of Information suit number FHC/L/CS/105/19, brought by SERAP, ordering the Federal Government to disclose and publish the names of companies and the whereabouts of the contractors paid by successive governments to carry out electricity projects but disappeared with the money without executing any projects.”

    In the open letter dated 13 September 2019 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “The enforcement of this judgment will be a special moment for the government’s anti-corruption agenda and the sovereignty of rule of law, as it would go a long way in protecting the integrity of our legal system. We urge you to make best efforts to advise and persuade President Buhari and Mr Sale Mamman, Minister of Power to begin to take steps that will ensure the full enforcement of this ground-breaking judgment.”

    SERAP said: “Advising and persuading Mr Buhari and Mr Mamman to enforce the judgment against corrupt contractors and companies would show your commitment to the rule of law, and contribute to addressing the culture and legacy of corruption in the power sector. It will show that you are not just Mr Buhari’s lawyer but also a defender of the Nigerian Constitution of 1999 (as amended), the rule of law and public interest within the government, something which Justice Obiozor’s judgment seeks to serve.”

    The letter read in part: “It is emphatically the province and constitutional duty of the Attorney General to advise on the enforcement of judicial decisions. It is important to do so here if power sector contractors and companies are not to continue to evade justice for their alleged corruption.”

    “Taking action as recommended would be in keeping with Nigerians’ expectations, and entirely consistent with Buhari’s oft-expressed commitment to ‘kill’ corruption–whether by public officials or private contractors—and help to build citizens’ trust and confidence in the ability of this government to take head-on the systemic corruption in the power sector.”

    “Our democracy needs courts so that public officials and private actors including contractors can be held accountable for any infraction of Nigerian anti-corruption laws and international commitments. Constitutionalism and the rule of law are not in conflict with democracy; rather, they are essential to it.”

    “We hope that the aspects highlighted will help guide your actions in advising and persuading Mr Buhari and Mr Mamman to enforce and implement Justice Obiozor’s judgment. We would be happy to provide further information or to discuss any of these issues in more detail with you.”

    “A certified true copy of the judgment is enclosed with this letter for your attention and urgent action.”

    It would be called that SERAP had in February filed the FoI suit against the Federal Government and former Minister of Power Mr Babatunde Fashola. The former minister then responded, saying that: “the Ministry has searched for the requested information on details of alleged contractors and companies but we could not find it from our records.”

    SERAP said: “During the 20 years of Nigeria’s democracy successive governments have failed to increase power generation and provide Nigerians with regular and uninterrupted electricity supply, with many electricity contracts shrouded in secrecy, and trillions of Naira going down the drain.”

    “Ordinary Nigerians have continued to pay the price for corruption in the electricity sector, as the country has remained in darkness despite huge investment in the power sector by successive governments.”

  • SERAP, others sue Lawan’s Senate over plan to spend N5.5b on cars

    SERAP, others sue Lawan’s Senate over plan to spend N5.5b on cars

    The Socio-Economic Rights and Accountability Project (SERAP), BudgIT, Enough is Enough (EiE) and 6,721 concerned Nigerians have filed a suit to prevent the Senate from spending N5.5 billion on cars for every senator.

    The concerned Nigerians prayed the court to “restrain, prevent and stop the National Assembly Service Commission (NASC) from paying or releasing N5.550 billion budgeted for purchase of luxury cars for principal members of the Ninth Senate, and to restrain and stop the Senate from collecting the money until the downward review of the amount proposed by the Senate”.

    In suit filed last Friday at the Federal High Court, Ikoyi, Lagos, the plaintiffs argued that “spending …N5.550 billion to buy luxury cars for principal members of the Ninth Senate is unjust and unfair”.

    They added: “It negates the constitutional oath of office by members to perform their functions in the interest of the well-being and prosperity of Nigeria and its citizens, as contained in the Seventh Schedule of the 1999 Nigerian Constitution (as amended).”

    The plaintiffs also said: “The proposed spending by the Ninth Senate raises pertinent questions: What is the economic value and contribution of the vehicles sought to be purchased to the grand scheme of Nigeria’s economy? What are the parameters used to arrive at the cost efficiency and value for money in the decision to purchase the vehicles? Where are the vehicles purchased by the eighth Senate?”

    The concerned Nigerians, who joined the suit as co-plaintiffs with SERAP, BudgIT and EiE, include: BringBackOurGirls (BBOG) co-conveners Oby Ezekwesili and Aisha Yesufu as well as Jibrin Ibrahim, Edetaen Ojo, Abiola Akiyode-Afolabi and Deji Adeyanju.