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Tag: SERAP

  • SERAP sues CCB over ‘claim on privacy of asset declarations of presidents, governors’

    The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit in the Federal High Court, Lagos, against the Code of Conduct Bureau (CCB) over the bureau’s claim that it could not disclose details of the asset declarations submitted to it by successive Presidents and governors since 1999.

    The group quoted SERAP as saying that doing so “would offend the right to privacy of presidents and state governors”.

    Last week, the CCB refused a Freedom of Information (FOI) request by SERAP, saying: “Asset declaration form is private information.”

    But in the suit it filed last Friday, SERAP said: “Asset declarations of Presidents and governors submitted to the CCB are public documents. Public interest in disclosure of the details of asset declarations sought by SERAP clearly outweighs any claim of protection of the privacy of Presidents and governors, as they are public officers entrusted with the duty to manage public funds, among other public functions.”

    The organisation cited many laws to buttress its argument for the request for the information.

    It is seeking the following reliefs:

    “An order granting leave to the applicant to apply for judicial review and to seek an order of mandamus directing and compelling the respondent to compile and make available to the applicant information on specific details of asset declarations submitted to the Code of Conduct Bureau by successive Presidents, Vice Presidents, Senate Presidents, Speakers of House of Representatives, State Governors and Deputy Governors from 1999 to 2019 and to publish widely, including on a dedicated website, any such information.

    “An order granting leave to the applicant to apply for judicial review and to seek an order of mandamus directing and compelling the respondent to compile and make available to the applicant information on the number of asset declarations so far verified by the Code of Conduct Bureau and the number of those declarations found to be false and deemed to be in breach of the Code of Conduct for Public Officers by the Bureau and to publish widely including on a dedicated website, any such information.

    “An order granting leave to the applicant to apply for Judicial Review and to seek an order of mandamus directing and compelling the respondent to immediately take cases of false asset declarations to the Code of Conduct Tribunal for effective prosecution of suspects, and include banning the politicians involved from holding public offices for at least a period of 10 years and seeking refund of stolen public funds as part of the reliefs to be sought before the tribunal.”

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

  • Reject life pension for Bayelsa lawmakers, SERAP tells Dickson

    Reject life pension for Bayelsa lawmakers, SERAP tells Dickson

    Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to Governor Seriake Dickson of Bayelsa State urging him to use his “good offices as trustee of the state’s resources, and consistent with your constitutional oath of office, to reject the proposed life pension bill by the leader of the House of Assembly Peter Akpe, and to prevail upon the House to immediately withdraw the self-serving bill.”

    The House had last week passed a bill that would grant life pensions to speakers, deputy speakers and other members. Under the bill, speakers will go home with N500,000 monthly, while deputy speakers will receive N200,000. 24 other members will each get N100,000. The House is seeking life pensions for members similar to those “applicable to former presidents, vice-presidents, governors and deputy governors across the country.”

    But reacting, SERAP said: “Public officials have a legal commitment to discharge a public duty truthfully and faithfully. Should you assent to the bill as proposed, SERAP will institute legal proceedings to challenge the legality of the legislation and ensure full compliance with constitutional provisions and Nigeria’s international anti-corruption obligations.”

    In the letter dated 26 April 2019 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “The bill amounts to an incorrect and improper performance of public functions. It’s clearly an abuse of legislative functions by the lawmakers. Rather than sponsoring bills that would improve access of children in Bayelsa to quality education, the lawmakers are taking advantage of their entrusted public positions to propose a bill to collect large severance benefits.”

    According to the organization: “The lawmakers are clearly the major beneficiaries under the proposed legislation. Therefore, by passing the life pension bill, the lawmakers of Bayelsa State House of Assembly have violated the constitutional and international prohibitions on conflicts of interest.”

    The letter read in part: “The people of Bayelsa would expect you, as their governor, to use your entrusted public office to act in the public interest, including by rejecting the life pension bill and prevailing upon the House of Assembly to immediately drop the bill.”

    “Conflicts of interest as well as perceptions of such conflicts would undermine public confidence in the integrity and honesty of not only the Bayelsa State House of Assembly but also your government, if urgent action is not taken to prevail upon the House to drop the outrageous bill.”

    “SERAP notes that Bayelsa State has in recent years received trillions of Naira from the federation account. Yet, according to the State Universal Basic Education Board (SUBEB), over 265,000 Nigerian children lack access to basic education in the State. The public funds that would be spent to pay life pensions to the lawmakers could be well used to address the problem of growing rate of out-of-school children in the state.”

    “It is forbidden for any public official including lawmakers to engage in self-dealing, and place him/herself in a position of conflicting interests and to hold incompatible functions or illicitly engage in providing to him/herself emoluments deemed unacceptable, unconstitutional and illegal.”

    “In the Seventh Schedule to the Nigerian Constitution of 1999 (as amended), you commit to strive to ‘preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution, [and not to] allow my personal interest to influence my official conduct or my official decisions’. You also commit to: protect and defend the constitution, and to ‘do right to all manner of people according to law [and to] devote myself to the service and well-being of the people of Nigeria’.”

    “Constitutional oath of office requires public officials including lawmakers to abstain from all improper acts, including passing the life pension bill, that are inconsistent with the entrusted positions and the overall objectives of the Constitution. We believe that a false oath lacks truth and justice. The oath statements require the oath takers to commit to uphold and defend the Constitution.”

    “Under the bill, former lawmakers, including persons of Bayelsa origin who served in the old Rivers State, would enjoy life pensions for ‘their services’ in the state as applicable to former presidents, vice-presidents, governors and deputy governors across the country.”

    “It is estimated that hundreds of lawmakers will benefit from the life pension proposed legislation, which will invariably cost Bayelsa State at least N20 million taxpayers’ money monthly. This amount will increase in subsequent years.”

    “SERAP believes that the action by the lawmakers is entirely inconsistent and incompatible with the object and purpose of the UN Convention against Corruption, to which Nigeria is a state party and which implicitly prohibits large severance benefits for public officials such as members of Bayelsa State House of Assembly.”

    “The convention, which is binding on all states of the federation, specifically in paragraph 1 of article 8 requires the lawmakers to promote integrity, honesty and responsibility in the management of public resources.”

  • Onnoghen: SERAP demands asset declarations of Buhari, Jonathan, Obasanjo, governors

    A Freedom of Information (FoI) request has been sent to the Chairman of Code of Conduct Bureau (CCB), Mr Muhammed Isah, by a prominent anti-corruption group known as Socio-Economic Rights and Accountability Project (SERAP).

    The group wants Mr Isah to use his “good offices and leadership position to urgently provide information on specific details of asset declarations submitted to the CCB by successive presidents and state governors since the return of democracy in 1999.”

    According to SERAP, it is seeking information on “details of asset declarations by successive presidents and state governors between 1999 and 2019, including details of declarations made immediately after taking offices and thereafter, and for those who have left public offices, at the end of their term of office.”

    The group also said it wants information “on the number of asset declarations so far verified by the CCB and the number of those declarations found to be false and deemed to be in breach of the Code of Conduct for Public Officers, by the Bureau.”

    In the FOI request dated April 18, 2019, and signed by SERAP deputy director, Mr Kolawole Oluwadare, the organisation said, “While we welcome the judgment by the Code of Conduct Tribunal on Justice Walter Onnoghen, we now urge the CCB to extent its mandates to enforce constitutional provisions on asset declarations by public officers to cover elected officers and to vigorously pursue the prosecution of any such officers who use their powers either as presidents or state governors over public funds to enrich themselves.”

    According to SERAP, “While judicial corruption is bad, the level of corruption involving many politicians since 1999 and the entrenched culture of impunity of perpetrators is equally appalling. Publishing the asset declarations of elected public officers since the return of democracy in 1999 to date would improve public trust in the ability of the Bureau to effectively discharge its mandates. This would in turn put pressure on public officers like presidents and state governors to make voluntary public declaration of their assets.”

    The FOI request read in part: “SERAP is concerned that many politicians hide behind the fact that members of the public do not have access to their asset declarations to make false declarations, and to cover up assets illegally acquired in corruption or abuse of office. The CCB can use the opportunity presented by the Onnoghen judgment to increase the accountability of politicians through the asset declaration provisions if it is not to be accused of witch-hunting the judiciary.

    “The grim condition of many of our citizens since 1999 has been worsened by the deterioration of public services whereby access to clean water and affordable health-care has become a pipe dream and the supply of electricity became epileptic and irregular due to years of grand corruption by many politicians at the highest level of government.

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

    “The persistent refusal by successive presidents and state governors to make public their asset declarations is entirely inconsistent with the letter and spirit of the 1999 Constitution, and has been particularly harmful to the country and its people, especially given the widespread evidence of grand corruption among politicians holding public offices in Nigeria.

    “The Nigerian Constitution of 1999 (as amended) seeks to prevent corruption and abuse of office through its provisions on the declaration of assets not just by judicial officers but by all public officers including elected officers like presidents and governors.

    “Nigerians can no longer accept the excuse by high-ranking government officers that declaring their assets before the CCB is enough, as such pretext is not supported by the oaths of office by elected public officers. The failure by successive presidents and state governors to voluntarily make public their asset declarations would seem to suggest that they have something to hide.

    “Given that many public officers being tried for or convicted of corruption are found to have made a false declaration of their assets, the CCB should no longer allow politicians to undermine the sanctity and integrity of the asset declaration provisions of the Constitution by allowing them to continue to exploit legal gaps for illicit enrichment.

    “SERAP believes that while elected public officers may not be constitutionally obliged to publicly declare their assets, the Freedom of Information Act 2011 has now provided the mechanism for the CCB to improve transparency and accountability of asset declarations by elected public officers.

    “Asset declaration forms are public documents within the meaning of section 109 of the Evidence Act, and therefore, Nigerians are entitled to have access to such information. SERAP urges the CCB to vigorously push for change in law to provide penal sanctions for politicians that fail to make public their asset declarations.

    “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 asset declarations by elected public officers since the return of democracy in 1999.

    “SERAP notes that provisions on the declaration of assets by all public officers in Nigeria are entrenched in the Code of Conduct for Public Officers, contained in Part I of the Fifth Schedule to the 1999 Nigerian Constitution. The primary objective is to prevent corruption and abuse of office and to ensure transparency in public officers.

    “SERAP also notes that public officers for the purposes of the Code include the President and the Vice-President of the Federation, state governors and their deputies; the President and Deputy-President of the Senate, the Speaker and Deputy-Speaker of the House of Representatives and Speakers, the Chief justice of Nigeria, justices of the Supreme Court, the President and justices of the Court of Appeal, and other judicial officers and all staff of courts of law.”

    SERAP, therefore, urged the CCB to disclose including by publishing on a dedicated website, details of asset declarations submitted by presidents and state governors since the return of democracy in 1999; disclose details on the number of asset declarations so far verified by the CCB and the number of those declarations found to be false and deemed to be a breach of the Code of Conduct for Public Officers by the Bureau; and immediately take cases of false asset declarations to the Code of Conduct Tribunal for effective prosecution of suspects, and include banning the politicians involved from holding public offices for at least a period of 10 years and seeking refund of stolen public funds as part of the reliefs to be sought before the Tribunal.

  • SERAP writes Buhari, governors, seeks disclosure of spending on ‘security votes’

    Socio-Economic Rights and Accountability Project (SERAP) has sent Freedom of Information requests to President Muhammadu Buhari and the 36 state governors in Nigeria requesting them to use their “good offices and leadership positions to urgently provide information on specific details of spending of appropriated public funds as security votes between 2011 and 2019.”

    In the separate requests sent to Mr Buhari and the governors, SERAP said: “Given the current security realities in the country, we need the information to determine if public funds meant to provide security and ensure respect and protection of the rights to life, physical integrity, and liberty of Nigerians have been spent for this purpose. Our request is limited to details of visible, specific security measures and projects executed and does not include spending on intelligence operations.”

    In the FOI requests dated 12 April 2019 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “’Section 14(2)(b) of the 1999 Nigerian Constitution (as amended) provides that the security and welfare of the people shall be the primary purpose of government.’ It is the security of the citizens that is intended and not the security of select individuals in public office. SERAP believes that transparency and accountability in the spending of security votes are critically important to fully implement this responsibility imposed on both the federal and state governments.”

    SERAP said: “We are concerned that rather than serving the citizens, the appropriation of public funds as security votes over the years would seem to serve high-ranking government officials at all levels—federal and states. We are also concerned that the practice of security votes entrusts discretionary powers to spend huge public funds on certain elected public officials who may not have any idea of operational issues on security matters.”

    The requests read in part: “SERAP urges you to open-up on the matter and provide information and documents as requested. This will be one step in the right direction. Unless the information is urgently provided, Nigerians would continue to see the appropriation of public funds as security votes and the institutionalization of this cash in ‘Ghana Must Go bags’ practice as a tool for self-enrichment.”

    “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 action under the Freedom of Information Act to compel you to comply with our request.”

    “The most general purpose of State power is to provide security for citizens and other residents and to enable them lead a life that is meaningful to them. However, the growing level of insecurity, violence, kidnappings and killings in Zamfara State and other parts of Nigeria suggest that successive governments—at both federal and state levels—have been unwilling or unable to satisfactorily implement this fundamental constitutional commitment.”

    “SERAP believes that there is a strong link between corruption and insecurity, violence, kidnappings and killings in several parts of the country. Available evidence would seem to suggest that many of the tiers of government in Nigeria have used security votes as a conduit for grand corruption rather than spending the funds to improve and enhance national security and ensure full protection of Nigerians’ rights to life, physical integrity, and liberty. In fact, former governor of Kano State Musa Kwankwaso once described security votes as ‘another way of stealing public funds’.”

    “The huge financial resources budgeted for ‘security votes’ by successive governments—at both federal and state levels–have not matched the security realities, especially given the level of insecurity, violence, kidnappings and killings in many parts of the country. The current security realities in the country would seem to suggest massive political use, mismanagement or stealing of security votes by many governments.”

    “SERAP believes that the Federal government and state governments ought to push for transparency and accountability in the spending of security votes both at the federal and state levels, if any such funds are to be properly spent to promote and ensure sustainable peace and security for the people of Nigeria.”

    “SERAP believes that by providing the information, your government would help put an end to any insinuation that security votes are spent on political activities, mismanaged or stolen. This would in turn contribute to better opportunities for citizens to assess the level of spending and commitment of successive governments to ensuring the security of lives and property of the people.”

    “Democratic societies function best with a high level of trust. Corruption, opacity and lack of accountability undermine that trust, and thus undermine the very foundation of democracies.”

    “We note that the obligation to provide security and protect people’s rights to life, physical integrity, and liberty ought to be a shared responsibility of the federal and state governments, and not just for the federal government, as state governors also appropriate huge public funds each year as security votes. Many governors reportedly hide the security votes in their budgets as the funds are not expressly stated in their appropriation acts.”

    “By Sections 2(3)(d)(V) & (4) of the FOI Act, there is a binding legal duty to ensure that details of spending on specific security measures and projects are widely disseminated and made readily available to members of the public through various means, including on a dedicated website. 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.”

    “As revealed by a 2018 report by Transparency International (TI), most of the funds appropriated as security votes are spent on political activities, mismanaged or simply stolen. It is estimated that security votes add up to over N241.2 billion every year. On top of appropriated security votes, governments also receive millions of dollars yearly as international security assistance.”

    “According to TI, security vote spending exceeds 70 percent of the annual budget of the Nigeria Police Force, more than the Nigerian Army’s annual budget, and more than the Nigerian Navy and Nigerian Air Force’s annual budget combined.”

  • Why Lagos, Oyo governments must compensate victims of building collapse – SERAP

    Why Lagos, Oyo governments must compensate victims of building collapse – SERAP

    The Socio-Economic Rights and Accountability Project (SERAP) has urged “the governments of Lagos and Oyo states to “take immediate action to address the numerous ongoing human rights impacts of the deadly and catastrophic building collapse in their respective states, including by taking meaningful steps to avoid further damage to the human rights of the people affected.”

    The organisation said: “The Lagos State governor, Akinwumi Ambode and Oyo State governor, Abiola Ajimobi should ensure as a matter of priority, access of victims and their families to effective remedies in a transparent manner, specifically, access to justice, adequate compensation, reparation, and guarantees that incidents like these can never happen again.”

    According to the organisation: “These tragedies point to weak enforcement of building regulations and oversight by the two states and urgent need for effective action and reforms. SERAP is concerned that the responses so far by the governments of Lagos and Oyo states have been insufficient to deal with the massive extent of the human costs of the incidents.”

    In a statement Sunday, SERAP deputy director Kolawole Oluwadare said: “These incidents come as a tragic reminder of the mismanagement, weakness in the regulatory and monitoring regime. The governments should have done more to prevent them from happening. The governors should act decisively on their commitments to do everything in their powers to prevent more such tragedies, and to bring to justice those responsible, to serve as a deterrent and end the negligence at which many are carrying out their duties.”

    The statement read in part: “Schools should be a sanctuary – a place where children can learn, develop and play with their classmates, and prepare for their future lives in society. Collapse of school building due to weak enforcement regulations or corruption is an implicit attack on the right of Nigerian children to education, life, and human dignity. Such situation creates an environment of fear and severely diminishes the quality of children’s education.”

    “The tragedies demand accountability and both Lagos and Oyo states should accept responsibility for these incidents; promptly, thoroughly and impartially investigate exactly how they happened, and publicly apologise to the victims, their families and Nigerians. Building developers and contractors can only be properly held to account if the two states do the right thing for the harm they have caused.”

    “SERAP is seriously concerned about the frequency of building collapse in the country. Many buildings within Lagos and Oyo states reportedly remain in breach of minimum standards. Both governments should urgently take effective monitoring and enforcement action and provide conclusive evidence that buildings within their states are safe, strong, stable and meet applicable legal and building standards.”

    “In order to prevent other tragedies, authorities at both federal and state levels should monitor and effectively enforce compliance by public and private actors with their regulatory and environmental standards. President Muhammadu Buhari and all the 36 state governors should publicly commit that they will do everything possible to prevent new tragedies like those of Lagos Island and Bode, Ibadan.”

    “We condemn the collapse of a three-storey building in Ita Faji area of Lagos Island with over 20 people including school children reportedly dead and 45 injured, and the collapse of a two-storey building in Ibadan, Oyo State, with some people reportedly injured.”

    “We stand in solidarity with those affected and ready to help by providing free legal advice, assistance and support in order to ensure that justice is not only done but also seen to be done in these cases.”

  • Onnoghen: SERAP writes UN, lambasts Buhari for flagrant abuse of judicial process

    The Socio-Economic Rights and Accountability Project (SERAP) has urged the National Judicial Council (NJC) “to immediately take over from the Code of Conduct Tribunal the case of Chief Justice of Nigeria, Justice Walter Onnoghen with a view to setting up a committee to investigate the allegations of breach of constitutional asset declaration requirements against him.”

    TheNewsGuru (TNG) reports this is contained in an open petition to the Next-In-Rank to the Chairman of the NJC, which was also copied to Mr. Diego García-Sayán, UN Special Rapporteur on the independence of judges and lawyers.

    SERAP, in the petition dated 26 January 2019 and signed by its senior legal adviser Bamisope Adeyanju, also urged the NJC to “ask Justice Onnoghen to step aside from his role as Chief Justice pending the outcome of your investigation into the allegations against him. Also, if following your investigation, the allegations against Justice Onnoghen is established, the NJC should refer the case to appropriate anti-corruption bodies for prosecution. Similarly, Justice Ibrahim Tanko Muhammed should recuse himself from the process, as the Acting Chief Justice of Nigeria.”

    The organization asked the NJC to: “consider the issue of appointment of Justice Muhammed with a view to ensuring strict compliance with constitutional provisions. The NJC should take the recommended action within 5 days of the receipt and/or publication of this letter, failing which SERAP will take appropriate legal action to compel the NJC to take action on the case.”

    The organisation said: “The urgent intervention by the NJC would remove the allegations against Justice Onnoghen from the vicissitudes of political controversy, and a clear and present danger to the independence and authority of the judiciary. It would also help to reverse the country’s increasing movement toward anarchy or despotism.”

    According to the organization, “It is in time like this that the NJC must be most vigilant and alive to its constitutional duties, if it is not to permit a diminution of our treasured constitutional rights.”

    The petition reads in part: “Neither knee-jerk reactions by politicians nor abuse of the legal and judicial process by the government and some senior lawyers would be acceptable to break the constitutional logjam. The NJC ought to be concerned with the gravity of allegations against Justice Onnoghen.

    “This matter has inevitably thrown our country into a judicial-cum-constitutional crisis, which if not urgently addressed would lead to political crisis that would seriously put at risk Nigeria’s fledgling democracy, consequently exacerbating the declining respect for human rights at all levels of government.

    “The NJC should not and cannot stand-by while the authority and independence of the judiciary is diminished to the point at which the citizens lose confidence and trust in its ability to render justice to those need.

    “SERAP is concerned that the politicization of our judiciary poses the greatest threat to the independence of the judiciary, to Nigeria’s fledgling democracy and would if not urgently addressed lead to denial of access to justice to the most marginalized and vulnerable section of the population.

    “The politicisation of the judiciary by politicians would endanger Nigerians’ fundamental human rights and the country’s international human rights obligations, and consequently, the fundamental principles of our constitutional democracy.

    “It is the responsibility of the NJC to ensure the preservation of our constitutional values and to prevent the politicisation of the judiciary and politicians from running roughshod over sacred judicial functions, and consequently, the rights of citizens.

    “Nigerians deserve a judiciary capable of serving as essential bulwark of constitutional government, a constant guardian of the rule of law, and owing fidelity to no person or party. Unless the NJC acts as requested, the mandates, ability and authority of the judiciary to act as a check on the political branches of government and to protect citizens’ human rights would be drastically curtailed.

    “The allegation that Justice Onnoghen failed to declare his assets as required by the Nigerian Constitution of 1999 (as amended) and the arbitrary response by the Federal Government have thrown our judiciary into a crisis, with politicians seemingly taking full advantage of the crisis, resulting in the politicization of the judiciary.

    “Many politicians have failed to consider the matter through a constitutional lens and have in fact made statements that may be considered prejudicial to the cause of justice, the interests of the judiciary and Nigeria.

    “As the Senate prepares to sit to discuss the matter, the situation is likely to be even more politicised, especially at the time of election when politicians jostle for position, power, and relevance. Any intervention by the Senate is likely to be politically motivated and would not satisfactorily break the logjam.

    “Many Nigerians would see the suspension of Justice Onnoghen as outright intimidation of the judiciary in the hope of making it more deferential to certain politicians, as judges prepare to hear flood of election petitions that are expected to follow the general elections in February and March 2019.

    “Suspending the Chief Justice of Nigeria by an exparte order obtained via an apparently flawed legal and judicial process is an absurdity too gross to be allowed to stand. It suggests the constitution is no longer the supreme law of the land.

    “Furthermore, SERAP is concerned that the allegations of violation of asset declaration provisions by Justice Onnoghen have created a palpable and rising distrust of the judiciary by the citizens, a distrust that may be exacerbated by the politicization of the judiciary by politicians across party lines.

    “The allegations against Justice Onnoghen unless properly and constitutionally resolved would continue to undermine his ability to faithfully discharge and perform his judicial duties as Chief Justice. At a time of judicial-cum-constitutional crisis, the NJC should not and cannot abdicate its constitutional responsibilities to intervene in this matter.

    “Judges have the responsibility to uphold the rule of law as an effective check on the political branches. But the judiciary cannot continue to play its traditional role as the guardian of the Constitution until the Justice Onnoghen’s matter is constitutionally and satisfactorily addressed.

    “Following the allegations that Justice Onnoghen failed to disclose huge sums of money in foreign and local currencies in his asset declaration forms and documents submitted to the Code of Conduct Bureau (CCB), a petition was sent to the CCB on January 7, 2019, the case which was later filed before the Code of Conduct Tribunal.

    “A catalogue of legal errors and flagrant abuse of the judicial and legal process by the government of President Muhammadu Buhari and some lawyers culminated in the purported order on the suspension of Justice Onnoghen as Chief Justice of Nigeria and the supposed appointment of Justice Ibrahim Tanko Muhammed as the Acting Chief Justice of Nigeria by President Buhari.”

     

  • Buhari, Atiku, others should scrap security votes, immunity if elected president – SERAP

    Buhari, Atiku, others should scrap security votes, immunity if elected president – SERAP

    Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to major presidential candidates for Nigeria’s February 16 election urging them to “publicly commit to revolutionary and innovative anti-corruption reforms in five key areas, such as security votes, power sector corruption, judicial corruption and removal of immunity for presidents, vice-presidents, state governors and deputy state governors.”

    President Muhammadu Buhari of the All Progressives’ Party and Atiku Abubakar of the People Democratic Party, who were absent in the presidential debate last night, are among the candidates that SERAP said it has sent letters. Others include: the candidates of Allied Congress Party of Nigeria, Oby Ezekwesili; Alliance for New Nigeria, Fela Durotoye; Young Progressives Party candidate, Kingsley Moghalu; KOWA Party, Sina Fagbenro-Byron; African Democratic Congress, Obadaiah Mailafia; and African Action Congress, Omoyele Sowore.

    In a statement today signed by SERAP senior legal adviser Bamisope Adeyanju, the organisation said: “Consistent with their right to participate in their own government, Nigerian voters deserve a substantive debate during the campaign about issues that affect them, particularly with respect to combating corruption. Now is the time to make commitment for specific reforms that will strengthen Nigeria’s anti-corruption record and standing in global ranking. Set forth below are 5 main anti-corruption priorities that candidates should address. Please let us know which positions you will support.”

    The letters dated 19 January, 2019 read in part: “Candidates should commit to scrapping security votes spending by presidents and state governors by repealing the constitution to include specific prohibition of security votes. They should also commit to a comprehensive audit of spending on security votes by presidents and governors since the return of democracy in 1999 and directing their Attorney General and Minister of Justice to take legal action in the public interest to hold governments to account on spending on security votes.”

    “Candidates should commit to repealing the Electric Power Sector Reform Act of 2005 to address regulatory lapses which have continued to lead to systemic corruption and impunity of perpetrators, forcing ordinary Nigerians to pay the price for corruption in the electricity sector–staying in darkness, but still made to pay crazy electricity bills.”

    “Candidates should commit to reopening all reports of corruption in the electricity sector and ensuring effective prosecution of corruption allegations, including corruption charges against Dr. Ransom Owan-led board of the Nigerian Electricity Regulatory Commission; allegations of looting of the benefits of families of the deceased employees of Power Holding Company of Nigeria; and the budgeted N16 billion between 2003 and 2007, which went down the drains as it failed to generate the needed amount of electricity.”

    “Candidates should commit to establishing independent counsel and/or special anticorruption courts in the six-geopolitical zones of the country for the effective and speedy prosecution of all former state governors indicted for corruption. They should also commit, within the first 365 days in office, to begin the constitutional reform process of removing the immunity clause in section 308 of the 1999 Constitution of Nigeria (as amended) to promote effective leadership and improve institutions of governance.”

    “Candidates should commit to working with the judiciary to improve the independence of the National Judicial Council, including by reviewing requirements for its leadership to allow retired judges of proven integrity to lead the council. They should also commit to working with and encouraging the Chief Justice of Nigeria and NJC to ensure that the Chief Justice of Nigeria and all other judges make periodic asset declarations and public disclosures of such declarations.”

    “Candidates should commit, within the first 365 days in office, to begin the constitutional reform process of inserting specific requirements in the 1999 Constitution of Nigeria (as amended) to make asset declaration details by presidents and state governors public, including by widely publishing the details online and on other accessible platforms.”

    “Candidates should also commit to directing their Attorney General and Minister of Justice to refer cases of apparent disparity between the asset declarations of presidents and state governors before assuming offices and their alleged illicit wealth and enrichment after leaving to the Code of Code Bureau for joint investigation and prosecution with the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).”

    “Prior to the elections, SERAP will issue a short report on the anti-corruption commitments that candidates and political parties have made. SERAP will then issue an anticorruption assessment report in March 2019, to set clear anti-corruption agenda for the next president and administration, which would assume office May 29, 2019.”

    “We hope that candidates will adopt these commitments as part of their own political platform and ensure that the important recommendations are diligently implemented if they are elected.”

     

  • Alleged false asset declaration: Allow NJC examine CJN Onnoghen, SERAP tells FG

    Alleged false asset declaration: Allow NJC examine CJN Onnoghen, SERAP tells FG

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to follow due process by allowing the National Judicial Council to examine the Chief Justice of Nigeria, Walter Onnoghen.

    The human rights organisation said this should be done as Onnoghen recluses himself.

    SERAP urged Buhari to instruct the Attorney-General of the Federation and Minister of Justice, Abubakar Malami SAN, to immediately withdraw the charges against Onnoghen, and to send any allegations of breach of assets declaration provisions of the 1999 Constitution of Nigeria (as amended) to the National Judicial Council for investigation.

    The Federal Government on Monday withdrew the charges against Onnoghen, even as the CJN refused to appear in court.

    SERAP said in a statement: “Mr. Malami should then request Justice Onnoghen, as the Chairman of the NJC, to recuse himself, so that the next most senior justice at the Supreme Court can preside over the process and set up a panel to investigate the allegations against Justice Onnoghen to ensure fairness and justice in the matter.”

    The organisation’s senior legal adviser, Bamisope Adeyanju, added: “We believe that enforcing assets declaration provisions would help to prevent corruption and abuse of office and ensure transparency among public officers, including judges.

    “But the government should follow due process of law, and allow the NJC to consider the allegations against Justice Onnoghen first before pushing for prosecution, should there be any relevant admissible evidence.

    “This would help to accord Justice Onoghen his entire rights through laid down process.

    “The moral guilt or the legal guilt of Justice Onnoghen should be left for the judicial process to decide, as he is presumed innocent until proven guilty by a court of competent jurisdiction.

    “For now, the fundamental question is whether he is afforded the due process of law, as he is constitutionally and legally entitled to. This is our interest in this case, and this should be the interest of every lover of justice.

    “Due process here requires that Justice Onnoghe be given an opportunity to have allegations against him heard by the NJC.

    “The bringing of this case against Justice Onnoghen before the Code of Conduct Tribunal would appear to have fallen below the minimum procedural standards of legal justice, which in turn would affect the quality of justice he receives.

    “Due process rights should not be curtailed in the interest of expediting enforcement of asset declaration provisions.

    “The authorities have the responsibility to ensure fair treatment of judges or others who face these kinds of charges that may ultimately lead to deprivation of liberty.

    “Preventing the NJC to first hear the allegations against Justice Onnoghen would deny him his constitutionally and internationally recognised right to a fair hearing and lead to the matter being unnecessary politicised.”

    “The authorities may have a strong case against him, but the possibility of success is diminished if the proper procedure is not followed.

    “The requirements of justice and success of the fight against corruption justify the fundamental need to ensure and apply due process rights in this case.”

     

  • Publish ‘names of contractors that disappeared with money for power projects’, SERAP tells Fashola

    Socio-Economic Rights and Accountability Project (SERAP) has sent a Freedom of Information request to Babatunde Fashola, SAN, Minister of Power, Works and Housing urging him to use his good offices and leadership position to “urgently provide information on specific names and details of contractors and companies that allegedly collected money for electricity projects but failed to execute any projects, starting from the return of democracy in 1999 to 2018.”

     

    According to SERAP, former Nigeria’s Vice President and Presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar reportedly blew the whistle on Channels TV when he said, “Contractors were given some contracts for power projects and were paid hundred percent upfront. The money went down the drain. Up till now, we are not holding the contractors responsible. People have collected money upfront one hundred percent and have disappeared; and have not even done any work.”

     

    SERAP said: “The revelation by Alhaji Atiku is entirely consistent with SERAP’s recent report titled: From Darkness to Darkness: How Nigerians are Paying the Price for Corruption in the Electricity Sector, which also revealed how over N11 trillion meant to provide regular electricity supply was allegedly squandered by politicians and contractors under successive governments.”

     

    In the FOI request dated 4 January, 2019 and signed by SERAP senior legal adviser Bamisope Adeyanju, the organization said: “By publishing the names of the contractors and their registration details, if any, Nigerians will be better able to hold them to account for allegedly absconding with public funds meant for electricity projects, thereby throwing the country into perpetual darkness and socio-economic stagnation as well as denying people their human rights.”

     

    The organization also said: “publishing the names will make it hard for contractors and companies to get away with complicity in grand corruption. If the requested information is not provided within 14 days of the receipt and/or publication of this letter, SERAP shall take all appropriate legal actions under the Freedom of Information Act to compel you to comply with our request.”

     

    The FOI request read in part: “It is important to show that your office and indeed this administration would not shield or allow ingrained wrongdoing by contractors and companies in the power sector to go unpunished. Unless the names of the contractors and companies are disclosed and widely published, alleged corrupt contractors and companies executing electricity projects will not be deterred and the victims of corruption that they committed will continue to be denied justice and effective remedies.”

     

    “SERAP urges you to publish the names of all contractors and companies that have been engaged in the power sector since the return of democracy in 1999 to date, details of specific projects and the amounts that have been paid to the contractors and companies, details on the level of implementation of electricity projects and their specific locations across the country.”

     

    “SERAP is concerned that to date no contractors or companies who allegedly collected money for electricity projects not executed or poorly executed have been investigated for corruption let alone prosecuted and fined. Senior public officials who apparently served as intermediaries for these contractors and companies continue to escape justice.”

     

    “We are concerned that allegations of corruption involving many contractors and companies in the power sector have continued to impair, obstruct and undermine the ability of successive governments to provide Nigerians with access to regular and uninterrupted electricity supply.”

     

    “Contractors and companies that allegedly disappeared with public funds meant for electricity projects may also be liable for aiding and abetting the commission of acts of grand corruption.”

     

    “SERAP also urges you to refer contractors and companies that allegedly collected hundred percent payment upfront to appropriate anticorruption agencies for further investigation, and where there is relevant admissible evidence, for them to face prosecution.”

     

    “Doing this will show your willingness to end a pattern of corruption in the power sector and to improve access of Nigerians to regular and uninterrupted electricity supply. It will also allow citizens to track the level of execution of electricity projects by contractors and companies and reduce impunity for corrupt acts in the sector.”

     

    “Failure to publish the names of alleged corrupt contractors and companies in the power sector will undermine the government’s oft-expressed commitment to holistically fight grand corruption and improve access of Nigerians to regular and uninterrupted electricity supply.”

     

    “Similarly, failure to take punitive and dissuasive measures would allow corrupt contractors and companies to continue to undermine the rule of law and socio-economic development of the country, restricting access of disadvantaged and marginalized communities to regular and uninterrupted electricity supply.”

     

    “SERAP notes that the UN Convention against Corruption to which Nigeria is a state party contains requirements of integrity and honesty in economic, financial or commercial activities-in the public and private sectors. It also imposes obligations on the government to ensure that sanctions imposed for corruption on natural and legal persons are effective, proportionate and dissuasive.”

     

    “We urge you to establish online national database for all contractors and companies, shareholders and others that might have any ownership interests in companies responsible for executing power projects in the country. We also urge you to disclose if there any on-going investigation or prosecution of allegedly corrupt contractors and companies in the electricity sector.”

     

    “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 alleged corrupt contractors and companies that have collected money for electricity projects and disappeared with public funds rather than executing the projects.”

     

    “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.”

     

    “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, 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.”

     

    “According to our information, former Nigeria’s Vice President and Presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar blew the whistle on Channels TV when he said, “We collected money from local, state and federal governments and others. Contractors were given some contracts and were paid hundred percent upfront. Up till now, we are not holding the contractors responsible. People have collected money upfront one hundred percent and have disappeared; and have not even done any work.”

  • SERAP drags FG to UN over ‘failure to end ASUU strike’

    Socio-Economic Rights and Accountability Project has sent an urgent appeal to two UN special rapporteurs urging them to “prevail upon the government of President Muhammadu Buhari and the leadership of Academic Staff Union of Universities (ASUU) to reach an agreement to end the ongoing strike action by ASUU, which continues to have real and dire consequences on the right to higher education, specifically university education, as guaranteed by the International Covenant on Economic, Social and Cultural Rights, to which Nigeria is a state party.”

    In the urgent appeal dated 28 December 2018 and signed by SERAP senior legal adviser Bamisope Adeyanju, the organization said: “By failing to prevent and end the ongoing strike action by ASUU, the Nigerian government has defied and breached the explicit requirements of the right to equal access to higher education by Nigerian children and young people, under article 13(2)(c) of the International Covenant on Economic, Social and Cultural Rights.”

    The urgent appeal sent to Ms. Koumbou Boly Barry, Special Rapporteur on the right to education and Professor Philip Alston, Special Rapporteur on extreme poverty and human rights argues that: “The failure by the Nigerian government to reach an agreement with ASUU has also implicitly made access to higher education a privilege of the rich and well-to-do rather than a right of every Nigerian child and young person, as students in private schools continue to attend classes while those in public universities stay at home.

    According to SERAP, “The failure to end the ongoing strike action by ASUU is also a fundamental breach of the right to higher education without discrimination or exclusion, as strike actions continue to penalise economically disadvantaged parents who have no means or lack the capacity to pay to send their children to private schools.

    The urgent appeal read in part: “The obligations of the Nigerian government to create the conditions necessary for the enjoyment of the right to education include to take preventive measures to address the root causes of strike action by ASUU and to take steps to end any strike action in a timely manner when it occurs.”

    “It is the responsibility of the government to preserve and strengthen education as a public good and a matter of public interest. Without the urgent intervention of the Special Rapporteurs, the ongoing strike action by ASUU would continue and this would continue to impede access to university education for the poor and marginalized.”

    “SERAP is concerned that Nigerian students in public universities have suffered many years of academic disruption as a result of the failure of successive Nigerian governments to address the root causes of strike action by ASUU and to timely reach agreement to end strike action and its devastating consequences on the right to equal and quality higher education.”

    “Persistent strike actions in the education sector have continued to cause disruption of classes and undermine both the quality and duration of students’ education.”

    “We note that the right to strike is one of the fundamental means available to workers to promote their interests. However, we are seriously concerned that the failure by both the Nigerian government and ASUU to make substantial progress in negotiations and reach amicable settlement to end the unduly prolonged strike action has undermined the right of Nigerian children and young people to higher education.”

    “The ongoing strike action by ASUU in Nigeria if not urgently addressed would continue to have grave consequences for the youth of our country as well as the country’s development and progress as a whole.”

    “Universal access is an essential prerequisite for the exercise of the right to education. But the failure by the Nigerian government to end the strike action by ASUU has contributed to denying students from disadvantaged backgrounds equal access to university education, as these students are unable or lack the capacity to pay to access private schools.”

    “This situation has aggravated existing disparities in access to university education in the country, further marginalizing economically disadvantaged parents and students.”

    “SERAP believes that providing Nigerian children and young people equal access to higher education should be the core public service functions of the Nigerian government. Providing public schools ranks at the very apex of the function of a State.”

    “SERAP believes that equal access of Nigerian children and young people to quality and uninterrupted education including at the university level would contribute to producing citizens who are fundamentally equal and people who actively participate in society. It would enable people to enjoy the rights as well as fulfil obligations that are associated with citizenship.”

    “According to our information, members of ASUU suspended their academic responsibilities in the first week of November 2018, and weeks of negotiations with the Nigerian government since then have yielded no amicable settlement or agreement. ASUU is alleging failure by the Nigerian authorities to implement 2009 agreement and the 2013 Memorandum of Understanding.”

    “SERAP notes that article 13(2)(c) of the International Covenant on Economic, Social and Cultural Rights explicitly guarantees the right to higher education, which includes university education. According to the Committee on Economic, Social and Cultural Rights, states parties are required to make higher education including university education available on equal basis, and to ensure the progressive introduction of free education at all levels of education.”

    “States parties including Nigeria have obligations to ensure that the liberty of providing education set out in article 13(4) of the International Covenant on Economic, Social and Cultural Rights does not lead to extreme disparities of educational opportunity for some groups in society.”

    “The rights and values enshrined in the Constitution of Nigeria 1999 (as amended) all point to the right to the provision of equal access to quality education including at the university level. These rights include human rights, such as the right to equality and the right to human dignity as well as numerous other civil and political rights, such as access to information, which cannot be properly understood or exercised if one is inadequately trained and uneducated.”