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Tag: SERAP

  • $16bn Power Projects: Refer OBJ, Jonathan to EFCC, ICPC – SERAP tells Buhari

    The Socio-Economic Rights and Accountability Project, (SERAP) has urged President Muhammadu Buhari to “urgently refer the allegations of mismanagement of $16 billion power projects between 1999 and 2007 to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for further investigation, and if there is relevant and sufficient admissible evidence, for anyone suspected to be involved to face prosecution.

    The organisation also urged Mr Buhari to “refer to the EFCC and ICPC not just allegations regarding the $16 billion power projects but also the alleged squandering of over N11 trillion meant to provide regular electricity supply covering the governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua and Goodluck Jonathan.”

    Mr Buhari had on Tuesday accused Mr Obasanjo of spending $16bn on power projects during his tenure as the president without corresponding power supply to Nigerians. But responding, Obasanjo said the President’s allegation was rooted in ignorance, claiming he was already cleared of any wrongdoing concerning the power sector by the National Assembly, and referring Buhari to his autobiography, My Watch, which he said reproduced various reports on the matter.

    But SERAP in a statement by its executive director, Adetokunbo Mumuni, said, “We welcome the focus by President Buhari on the massive allegations of corruption and mismanagement in the power sector and urge him to expand his searchlight beyond the Obasanjo government by ensuring accountability and full recovery of the over N11 trillion squandered by the three administrations. It is only by pursuing all the allegations and taking the evidence before the court that the truth will be revealed and justice best served. This is the only way to conclusively address the systemic corruption in the power sector and an entrenched culture of impunity of perpetrators.”

    The organisation said, “Addressing impunity in the power sector should be total. This would help improve the integrity of government and public confidence and trust in their government. It would also serve as a vehicle to further the public’s perception of fairness and thoroughness, and to avert any appearance of political considerations in the whole exercise.”

    According to the organisation, “By immediately pursuing justice and recovery of any stolen assets in the power sector, the Buhari government would be acting in the public interest, and consistent with the spirit and letter of the constitution, particularly Chapter 2 of the 1999 Constitution dealing with Fundamental Objectives and Directive Principles of State Policy, and providing that high-level public officials have a clear obligation to “eradicate all corrupt practices and abuse of power.”

    The statement read in part: “SERAP notes that lack of access to uninterrupted energy/electricity services has forced many citizens to use and collect frequently contaminated surface water for drinking and household uses; and denied the citizens the ability and services for boiling, purifying, disinfecting, and storing water, as well as for irrigation to increase the productivity of lands, thereby decreasing the availability of food supplies and undermining employment opportunities.

    “SERAP notes that the failure by successive governments to tell Nigerians the truth about allegations of corruption in the spending of not just the $16 billion but also the over N11 trillion spent by three governments on electricity supply amounts to a failure to ensure that energy services/electricity services are progressively made available, on the basis of equality and non-discrimination, to the whole population, including those most disadvantaged, such as the fringe dwellers and the rural poor.

    “The total estimated financial loss to Nigeria from corruption in the electricity sector starting from the return to democracy in 1999 to date is over Eleven Trillion Naira (N11 Trillion Naira). This represents public funds, private equity and social investment (or divestments) in the power sector. It is estimated that may reach over Twenty Trillion Naira (N20 Trillion Naira) in the next decade given the rate of Government investment and funding in the power sector amidst dwindling fortune and recurrent revenue shortfalls.”

    “SERAP in 2016 sent a petition to the then Acting Chief Justice of Nigeria Justice Water Samuel Nkanu Onnoghen. Last year SERAP published a report From Darkness to Darkness: How Nigerians are Paying the Price for Corruption in the Electricity Sector. The report showed how the country has lost more megawatts in the post-privatisation era due to corruption, impunity, among other social challenges reflected in the report.”

    “The report also shows that “The much-publicised power sector reforms in Nigeria under the Electric Power Sector Reform Act of 2005 is yet to yield desired and/or anticipated fruits largely due to corruption and impunity of perpetrators, regulatory lapses and policy inconsistencies. Ordinary Nigerians continue to pay the price for corruption in the electricity sector–staying in darkness, but still made to pay crazy electricity bills.

    “The report accuses Dr. Ransom Owan-led board of the Nigerian Electricity Regulatory Commission (NERC) of allegedly settling officials with millions of Naira as severance packages and for embarrassing them with alleged Three Billion Naira (N3,000,000,000.00) fraud. The authorities must undertake a thorough, impartial and transparent investigation as to the reasons why corruption charges were withdrawn, and to recover any corrupt funds.

    “The report also called for the reopening and effective prosecution of corruption allegations, including the alleged “looting of the benefits of families of the deceased employees of Power Holding Company of Nigeria (PHCN) levelled against a former Permanent Secretary in the Ministry of Power, Godknows Igali.

    “The report shows how the Obasanjo’s administration spent $10 billion on NIPP with no results in terms of increase in power generation. $13.278,937,409.94 was expended on the power sector in eight years while unfunded commitments amounted to $12 billion. The Federal Government then budgeted a whopping N16 billion for the various reforms under Liyel Imoke (2003 to 2007) which went down the drains as it failed to generate the needed amount of electricity or meet the set goals. Imoke was alleged to have personally collected the sum of $7.8 million for the execution of the contract for the construction of the Jos-Yola Transmission Line, which was never executed. There were documented/reported allegations of corruption against Imoke that fizzled-out shortly thereafter.”

    “Professor Chinedu Nebo handed over the assets of the PHCN to private investors on November 1, 2013. Prof. Nebo is alleged to have corruptly funded the privatized power sector with over N200 Billion despite privatization. The allegation of N200 Billion funding of the privatized power sector during Prof Nebo’s tenure should be thoroughly and transparently investigated and anyone suspected to be responsible prosecuted. Any corrupt funds should be fully recovered. The sum of N1.5 billion with which the vehicles were acquired was allegedly sourced from the diverted N27 billion insurance premium of deceased workers of the defunct Power Holding Company of Nigeria (PHCN).”

    “When Rilwan Lanre Babalola (2008 to 2010) took over the affairs in the Ministry of Power, he met 3,700MW on ground and promised to increase it to 6,000MW and ensure a 24-hour power supply by the end of 2009. Six months after assuring Nigerians of making a significant impact in the sector, in September 2009, the 3,700MW capacity he met on ground dropped to 2,710MW which shortfall was attributed to inadequate supply of gas to the new generators.”

    “The duo, Elumelu and Ugbane allegedly colluded in misappropriating over N10 billion public funds from the account of Rural Electrification Agency (REA). The research also established, based on evaluation and analyzing documents, a prima-facie case of misappropriation of unspent funds at the end of the year instead of returning same to the treasury. Alleged misappropriation of N500million to buy houses; diversion of REA’s funds; flouting of government’s rules on award of contracts and award of fictitious and unnecessary contracts without following due process.”

    “The government of Nigeria handed over the transmission company to a Canadian company Manitoba, to manage and under a management service contract of over $200 million. Findings also show that the Transmission Company of Nigeria could not execute most of its approved 44 projects after having 50 percent of its N30 billion 2016 budget released to it. Funds were released from Eurobond. $23.6 million allegedly paid to Manitoba Hydro International (MHI) of Canada to manage the Transmission Company of Nigeria (TCN) would appear to be without due process.”

  • $1.8bn TAM contract: SERAP, NBA, others condemn FG, NNPC

    The Socio-Economic Right and Accountability Project (SERAP) and other prominent civil rights groups on Monday criticized the President Muhammadu Buhari-led Federal Government for awarding $1.8bn contracts for the Turn Around Maintenance of refineries to some companies indicted in the $1.2bn Malabu scam.

    The groups insisted that the government’s action had shown that it was not serious with the anti-graft war.

    Recall that the House of Representatives ad hoc committee investigating the fresh TAM plan for the country’s four refineries had on Tuesday queried the criteria used in selecting the consortium of firms listed for the contracts.

    The Nigerian National Petroleum Corporation had set aside over $1.8bn for the repairs, which the corporation preferred to call “comprehensive rehabilitation”, as against the traditional TAM.

    The House is investigating the desirability of another TAM on the refineries after a series of TAM in the past reportedly gulped “over $20bn” and still left the plants operating at below 20 per cent installed capacity.

    The panel, which is chaired by a member of the All Progressives Congress from Kaduna State, Mr. Garba Datti-Muhammad, had summoned the NNPC to produce documents on the status of the refineries and the financial implications of running them at the expense of taxpayers.

    But, on Tuesday, after examining the documents, lawmakers observed that some of the firms engaged to carry out the fresh $1.8bn TAM were facing corruption charges across the globe, including the celebrated $1.2bn Malabu oil deal linked to former Nigerian government top officials.

    Among the consortium of firms on the NNPC’s list were names like Trafigura, ENI, MIRS and Sahara.

    The lawmakers particularly cited the case of ENI, whose directors they said were facing prosecution in some countries, including Italy.

    The civil societies said the NNPC had made the Federal Government’s fight against corruption look like noisemaking, calling on anti-graft agencies such as the Economic and Financial Crimes Commission to conduct an independent and thorough investigation, apart from what the House of Representatives was doing on the matter.

    The SERAP Director, Adetokunbo Mumuni, said, “If you worked for a particular establishment and the work given to you was done in a manner that was inappropriate, that should indicate to the person you worked for that you have no integrity and you cannot deliver efficiently.

    “This will only show that the government is serious and whatever agenda the government proposes will be effectively accomplished. But for the NNPC to now give contracts to these firms shows the government is not serious and that all what we are saying about anti-corruption is noisemaking.”

    Some Nigerians, including two lawyers, Mr. Monday Ubani, who is the 2nd Vice-President of the Nigerian Bar Association and the President of the Committee for Defence of Human Rights, Mr. Malachy Ugwummadu, condemned the award of refineries TAM’ contract to some companies indicted in the Malabu scam.

    Reacting to the development on Friday, Ugwummadu said the conduct of the Federal Government through the NNPC by engaging the indicted companies in such contract, violated constitutional provisions which mandate the government to abolish corruption in the country.

    He said, “You will appreciate that the controversy surrounding the OPL 245 Malabu oil deal is one of a national embarrassment with international dimension.

    “Our concern is that the controversy and the web of intrigues are such that the image of Nigeria as a country struggling with corruption has further plummeted as a result of our inability to track the components of corruption network at a time when the accomplices that engaged in the same chain of corrupt transactions are being prosecuted in other climes.

    “To further compound the embarrassing situation is this revelation that companies allegedly involved in the same corrupt activities have now been rehabilitated and then certified to be fit and proper to continue transacting with NNPC.

    “That is clearly against section 15(5) of the Constitution which is to the effect that the state shall abolish all forms of corrupt practices and abuse of office.”

    On his part, Ubani said it was a blow to the image of a country that claims to be fighting corruption.”

  • 55 politicians, others ‘stole N1, 354tr between 2006-2013’—SERAP

    55 politicians, others ‘stole N1, 354tr between 2006-2013’—SERAP

    A new report by the Socio-Economic Rights and Accountability Project (SERAP) has revealed how “55 politicians, high-level public officials and leaders allegedly stole N1, 354tr between 2006 and 2013 from the nation’s treasury.”

    According to the report, “The amount of money embezzled, misappropriated or stolen by public officials and leaders in the private between 2013 and 2017 has galloped beyond the contemplation of average Nigerians. Evidence abound that Judges, judicial officers, lawyers and military officers are participants in the frenzy of despoliation of national wealth.”

    The 112 pages report launched today at the CITI-HEIGHT Hotels, Ikeja, Lagos is titled: “Letting the Big Fish Swim” How Those Accused of High-Level Corruption are Getting away with their Crimes and Profiting from Nigeria’s Legacy of Impunity. The report presented to the media by Dr. Esa Onoja, Senior Lecturer of Law, Litigation and Professional ethics at the Nigerian Law School, Abuja Campus discloses that “While the main anti-corruption agencies secured more than 1500 non-high profile convictions between 2000-2017, they could only muster 10 high profile convictions between the periods.”

    According to the report, “In the investigation, prosecution and trial of high profile corruption cases in Nigeria, justice is imprisoned by snares contrived by actors in the legal community in aid of looters.”

    The report listed “high profile cases of corruption prosecuted by anti-corruption agencies between 2000 and 2017 as numbering 177 out of which 167 are pending. Total convictions are just 10. Out of the 10, only 3 convictions were obtained after full trial while 7 convictions were based on plea bargaining. Yet 1 of the 3 convictions based on Full trial was discharged by the Supreme Court while 3 of the 7 convicted were granted Presidential pardon.”

    The report launch chaired by Oladayo Olaide, Deputy Director Macarthur Foundation had in attendance human rights lawyer Femi Falana SAN; Barrister Babatunde Ogala; Mrs Juliet Ibekaku- Special Assistant to the President on anti-corruption and Coordinator of the Open Partnership Government; Chinedu Nwagu, Trust Africa; Mr Joy Esezebor, Ford Foundation; David Ukagwu Head, DFID South-West Regional Coordinator; Wahab Shittu; former NBA Chairman, Lagos Mr Martin Ogunleye; Miss Jennifer Ogbechi representing Mrs. Mariam Uwais; Mr Collins Okeke, representing Dr.Olisa Agbakoba; the media, civil society groups and representatives of anticorruption agencies.

    All the participants expressed commitment to ensure the full implementation of the recommendations contained in the report.

    The report read in part: “Most corruption cases against high profile defendants witness delays tactics and tricks by defendants to truncate fair trial. The cases depict the stark reality of a captive justice system at the mercy of high profile offenders and their platoon of defence counsel. The negligible number of conviction of high profile defendants explains the probable calculus of offenders that the risk of apprehension and conviction is low.”

    “Mr James Ngilari, ex-Governor of Adamawa State was convicted through the effort of the Attorney General of Adamawa State. Salisu Buhari was convicted of forgery under a plea arrangement in 1999. Salisu Buhari’s sentence was a slap on the wrist. President Olusegun Obasanjo later granted him a pardon. Tafa Balogun (former Inspector General of Police), Mrs Celicia Ibru (former CEO of Oceanic Bank), Lucky Igbinedion (former Governor) and Diepreye Alamieyeseigha (former Governor of Bayelsa State) all entered plea agreements with the Economic and Financial Crimes Commission.”

    “Alhaji Shettima Bulama (former CEO of Bank of the North) was convicted after trial. The sentences in each of these cases did not reflect the gravity of the offences. There is a sense that all the offenders, including Tafa Balogun and Celilia Ibru, who publicly returned large amounts of money, were able to retain substantial proceeds of crime. Diepreye Alamieyeseigha and Alhaji Shettima Bulama were granted Presidential pardon by President Goodluck Jonathan. The outcome of conviction of the high profile offenders seems to be a clear signal that crime pays when you are high profile.”

    “The record of proceedings from courts and law reports paint a vivid and irrefutable picture of the causes of truncation of prosecution of high profile in Nigeria. The trajectory of cases through investigation to trial and appeals qualitatively reveals strong evidence of a nexus between weak institutional capacity on the one hand and attitudes of actors in the criminal justice sector that hamstring orderly and efficient collation and presentation of evidence in court, which militates against impartial determination of corruption cases.”

    “The sense of simmering undercurrent of commodification of justice and commercialized legal contortions and reasoning pervades investigation, prosecution and trial of high profile corruption cases in Nigeria. Justice stands in the dock this game of musical chairs presided by technical justice while high profile offenders gleefully sit in comfort with their loot, fortified by the efficacy of a vast array of subterfuge and jiggery-pokery of their lawyers, with seeming active and passive connivance of actors in the legal community.”

    Falana said, “Nigerians should stop rubishing all judges and lawyers. No doubt there are a few corrupt judges and lawyers. Just a few. But majority of members of the legal profession are not corrupt. Our duty as concerned citizens is to identify and isolate the bad judges and lawyers.”

    According to him, “I can say without any fear of contradiction that the judiciary has developed an inbuilt mechanism to remove bad judges. Between 1999 and 2017 not less than 100 judges have been sanctioned. No other institution in Nigeria in Nigeria can boast of that record. SERAP deserves commendation for elevating the debate about corruption beyond the adoption of Fela Anikulapo-kuti’s record entitled “Authority Stealing”. Unlike the two parties singing “you be thief, I no be thief” SERAP has produced a 112-page occasional publication.”

    Falana’s remarks read in part: “With the abolition of stay of proceedings politically exposed persons and their lawyers are no longer permitted to frustrate their prosecution. In commending SERAP for producing this report let me say that the areas covered are a tip of the iceberg. Not a single reference was made to the most corrupt institutions in the country.”

    “One of them is the Nigerian National Petroleum Corporation (NNPC) which is currently headed by President Mohammadu Buhari. A government’s agency, the National extractive industries transparency initiative has accused the NNPC of illegally withholding $16.8 billion from the federation account.”

    “Since the NNPC cannot justify the fraudulent importation of fuel it says that it is not a public institution when asked to produce the certified true copies of importation documents. But i assure you the documents will be produced either now or in future. A government that says it is fighting corruption cannot be allowed to engage in reckless opacity.”

    The report also states: “The immunity clause has metamorphosed into a potent vehicle of corruption and ignoble conduct. The immunity clause effectively foster corruption and has become a cloak of immunity to commit heinous crimes in our society. For indeed there seems to be some sacred cows amongst the governors who hide behind the cloak of immunity to commit atrocities.”

    “Suspicious decisions/rulings by courts in favour of high profile defendants in corruption cases abound. Successful prosecution of high profile cases unduly suffer because of the tendency of courts to favour legalism and technical construction of criminal and procedural legislations instead of real justice. High profile corruption defendants have conveniently latched on to claims of alleged breach of fundamental right to prevent investigation, prosecution and orderly conduct of cases by courts. Instances of sly and twisted claims of breach of fundamental rights by high profile defendants against anti-corruption agencies abound and are readily available from law reports.”

    “The problem with administration of criminal justice Nigeria is not the absence of laws or institutions, but the will of actors within and outside criminal justice institutions to put aside their personal or group interests and apply the law. That is the main reason for the low level of conviction of high profile corruption defendants in Nigeria. However, no institution is perfect. Periodic reform is beneficial because it ensures that laws and institutions keep up with the times.”

    “The National Assembly should amend provisions in anti-corruption legislations, criminal justice legislations, and the Evidence Act that enables defendants to prolong trials or that are disadvantageous to efficient presentation of cases in court. The Executive should avoid interference with the work of anti-corruption agencies. Money appropriated in budgets should be released as and when due.”

    “Anti-corruption agencies should weed out compromised officials. These agencies should also demonstrate that they are truly independent. Training and re-training of investigators and prosecutors should be a priority. There should be less dependence on personnel from other agencies. The Nigerian Bar Association should establish a monitoring mechanism to check abuse of court process by legal practitioners. The Legal Practitioners Disciplinary Committee should be empowered to discipline even the sacred cows.”

     

  • SERAP threatens to sue UI, AAUA over increased fees

    The National Youth Service Corps (NYSC) has said that 19 of its corps members will have to repeat the exercise.

    The NYSC accused them of absconding from their service-year programme and would repeat it whenever they presented themselves to the authority.

    The State Coordinator, Mr Benjamin Omotade, said this during the passing out of the 2017 Batch A, Stream 1 corps members in Asaba on Thursday.

    Omotade said that 16 would have their service year extended for between two weeks and four months.

    He said that they corps were found wanting and had been reprimanded in accordance with the bye-laws of the NYSC.

    He, however, said that three corps members who distinguished themselves in their primary places of assignment during the service year had been selected for recognition and awards.

    He said that two who belonged to Stream 1 would receive the Chairman’s Award while one would be conferred with the state Honours Award during the 2017 Batch A Stream 11 passing out.

    He said that the recognition and awards were also in line with the policy of the scheme.

    He advised the corps members to go home and reunite with their families after a meritorious service to the nation.

    Also, Gov. Ifeanyi Okowa of Delta admonished the corps members not to be deterred by security challenges and unemployment.

    Okowa was represented by the Commissioner for Youth Development, Mr Oghenejaro Ilolo.

    The governor said that their participation and experience in the scheme were to equip them with the necessary skills and strategies for survival as adults in a competitive world.

    The NYSC accused them of absconding from their service-year programme and would repeat it whenever they presented themselves to the authority.

    The State Coordinator, Mr Benjamin Omotade, said this during the passing out of the 2017 Batch A, Stream 1 corps members in Asaba on Thursday.

    Omotade said that 16 would have their service year extended for between two weeks and four months.

    He said that they corps were found wanting and had been reprimanded in accordance with the bye-laws of the NYSC.

    He, however, said that three corps members who distinguished themselves in their primary places of assignment during the service year had been selected for recognition and awards.

    He said that two who belonged to Stream 1 would receive the Chairman’s Award while one would be conferred with the state Honours Award during the 2017 Batch A Stream 11 passing out.

    He said that the recognition and awards were also in line with the policy of the scheme.

    He advised the corps members to go home and reunite with their families after a meritorious service to the nation.

    Also, Gov. Ifeanyi Okowa of Delta admonished the corps members not to be deterred by security challenges and unemployment.

    Okowa was represented by the Commissioner for Youth Development, Mr Oghenejaro Ilolo.

    The governor said that their participation and experience in the scheme were to equip them with the necessary skills and strategies for survival as adults in a competitive world.

  • RMAFC: SERAP seeks voluntary return of ‘illegal running costs, allowances’ by NASS

    Socio-Economic Rights and Accountability Project (SERAP) has urged President of the Senate Dr Bukola Saraki and Speaker of the House of Representatives Mr Yakubu Dogara to “persuade their members to voluntarily return running costs and other allowances so far collected, and now declared as illegal by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC), and to use any returned funds to establish a trust fund to improve investment in education and health.”

    The RMAFC yesterday declared as illegal the N13.5 million each senator reportedly collects monthly as running cost. Each member of the House of Representatives also reportedly collects N10 million monthly as running cost. According to the commission, the payment is not covered by the Certain Political, Public and Judicial Office Holders (Salaries and Allowances) (Amendments) Act 2008 governing emoluments of political office holders in the country.

    Reacting, SERAP in a statement by its deputy director Timothy Adewale said: “Under the Nigerian Constitution 1999 (as amended), the National Assembly cannot use its appropriation power for personal gain of lawmakers. The revelation that the National Assembly unilaterally increased their own allowances and running costs without any regard to due process of law constitutes a flagrant abuse of governmental powers for personal gain.”

    According to the organization, “The National Assembly would never be able to check abuses of power by the executive or perform important oversight functions if the lawmakers are looking after themselves rather than standing up for the citizens.”

    The statement read in part: “A trust fund can supply health aid, educational support, economic empowerment, dignity and overall improved social welfare of the most vulnerable and disadvantaged sectors of the population. This proposed trust fund can serve as one of the strategies for addressing the escalating crisis in our educational and health sectors, something which Bill Gates has discussed with the Nigerian authorities.”

    “Legislative powers are a means; the end is the liberty and prosperity of the citizens. The leadership of the National Assembly should, therefore, ensure that our lawmakers are more sensitive to the needs of Nigerians in the exercise of their legislative powers and that the powers are used to improve opportunities for the citizens, and access to quality education and adequate health for all Nigerians regardless of socio-economic status.”

    “To check against corruption, the leadership of the National Assembly should also urgently put in place a system of publishing an account of receipts and expenditures of members including on constituency projects, running costs and other allowances. Nigerians who pay the lawmakers ought to know in what manner the funds for the operation of the National Assembly are expended.”

    “Saraki and Dogara should take immediate steps to ensure the recovery and voluntary return of the ‘dirty money’, if they are to ensure that the Constitution’s integrity is not undermined by the evasion of political and legal accountability by the National Assembly. The trust funds would contribute to the efforts to improve investment in education and health for the greatest happiness of the greatest number.”

    “Without accountability of our lawmakers, the country’s democratic project cannot function according to its constitutional design. By limiting the potential for the abuse of governmental power, the Nigerian Constitution protects individual liberty and requires all branches of government including the National Assembly to strive to improve their welfare and economic and social development and opportunities.”

    “The Framers of the Constitution deemed this information essential if Nigerians are to exercise any control over their representatives and meet their growing responsibilities as citizens. Publication of statement of accounts of public expenditures would enhance the responsibility of the National Assembly by informing the public about the purposes and authority for certain expenditures.”

    It would be recalled that RMAFC said only the National Assembly Service Commission could explain how the senators came to be paid such an unapproved allowance. The commission’s clarification was contained in a statement by its spokesman, Mr. Ibrahim Mohammed.

  • #DapchiGirls: Prioritise medical needs of released girls, SERAP tells FG

    Socio-Economic Rights and Accountability Project (SERAP) has urged the Government of President Muhammadu Buhari to “prioritise the well-being of the released Dapchi girls by immediately providing them with adequate medical and mental health services. These include post-rape care and psychosocial support for those who have survived abduction by the Boko Haram terrorist group.”

    The organization also “urges the authorities to urgently establish a judicial commission of inquiry to conduct a thorough, impartial and effective investigation into allegations of complicity against some members of the military and security forces in the abduction of the girls. Such commission should be completely independent, and have the mandate to find out exactly what transpired, and identify suspected perpetrators.”

    The organization, “The report and findings of the commission should be made public, and handed over to a judicial authority to pursue possible prosecutions. This is the surest way to end the constant abductions of our girls.”

    The Nigerian government today announced the release of 101 Dapchi girls from the captivity by Boko Haram.

    In a statement by SERAP deputy director Timothy Adewale the organization said, “We welcome the news that many of the girls have now been released. But these girls should not have been abducted in the first place. It’s now absolutely important for Buhari to implement plans to make schools safer for students in the northeast of the country, if his government is to put a stop to constant abductions of Nigerian girls.”

    “Never again should Nigerian girls be abducted from their schools. The fact remains that the authorities have failed dismally to protect the girls and Nigerians deserve some answers as to what the government is doing to identify those responsible and bring them to justice.”

    “When girls leave school, their futures can be irreparably harmed. Protecting our schools against any attacks would align Nigeria with the growing global consensus that schools must be safe places, even during armed conflict. Constant attacks on our schools would undermine the government’s commitment to get more children, especially girls, into school – free from discrimination, in a safe environment where they can learn, grow, and thrive.”

    “Attacks on schools not only have impact on the lives of the girls and communities who are directly concerned, they also send a signal to parents and guardians that schools are not safe places for girls. Providing a safe school environment is crucial to making girls remain in school.”

    “Education is a powerful tool to ensure that women are aware of their rights and know how to claim them. It gives women more negotiating power in all aspects of their life. It can protect women from harmful practices and other forms of violence. Education is also crucial for women’s participation in economic, social and political life and necessary to break the cycle of discrimination and exclusion.”

     

  • Contaminated water: FG agrees to publish details of spending, locations of projects – SERAP

    Following a Freedom of Information request by Socio-Economic Rights and Accountability Project (SERAP), the Federal Government has agreed to publish details of spending and locations of projects on water and sanitation for periods covering 2010—2016, as well as details of allocations to the 36 states of the federation.

    SERAP had last week asked Engr. Suleiman Adamu, Minister of Water Resources to “explain why Nigeria’s water and sanitation infrastructure have continued to deteriorate and millions of Nigerians have to resort to drinking water from contaminated sources with deadly health consequences, despite the authorities claiming to have spent trillions of naira of budgetary allocations on the sector since the return of democracy in 1999.”

    Responding, Mr Adamu in a letter with reference number FMWR/LU/S/374/I, and dated 12th March 2018 said, “The Federal Ministry of Water Resources will work hard to provide SERAP with the details of spending, and the information requested as they relate specifically to Water and Sanitation projects from 2010 to 2016.”

    Mr Adamu also said, “The Federal Ministry of Water Resources was demerged from the Federal Ministry of Agriculture and Rural Development in 2010. A copy of your letter will be forwarded to the Federal Ministry of Agriculture and Rural Development for action on the other years before 2010.”

    The letter signed on behalf of Mr Adamu by P.C. Mbam, Acting Director (Legal) of the Federal Ministry of Water Resources also stated that, “For emphasis sake, we advise that SERAP should send a separate request directly to the Federal Ministry of Agriculture and Rural Development for the period (1999-2010) outside the purview of the Federal Ministry of Water Resources’ projects. Please accept the assurances of the Honourable Minister’s warmest regards.”

    Reacting to the development, SERAP deputy director Timothy Adewale said in a statement today, “We welcome the firm commitment by Mr Adamu to explain to Nigerians what exactly have happened to trillions of naira budgeted for water and sanitation across the country between 2010–2016. Mr Adamu’s commitment is refreshing, especially coming at a time many public institutions and ministries such as the Nigerian National Petroleum Corporation (NNPC) are rejecting public requests for information and making information on the spending our commonwealth harder to access.”

    SERAP’s reaction read in part: “While the NNPC has been a vocal opponent of the Freedom of Information Act, Mr Adamu can become the public number one advocate and defender of the law if he makes good his commitment to publish the information requested without delay. We hope the NNPC and other ministries, agencies and departments can take a cue from the speed with which Mr Adamu responded to SERAP’s request, and his expressed willingness to embrace both the letter and spirit of the FOI Act, in terms of transparency and accountability.”

    “We hope that Mr Adamu will act promptly as promised but we will keep our legal options open should he renege on his commitment.”

    “When the information is finally released as promised, it will be an important step towards reversing a culture of secrecy and corruption that has meant that high-ranking government officials continue to look after themselves at the expense of the well-being of majority of Nigerians, and development of the country.”

    “We also appreciate Mr Adamu’s clarifications on the role of the Federal Ministry of Agriculture and Rural Development and will be sending the Minister Audu Ogbeh an FOI request very shortly to seek explanations from him on how public funds meant for water and sanitation were spent for the periods 1999–2010.”

    It would be recalled that SERAP in a letter to Mr Adamu dated 2nd March 2018 claimed that, “Many toilets in public offices are out of order because of lack of water while millions of Nigerians remain desperate for water in their homes, often resorting to contaminated sources and drilling their own boreholes that can become easily mixed with sewage, with negative environmental impacts, and devastating for people’s health.”

    SERAP’s letter read in part: “We are concerned that millions of Nigerians do not have access to clean and potable water and adequate sanitation. There is no water to show for the huge budgetary allocations and purported spending and investment in the sector since the return of democracy in 1999. Successive governments have failed to improve affordability of water for millions of low-income Nigerians, thereby denying them access to water.”

    “Contractors handling water projects are reportedly engaging in schemes like the deliberate use of substandard pipes, among others, to make profit, leading to loss of water. This dearth of water also affects sanitation. The large number of broken down water facilities across the country has hindered effective water supply to the citizens.”

    “We urge you to use your leadership position to provide within 14 days of the receipt and/or publication of this letter detailed information on the spending on specific water and sanitation projects and their locations carried out by the Ministry of Water Resources and Rural Development for the following years: 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016 (1999-2016); as well as details of allocations to the 36 states of the federation.”

    “Should Engr. Adamu fail to provide the information within 14 days, SERAP would take all appropriate legal actions to compel the government to act on this matter.”

    “Millions of Nigerians (mostly children) lie sick, bodies ravaged by cholera, typhoid fever, dysentery among other diseases. An estimated 194,000 Nigerian children under the age of 5 die annually from these preventable diseases. There is almost no state and/or local government in Nigeria without abandoned water projects or one whose construction has gone on forever, creating a veritable opening for fraud and assuring the continued suffering of many.”

    “Nigeria has received donations running into several billions of dollars from the African Development Bank, the European Union, UNICEF, USAID, World Bank among others to implement water projects without any feasible improvement on access to water. The African Development Bank has invested over $905million in the sector since 1971. Nigeria is currently investing over N85billion in the water sector, yet millions of Nigerians do not have access to portable water, and have resorted to drilling of boreholes, with negative environmental impacts.”

  • SERAP to FG: Explain why Nigerians still drink contaminated water despite budgetary allocations

    Socio-Economic Rights and Accountability Project (SERAP) has requested Engr. Suleiman Adamu, Minister of Water Resources and Rural Development to “explain why Nigeria’s water and sanitation infrastructure has continued to deteriorate and millions of Nigerians have to resort to drinking water from contaminated sources with deadly health consequences, despite the authorities claiming to have spent trillions of naira of budgetary allocations on the sector since the return of democracy in 1999.”

    The organization said, “Many toilets in public offices are out of order because of lack of water while millions of Nigerians remain desperate for water in their homes, often resorting to contaminated sources and drilling their own boreholes that can become easily mixed with sewage, with negative environmental impacts, and devastating for people’s health.”

    The organization therefore requested Engr. Adamu to “use his leadership position to provide within 14 days of the receipt and/or publication of this letter detailed information on the spending on specific water and sanitation projects and their locations carried out by the Ministry of Water Resources and Rural Development for the following years: 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016 (1999-2016); as well as details of allocations to the 36 states of the federation.”

    The organization said, “Should Engr. Adamu fail to provide the information within 14 days, SERAP would take all appropriate legal actions to compel the government to act on this matter.”

    In an open letter dated 2nd March 2018, and signed by SERAP deputy director Timothy Adewale, the organization expressed “serious concernthat millions of Nigerians do not have access to clean and potable water and adequate sanitation. There is no water to show for the huge budgetary allocations and purported spending and investment in the sector since the return of democracy in 1999. Successive governments have failed to improve affordability of water for millions of low-income Nigerians, thereby denying them access to water.”

    The letter read in part: “Contractors handling water projects are reportedly engaging in schemes like the deliberate use of substandard pipes, among others, to make profit, leading to loss of water. This dearth of water also affects sanitation. The large number of broken down water facilities across the country has hindered effective water supply to the citizens.”

    “Millions of Nigerians (mostly children) lie sick, bodies ravaged by cholera, typhoid fever, dysentry among other diseases. An estimated 194,000 Nigerian children under the age of 5 die annually from these preventable diseases. There is almost no state and/or local government in Nigeria without abandoned water projects or one whose construction has gone on forever, creating a veritable opening for fraud and assuring the continued suffering of many.”

    “The Federal Ministry of Water Resources is responsible for large water resources development projects and water allocation between states. The right to water is a human right, which places certain responsibilities upon the government including your Ministry to ensure that people can enjoy sufficient, safe, accessible and affordable water, without discrimination.”

    “Nigeria has received donations running into several billions of dollars from the African Development Bank, the European Union, UNICEF, USAID, World Bank among others to implement water projects without any feasible improvement on access to water. The African Development Bank has invested over $905million in the sector since 1971. Nigeria is currently investing over N85billion in the water sector, yet millions of Nigerians do not have access to portable water, and have resorted to drilling of boreholes, with negative environmental impacts.”

    “SERAP is seriously concerned that alleged stealing or mismanagement of these large sums may be responsible for the lack of access of millions of Nigerians to clean and portable water, with its attendant consequences. Due to inadequate maintenance of water facilities, Nigerians have contacted various water-borne diseases like typhoid fever, cholera, diarrhoea, hookworm, infection and Hepatitis A; some others have died because of these diseases.”

    “The disclosure of the information requested will provide SERAP and the public with clarity on how funds allocated to the Ministry have been spent on specific projects, with details of locations of water and sanitation projects across the country; the possible challenges the Ministry might be facing and engender robust conversations on possible solutions to better the conditions of Nigerians and improve access to clean and portable water, especially for those living in extreme poverty.”

    “Considering the impacts of water on other sectors of the economy and its impact on the realisation of other human rights, the judiciousspending of the money approved to the water sector will go a long way to preserve the nations underground and surface water sources and prevent the environmental disaster that may result from concurrent drilling of boreholes by several Nigerians, due to lack of access to clean and portable water.”

    “SERAP believes that as a matter of public interest, the citizenry is entitled to know how its wealth is being used, managed and administered in a democratic setting, as this affects the commonwealth of the society. SERAP firmly believes that the request falls within the Nigerian citizens’ right to know as guaranteed under the Nigerian Constitution of 1999 (as amended), the African Charter on Human and Peoples’ Rights to which Nigeria is a state party, and the Freedom of Information Act, 2011.”

    “By virtue of 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 details of the expenditure and budgetary spendings of the Ministry of Water Resources and Rural Development for the preceeding years: 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016 (1999-2016).”

    “Also, by virtue of 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 welfare, public peace and concern, interest of human rights, social justice, good governance, transparency and accountability.”

     

  • Make clear commitment to abolish double pay, pensions laws – SERAP tells Yari

    Make clear commitment to abolish double pay, pensions laws – SERAP tells Yari

    Socio-Economic Rights and Accountability Project (SERAP) has urged “the Chairman, Nigeria Governors’ Forum and Zamfara State Governor, Abdulaziz Yari to emulate the example of Senate President Bukola Saraki and make a clear public commitment that the Governors’ Forum and all governors will take immediate steps to abolish double emoluments laws for former governors and deputies in their states.”

    Saraki yesterday disclosed how he inspired the passing of the bill by the Kwara State House of Assembly to suspend payment of pensions to former governors and their deputies when they hold a public office and called on other state assemblies to take a cue from Kwara and pass similar laws in their states.

    This followed SERAP’s request to Saraki on Tuesday urging him to “use his leadership position to sponsor a resolution in the Senate that would call on other states to abolish payment of double emoluments to ex-governors and their deputies.”

    SERAP in a statement today by its deputy director Timothy Adewale said, “Governor Yari should show leadership by example by starting the campaign within the Governors’ Forum to abolish double emoluments laws from his own Zamfara State, which has passed laws allowing former governors to receive pension for life; two personal staff; two vehicles replaceable every four years; two drivers, free medical for the former governors and deputies and their immediate families in Nigeria or abroad; a 4-bedroom house in Zamfara and an office; free telephone and 30 days paid vacation outside Nigeria.”

    According to the organization, “Following the positive engagement and intervention by the Senate President on the matter, it is now indefensible for the Governors’ Forum to remain indifferent to the issue of double emoluments for ex-governors and their deputies. We urge Governor Yari to speak out strongly against double pensions laws and encourage his colleagues to urgently take measures to abolish such laws in their states for the sake of millions of Nigerians who deserve good governance and sustainable development.”

    The statement read in part: “By providing the necessary leadership on the matter, Governor Yari will be sending a powerful message to his colleagues that public function is meant to be exercised in the public interest. Such public commitment and action to abolish double emoluments laws would also be entirely consistent with article 19 of the UN Convention against Corruption to which Nigeria is a state party.”

    “Given the strong influence of senators on their states, we also urge the Senate President to now build on his public statement to state assemblies by immediately taking steps to sponsor a resolution at the Senate on the matter.”

    “The abolition of such laws is a necessary first step towards delivering on the constitutional promise of equal protection and equal benefit of the law for a distressingly large number of Nigerians. Otherwise, public officials will remain seriously out of touch with a major source of poverty and discrimination in the country.”

    It would be recalled that the Federal High Court in Lagos in January ruled that SERAP “has sufficient interest to bring its suit to stop former governors and now serving senators and ministers from receiving double pay and life pensions, and to seek recovery of over N40bn of public funds unduly received by these public officers.”

    Justice Oluremi Oguntoyinbo stated this while granting leave in the suit number FHC/L/CS/1497/17 filed last year by SERAP to compel the Attorney-General of the Federation and Minister of Justice Mr. Abubakar Malami, SAN to “challenge the legality of states’ laws that allow former governors who are now senators and ministers to enjoy governors’ emoluments while drawing normal salaries and allowances in their new political offices and to identify those involved and seek full recovery of public funds from them.”

    It would also be recalled that following SERAP’s letter to Mr Malami, Senate President Dr Bukola Saraki last year told the News Agency of Nigeria (NAN) Forum in Abuja that he wrote a letter to the state government to stop the payment of the pension “the moment I saw that SERAP allegation.” He said, “No, I’m not collecting pension; the moment I saw that allegation, I wrote to my state to stop my pension.”

    So far, Dr. Kayode Fayemi Minister of Mines and Steel Development and his counterparts in the Ministry of Labour and Employment, Senator Chris Ngige, and Minister of Power, Works and Housing Babatunde Fashola have denied ever receiving double payments and retirement benefits as former governors in addition to other roles in public office.

    SERAP’s letter to Malami read in part: “According to our information, those who reportedly receive double emoluments and large severance benefits from their states include: Rabiu Musa Kwankwaso (Kano); Kabiru Gaya (Kano); Godswill Akpabio (Akwa Ibom); Theodore Orji (Abia); Abdullahi Adamu (Nasarawa); Sam Egwu (Ebonyi); Shaaba Lafiagi (Kwara); Joshua Dariye (Plateau), and Jonah Jang (Plateau). Others include: Ahmed Sani Yarima (Zamfara); Danjuma Goje (Gombe); Bukar Abba Ibrahim (Yobe); Adamu Aliero (Kebbi); George Akume (Benue); and Rotimi Amaechi (Rivers).”

    “Under the Lagos Pension Law a former governor will enjoy the following benefits for life: Two houses, one in Lagos and another in Abuja estimated to cost between N500m and N700m. Others are six brand new cars every three years; furniture allowance of 300 percent of annual salary every two years, and a close to N2.5m as pension (about N30m pension annually); free medicals including for his immediate families; 10 percent house maintenance; 30 percent car maintenance; 10 percent entertainment; 20 percent utility; and several domestic staff.”

    “In Rivers, state law provides 100 percent of annual basic salaries for ex-governor and deputy, one residential house for former governor anywhere of his choice in Nigeria; one residential house anywhere in Rivers for the deputy, three cars for the ex-governor every four years; two cars for the deputy every four years; 300 percent of annual basic salary every four years for furniture; 10 percent of annual basic salary for house maintenance.”

    “In Akwa Ibom, state law provides for N200m annual pay to ex governors, deputies; pension for life; a new official car and utility-vehicle every four years; one personal aide and provision of adequate security; a cook, chauffeurs and security guards for the governor at a sum not exceeding N5m per month and N2.5m for the deputy governor; free medical services for governor and spouse totaling N100m for the governor per annum and N50m for the deputy governor; a five-bedroom mansion in Abuja and Akwa Ibom; and allowance of 300 percent of annual basic salary for the deputy governor; 300 percent of annual basic salary every four years and severance gratuity.”

    “Similarly, the Kano State Pension Rights of Governor and Deputy Governor Law 2007 provides for 100 percent of annual basic salaries for former governor and deputy; furnished and equipped office; a 6-bedroom house; well-furnished 4-bedroom for deputy, plus an office; free medical treatment along with immediate families within and outside Nigeria where necessary; two drivers; and a provision for a 30- day vacation within and outside Nigeria.”

    “In Gombe State, there is N300 million executive pension benefits for the ex-governors. In Kwara State, the 2010 law gives a former governor two cars and a security car replaceable every three years; a well-furnished 5-bedroom duplex; 300 per cent of his salary as furniture allowance; five personal staff; three State Security Services; free medical care for the governor and the deputy; 30 percent of salary for car maintenance; 20 per cent for utility; 10 percent for entertainment; 10 per cent for house maintenance.”

    “In Sokoto State, former governors and deputy governors are to receive N200m and N180m respectively being monetization for other entitlements which include domestic aides, residence and vehicles that could be renewed after every four years.”

  • Corruption index: SERAP backs TI, urges Buhari to take ranking as a ‘wake-up call’

    Socio-Economic Rights and Accountability Project (SERAP) has urged “the government of President Muhammadu Buhari to see the Transparency International’s Corruption Perception Index (CPI), published last week, as a wake-up call to renew its oft-expressed commitment and raise its game to fight both grand and petty corruption, as well as end the legacy of impunity rather than simply dismissing the survey as ‘fiction’.”

    According to Transparency International’s report, the perception of corruption has worsened under President Muhammadu Buhari. The report showed that the perception of corruption in Nigeria worsened between 2016 and 2017. But the presidency has criticised the global watchdog, saying that TI was publishing fiction.

    Reacting, SERAP in a statement today by its deputy director Timothy Adewale said, “While TI’s index only measures perceptions of corruption, their findings correspond substantially with the reality of impunity of perpetrators, as demonstrated by the low conviction rate, the authorities’ slowness to adopt and implement critical reforms, appearance of selectivity in the anti-corruption fight, apparent complicity of key officials and cover-up, as well as unaddressed alleged corruption against several state governors. The authorities should take the report seriously and use it as an opportunity to raise their game in their efforts to rid our country of corruption and underdevelopment.”

    The organization said that, “The government should make no mistake about this: Nigerians know corruption when they see it. Rather than simply criticising TI as publishing fiction or going after its board members, the government should accept the fact that its oft-expressed commitment to fight corruption has not gone to plan.”

    The statement read in part: “The CPI may not be perfect, and in fact no index is. The CPI may not show actual evidence of corruption in the country, but perceptions are commonly a good indicator of the real level of corruption. In any case, the devastating effects of corruption in virtually all sectors providing essential public services are too glaring for Nigerians to ignore.”

    “While the government may have blocked some leakages in the systems and reduced the level of impunity witnessed under the previous administrations, it has not done enough to address longstanding cases of corruption, and the appearance of selectivity in the prosecution of corruption allegations especially when such cases involve those close to the seat of power. Today, corruption still constitutes one of the greatest threats to the country’s sustainable and equitable development.”

    “Almost 3 years after taking office, and promising to fight grand corruption, no ‘big fish’ suspected of corruption has yet been sent to jail. The situation has not significantly improved, and it seems unlikely that many of those facing grand corruption charges will be successfully prosecuted. Nigerians need to see real commitment and heavy investment in promoting a culture of clean government, and total obedience to the rule of law.”

    “Possessing the political will to fight corruption is not in itself enough if it’s not sufficiently demonstrated. Buhari should take the CPI to heart and initiate and actively facilitate the passing of tough anti-corruption laws, strengthening the capacity and independence of anti-corruption agencies, substantially improving the criminal justice system, obeying decisions and judgments of our courts, and ensuring the passing of the Whistle-blower Bill.”

    “Buhari can’t fight corruption successfully without significantly improving on the tools used by his predecessor former President Goodluck Jonathan. The government should as a matter of urgency implement governance reforms to advance effective functioning of government institutions, strengthen the quality of democratic institutions and rule of law, and reducing corruption, if Nigeria is ever going to improve on its global anti-corruption ranking.”

    “Public officials still use political power to enrich themselves without considering the public good. Selective application of the law is a sign that the law is not being followed strictly enough, and that the fight against corruption is not maximally prosecuted.”

    “In several states of the federation, and federal ministries, corruption is taking place every day and every hour, especially in the power sector, the education sector, the water sector, the health sector and other important public sectors. Corruption continues to directly affect the lives and well-being of millions of Nigerians across the country, and to erode public trust in public institutions and leaders, threatening the foundation of our democracy.”

    “There is uneven implementation of the rule of law and democratic processes, limited citizen participation in policy processes, and deliberate disobedience of court orders and judgments, such as the judgment of Justice Mohammed Idris of the Federal High Court obtained by SERAP, which ordered the government to publish widely how recovered stolen funds since the return of democracy in 1999 have been spent.”

    “The best measure of a country’s progress toward transparency and accountability is a total obedience to the rule of law. The law ought to command the highest levels of respect by for example, the government immediately obeying orders and judgments of competent courts. The fight against corruption won’t succeed if the government continues to selectively adhere to law or refuse to rectify any disobedience. No country in which official position and orders claim a place in people’ s minds higher than the law can truly be said to fight corruption.”

    “Democracy works only if the people have faith in those who govern, and that faith is bound to be shattered when high officials and their appointees engage in activities which arouse suspicions of malfeasance and corruption.”

    The Corruption Perceptions Index (CPI) is one of the most respected international measurement of corruption trends. It was established in 1995 as a composite indicator used to measure perceptions of corruption in the public sector in different countries around the world. The CPI draws upon many available sources which capture perceptions of corruption.