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Tag: SERAP

  • Publish details of corruption in Social Investments Programme – SERAP tells Buhari

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “instruct the Minister of Justice and Attorney General of the Federation Mr Abubakar Malami SAN and Minister of Finance Ms Kemi Adeosun to urgently publish more details on the alleged fraud and stealing of some of the N1 trillion budgeted for the Social Investments Programme (SIP), including the exact amount of the $321m of the late Head of State, Gen. Sani Abacha recently returned by Switzerland, affected by the fraud.”

    The organization also urged Buhari to “instruct appropriate authorities to publish details of how his government plans to spend and monitor the spending of the $85m returned by the United Kingdom from the controversial Malabu deal involving $1.6bn, so as to remove the risks of corruption or mismanagement of the money.”

    The Special Adviser on SIP, Maryam Uwais, had last week reportedly disclosed that the Economic and Financial Crimes Commission (EFCC) was invited to probe ‘massive fraud’ and other corrupt practices like short-changing, racketeering, harassment of beneficiaries and exploitation of the vulnerable plagued the scheme in some states.

    SERAP in a statement today by its deputy director Timothy Adewale said, “While we welcome the reported disclosure of fraud and corruption in the SIP and the request to the EFCC to probe the allegations, we are concerned that sufficient details about the allegations have not been disclosed. Nigerians have the right to know more about the allegations, including the names of the states involved, and whether the recently returned $321m Abacha loot was affected by the reported fraud and corruption.”

    According to the organization, “It is important for the government to identify and remove the risks of corruption in the SIP as fast as possible and let Nigerians know the exact steps the authorities are taking to protect public funds, including the returned Abacha loot, in the implementation of the SIP. Part of this could include naming and shaming the states and contractors involved, to serve as deterrent to others and to preserve the integrity of the SIP.”

    The statement read in part: “Transparency in the spending of returned Abacha loot and Malabu funds is absolutely important to ensure that the funds are utilized for tackling poverty and inequality in the country and not mismanaged, diverted or re-stolen. The authorities should actively take steps to prevent any misuse of the repatriated funds.”

    “It is in the public interests, especially victims of corruption, and the government, to maintain good practices with regard to the spending of all assets recovered. This would also make repatriation easier and the countries where our commonwealth has been diverted would have no difficulty in disgorging the looted funds.”

    “The effectiveness of the SIP will be determined by the level of trust the citizens have in the mechanisms put in place by the authorities to prevent fraud and corruption in the implementation of the scheme. State governments and their officials should not be allowed to undermine citizens’ access to the SIP, and any states involved in fraud and corruption should be named and shamed.”

    “We also urge the government to appoint ‘integrity advisors’ as ‘early warning mechanism’ for the SIP to monitor the implementation of the scheme across the states of the federation, identify and alert on any risks of fraud and corruption, and engage in analysing such risks, as well as in corruption prevention and reporting activities in general. It is also important for the authorities to promote and encourage whistle-blower complaints in the implementation of the scheme.”

    “The authorities should take these proactive measures to combat allegations of fraud and corruption in the SIP if state officials are not to continue to profit from public funds meant to address the situation of the vulnerable groups in the society, and if the credibility and integrity of the SIP is not to be undermined.”

    Ms Uwais had reportedly said that, “A total of 7,812,201 Nigerians are direct beneficiaries of the SIP, which include home-grown school feeding programme, conditional cash transfer, N-Power; while secondary beneficiaries – mainly farmers and cooks – are about 1,500,000. The total actual spending on SIP in 2016 and 2017 is just 15.58 percent of the budget. Half a trillion naira had been budgeted for each of the two years, meaning that only N158 billion had been released and spent.”

    She also disclosed that challenges encountered so far had been “Corrupt practices in the states, like shortchanging, racketeering and harassment of beneficiaries; exploitation of the vulnerable. Some officials had siphoned money to illegal bank accounts.” The Federal Government established the National Social Investments Programmes (NSIP) in 2016, to tackle poverty and hunger across the country. The suite of programmes under the NSIP focuses on ensuring a more equitable distribution of resources to vulnerable populations, including children, youth and women.

  • How federal universities are covering up corruption, sexual harassment – SERAP

    A new report by Socio-Economic Rights and Accountability Project (SERAP) has revealed how “most allegations of corruption in federal universities such as unfair allocation of grades; contract inflation, truncation of staff’s salary on the payroll; employment of unqualified staff; Senator Dino Melaye’s certificate scandal saga; examination malpractices; sexual harassment; issuance of results for expelled student to graduate; and sales of university certificates for undeserving persons have neither been thoroughly investigated nor punished.”

    The report titled “Stealing the future”: How federal universities in Nigeria have been stripped apart by corruption says, “impunity for corruption in the university system has negatively affected the governance of federal universities and the quality of education received by the students.”

    The 58 pages report was launched today at the CITI-HEIGHT Hotels, Sheraton Opebi Link Road, Ikeja, Lagos with the support of MacArthur Foundation. The report presented to the media by Dr. Bolajoko Dixon-Ogbechi Nkemdinim, Associate Professor of Business Administration and Marketing, Faculty of Business Administration, University of Lagos discloses that

    “Most of the time lecturers miss classes and they never get punished. Getting a job in the universities is not the question of merit but of connections. Ghost workers syndrome is a problem in the universities.”

    According to the report, “There have been cases where staff have used their official status to prevent the administration of justice in their units/departments; universities sometimes recruit mediocre or totally unsuitable candidates in preference to candidates of high merit. Most of the time when non-academic staff are not at their duty posts they never get punished. People with questionable degrees/qualifications paid bribes to get into the university system. In several cases, people employed by federal universities through connection with political authorities.”

    The report which used the University of Lagos and Ahmadu Bello University, Zaria as case studies identified other cases of corruption in the university system to include: “bribery to get a position; NYSC mobilisation before graduation; facilitating fake transcripts; short-circuiting employment procedures; auctioning university assets without authorisation; politicised disciplinary action; inflated contracts, admission irregularities and racketeering, result falsification; nepotism; sexual harassment; examination question leakages, abetting examination malpractices; and deliberate poor invigilation of examinations.”

    According to Dr. Dixon-Ogbechi Nkemdinim, “The research team administered questionnaires and conducted interviews at the main campus and College of Medicine of the University of Lagos. The team also visited the Ahmadu Bello University, Zaria, where the instrument was also administered at its two campuses. The report focuses mainly on federal universities even though there are three different categories of universities in Nigeria namely, federal, state and private universities.”

    The report read in part: “The focus on federal universities is important because the Federal Government of Nigeria is the custodian of tertiary education at the national level and it directs and controls the affairs of the parastatals in charge of tertiary education system in Nigeria to a very large extent.”

    “We also found several unresolved cases of diversion of university funds for personal use; embezzlement, mismanagement, unmerited allocation of hostel accommodation, discrimination in the allocation of staff quarters; certificate/transcript racketeering; improper use of university assets; inflation of cost of contracts, award of contracts to friends or relatives; and admission racketeering by non-staff.”

    The report launch was attended by Mr Femi Falana SAN; Barrister Babatunde Ogala; Dr Olumide Ajayi Director African Leadership Forum; Mrs Jumoke Akiyode; Ms Funmi Oluyede member, National Executive Council of FIDA Nigeria; and representatives of representatives of the media; the Independent Corrupt Practices and other Related Offences Commission (ICPC); Osun State Governor Rauf Aregbesola, Dr Adeleke Ipaye. They all promised to work with SERAP to address corruption and bribery in the university system. SP Binga from the ICPC specifically promise to look into all the allegations contained in the report.

    Falana said, “In 2017, over N200bn was disbursed by TETFund to our universities. Neither ASUU nor any of the campus unions monitored the disbursement of the funds. Also, how many companies are paying 2% of its annual profit to support our university system? The bulk of the funds meant to improve the universities end up in the pocket of the contractors. 3 Vice Chancellors are currently standing trials for looting funds allocated for running the universities.”

    Falana also said, “Based on the 1992 FG-ASUU Agreement the federal government was compelled to enact the Tertiary Education Trust Fund Act. The Act has established the Tertiary Education Trust Fund (TETFUND) as an intervention agency charged with the responsibility for managing, disbursing and monitoring the education tax to public tertiary institutions in Nigeria. Pursuant to section 1 of the Act every company shall contribute education tax of 2% of its annual profit to the TETFUND.”

    “Professor Baffa, the Executive Secretary of TETFUND announced in March this year the commencement of activities to kickstart the 2017 disbursement of the whopping sum of N213 billion to the nation’s tertiary institutions. If TETFUND can disburse N213 billion in one year it is my view that if the education tax is well managed it will go a long way in addressing the crisis of underfunding of our tertiary institutions,” Falana said.

    “Just recently, it was reported that the new management of the Joint Admission Matriculation Board (JAMB) paid N5 billion to the TSA. The money was realised from the sale of admission forms to applicants seeking admission to the tertiary institutions in 2017. Meanwhile, university administrators have not accounted for the money realised from the sale of post jamb examination forms.”

    “Following the recent arraignment at the federal high court of one of the Vice Chancellors for allegedly stealing the sum of N1.4 billion, the staff and students of his university invaded the court and practically forced the trial judge to vacate his order for the remand of the accused in prison custody! Before then, the same staff and students had demonstrated for days in the office of the EFCC in a bid to prevent the filing of charges against the indicted Vice Chancellor. This is not surprising as has never taken any position in the massive looting of the commonwealth by the members of the political class who are aided by the governments and financial institutions of western countries.”

    “Having fought and won the battle for university autonomy the ASUU should ensure that the internal machinery of each university is deployed to prevent the diversion of public funds. It is high time ASUU established a committee for the purpose of monitoring the management of public funds in the universities, the collection of the 2% education tax by all registered companies in the country and the disbursement of fund to universities by TETFUND. Unless the public funds allocated to the universities are judiciously spent by the management it is morally indefensible on the part of ASUU to continue to embark on industrial action to press for adequate funding of tertiary institutions and improved working conditions of the staff,” Falana added.

    According to the report, “Other cases of corruption being covered up are: falsification of results; extortion of students; late payment of money due to staff for examination invigilation, excess workload and other allowances; and collection of bribes before signing official documents; intimidation and victimisation by superior officials; promoting preferred staff ahead of others who are equally or more qualified; and deliberately delaying the progress of Ph.D candidates because of departmental politics.”

    The report also read: “We also found cases of lecturers writing students’ research projects and extorting fees from them; students fronting for lecturers to extort from other students; stealing and misappropriation of university funds; falsification of age; diversion of funds; and ghost workers syndrome; impersonation during examinations; forgery; and diverting internally-generated revenues into personal account.”

    “Although the originally proposed sampling locations were Lagos (University of Lagos) and Abuja (University of Abuja), the University of Abuja could not be accessed because the institution was on vacation. Hence, the Ahmadu Bello University, Zaria, was used as a feasible substitute.”

    “The judgmental sampling procedure was to select the relevant universities; simple random sampling procedure was used to select the relevant departments/units at the University of Lagos while the snowball sampling procedure was used to select the relevant departments/units at the Ahmadu Bello University, Zaria. Thereafter, the convenience sampling procedure was used to select the sample subjects from the two universities.”

    “The authorities should also publish blacklists (i.e., lists showing individuals guilty of corrupt practices) by the university administration; including provisions designed to ensure the proper conservation and use of resources entrusted to staff in the performance of their jobs in the university’s condition of service; and involve the unions and other stakeholders in deciding how funds are to be used for projects in the university and developing sanctions for staff that do not report corrupt practices.”

    “Most of the findings may only be applicable to federal universities, in broadly generalised manner. Another constraint encountered was the respondents’ reluctance to fill the questionnaires because of their apprehension about consequences or their busy schedules. However, this limitation was overcome through persuasion and repeat visitations to them.”

    “Because it was not feasible to serially investigate all the institutions in the education sector in Nigeria all at once because of the enormous diversity in their geographical locations, this study focused on federal universities in Nigeria. Hence, questionnaires, personal interviews and observation techniques were used to gather data from relevant staff and students at the two selected federal universities. A sample of 1,500 respondents comprising of 900 students, 300 academic and 300 non-academic staff was taken from the two federal universities under study.”

     

  • SERAP condemns harassment of IBB’s spokesperson, Kassim Afegbua

    SERAP condemns harassment of IBB’s spokesperson, Kassim Afegbua

    Socio-Economic Rights and Accountability Project (SERAP) has “strongly condemned the intimidation and harassment by the police of Kassim Afegbua, spokesman of General Ibrahim Babangida over a statement he issued on behalf of the former military president.”

    The Inspector-General of Police, Ibrahim Idris last night declared Afegbua wanted over the statement he issued on Sunday. Idris ordered the arrest of Afegbua for “making false statements, defamation of character, and for an act capable of instigating public disturbance.”

    But SERAP in a statement today by its deputy director Timothy Adewale said, “Everyone has the right to speak out about political or other public interest issues. To do so cannot qualify as ‘making false statements’. And it’s certainly not ‘defamation of character’ let alone rising to ‘an act capable of instigating public disturbance.’ It is the essence of democracy and human rights. Declaring Afegbua wanted is unwarranted because there is no evidence of inciting violence against him.”

    According to SERAP, “Afegbua’s statement doesn’t contain incitement to violence. Declaring him wanted simply for exercising his right to freedom of expression is the hallmark of an oppressive government. The police should immediately withdraw its unlawful declaration and end the harassment of Afegbua. President Muhammadu Buhari should publicly instruct the police authorities that it’s their duty to facilitate people’s enjoyment of their freedoms, not to hinder them.”

    The statement read in part: “Afegbua’s statement is within reasonable limits, and entirely within his constitutional right to freedom of expression. The allegation that he instigated public disturbance is to say the least, bizarre. Expressing one’s opinion is at the heart of freedom of expression, not sedition. At any rate, Babangida is not known to have lodged any complaint to the police on the matter. He reportedly confirmed Afegbua’s statement. Even if Babangida had issues with Afegbua’s statement, it’s not the police’s business to take upon itself Babangida’s perceived cause of action.”

    “This government is striving to promote Nigeria as a free society and a good place to do business, but people in a country that calls itself a democracy shouldn’t be afraid to speak out about political issues. This kind of action by the police can stifle debate on matters of public interest in Nigeria and have broader chilling effect on free speech.”

    “People may hold and express strong political views. These may sound offensive, but such expressions should not be branded as criminal simply because they involve critical views about the government and authority.”

    “Indeed, the UN Human Rights Committee established pursuant to the International Covenant on Civil and Political Rights to which Nigeria is a state party has emphasized that the value placed by the Covenant upon uninhibited expression is particularly high. All public figures, including those exercising the highest political authority, are legitimately subject to criticism and political opposition. It is absolutely necessary in a free society that restrictions on public debate or discourse are not implemented at the detriment of human rights, such as freedom of expression.”

    It would be recalled that the statement which Afegbua issued on behalf of Babangida detailed the alleged failings of Buhari and called for the emergence of a younger, vibrant leader that could tackle the country’s 21st-century challenges headlong. But few hours after the first statement was released, another one reportedly signed by Babangida was made public. The statement denied the critical issues raised in the first one. However, Afegbua insisted that Babanginda authorised the statement he issued. Babangida also reportedly confirmed to THISDAY that the statement which Afegbua signed on his behalf still stands.

  • SERAP drags FG, Cameroon to African Commission over illegal return of refugees, asylum seekers

    Socio-Economic Rights and Accountability Project (SERAP) has petitioned the Chairperson of the African Commission on Human and Peoples’ Rights requesting “the urgent intervention of the Bureau of the Commission to end the ongoing human rights violations of naturalized Nigerians, refugees and asylum seekers forcibly returned to their country by the Nigerian authorities.”

    The organization urged the Chairperson and Bureau of the Commission “to urgently hold an extra-ordinary session of the African Commission to address the illegal and unfair return of 51 Cameroon refugees, asylum seekers and naturalized Nigerians, and the continuing violations of the rights of the returnees by the government of Cameroon.”

    The organization also urged the Commission to “speak out strongly and condemn the unfair treatment of the refugees, asylum seekers and naturalized Nigerians by the government of Cameroon, and request the government to immediately release them from unlawful detention.”

    The petition dated 2 February 2018 and signed by SERAP deputy director Timothy Adewale stated that, “International law is very clear on the fact that individuals, including asylum seekers, even if they have entered the country illegally, are entitled to enjoy human rights. SERAP is seriously concerned that forced return of naturalized Nigerians, refugees and asylum seekers is both legally and morally wrong, and would set a bad precedent for the rest of the sub-region.”

    The organization said that, “Naturalized Nigerians, refugees and asylum seekers came to Nigeria for protection and to escape the gross violations of fundamental human rights in Cameroon. By returning them to Cameroon, Nigerian authorities have failed to provide reasonable opportunity to them to establish their case through judicial review of the risk of persecution, torture and other human rights abuses in Cameroon.”

    The petition read in part: “The government of Cameroon is also reportedly violating the rights of returned naturalized Nigerians, refugees and asylum seekers to personal liberty, freedom of movement (including the right to leave their country), fair trials, freedom of expression and depriving them of their liberty to be treated with humanity and respect for the inherent dignity of the human person. The situation in Cameroon is characterized by widespread and massive violations of human rights and humanitarian law with growing numbers of victims lacking access to an effective remedy.”

    “Cameroon’s treatment of the returned naturalised Nigerians, refugees and asylum seekers falls with the ‘worst crimes’ of the Rome Statute of the International Criminal Court, which in article 7 defines crimes against humanity to mean acts such as deportation, imprisonment or other severe deprivation of liberty in violation of fundamental rules of international law, torture and other similar acts that are committed as part of a widespread or systematic attack directed against any civilian population.”

    “Both Nigeria and Cameroon do not have any extradition treaty. We consider the forced return of Cameroon asylum seekers from Nigeria illegal and unfair, as it failed to meet a high standard of procedural fairness and justice. Both Nigeria and Cameroon have ratified the African Charter on Human and Peoples’ Rights and United Nations Convention Relating to the Status of Refugees.”

    “According to our information, the Nigerian authorities illegally and unfairly returned naturalized Nigerians, refugees and asylum seekers on Friday, January 26, 2018. The returnees are mostly leaders of the people of Southern Cameroon and who have been living in Nigeria for several years.”

    “SERAP argues that the government of Nigeria breaches its international obligations including those requiring the government to ensure that refugees and asylum seekers are not returned to jurisdictions such as Cameroon, where they would face persecution and human rights violations, such as torture and other ill-treatment. Nigeria is also bound by the principle of non-refoulement, the obligation not to return a refugee to a country where he is at risk of persecution.”

    “Similarly, both Nigeria and Cameroon are states parties to the UN Convention against Torture which in article 3 provides that no State Party shall return, refoul or extradite a person to another State where there are grounds for believing that that person would be in danger of being subjected to torture.”

    “SERAP also notes that asylum or in other words the possibility for an individual to seek refuge is recognised in Article 14 of the Universal Declaration of Human Rights as “a fundamental human right.” The Declaration guarantees the right to life, liberty and security, to equal protection of the law and the right to seek and to enjoy in other countries asylum from persecution. As such, the Nigerian authorities should have afforded the naturalized Nigerians, refugees and asylum seekers their basic human rights including the right to a fair trial.”

    “Article 5 of the African Charter of Human and Peoples’ Rights, which prohibits torture, cruel, inhuman or degrading treatment by been interpreted by the African Commission on Human and Peoples’ Rights as including a prohibition of returning a person to a country where he or she would face torture, cruel, inhuman or degrading treatment.”


  • SERAP calls on Abia governor to restore suspended CJ

    The Socio-Economic Rights and Accountability Project (SERAP) has threatened to take appropriate legal actions to seek remedies if Justice Theresa Uzokwe is not restored as the Chief Judge of Abia.

    In a statement on Sunday in Lagos, the human rights group said that it would employ the National Judicial Council (NJC) and United Nations special procedure mechanisms to seek justice.

    It called on the state Gov. Okezie Ikpeazu to withdraw appointment of Justice Obisike Orji as the Acting Chief Judge of the state and restore Justice Theresa Uzokwe as the Chief Judge.

    In the statement signed by its Deputy Director, Mr Timothy Adewale, SERAP described Orji’s appointment as illegal.

    The Abia House of Assembly had on Jan. 26, passed a resolution suspending Uzokwe over allegations of misconduct.

    The house led by Mr Chikwendu Kalu set up an eight-man ad-hoc committee to investigate allegations.

    Kalu asked Ikpeazu to appoint an acting chief judge pending completion of the committee’s investigation.

    SERAP said that suspension of Uzokwe without the involvement of the NJC was unlawful.

    “The purported suspension of Justice Uzokwe violates Sections 292 (1)(a)(ii) and 21(d) Part 11 of the Third Schedule to the 1999 Constitution of Nigeria (as amended).

    “It amounts to a blatant attack on the integrity and independence of the judiciary.

    “No judge anywhere in Nigeria can be removed without the involvement of the NJC no matter the level of allegation of misconduct against that judge,’’ it said.

    SERAP also claimed that suspension of Uzokwe was politically motivated, and cautioned that it would set a bad precedence for other state governments.

    It added that Uzokwe’s suspension constituted a threat to the independence of the judiciary.

    “The benefits of the integrity of the judiciary should never be supplanted by the temerity and excessiveness which political powers often breed.”

    “An independent judiciary is the foundation upon which the entire structure of our constitution rests.

    “The suspension of Justice Uzokwe is a serious threat to this independence, and any impression that this principle is being improperly eroded should be directly and speedily addressed,’’ it said.

    According to SERAP, a judge is in no sense under the direction of the executive.

    “The judiciary is in a place apart, and constitutionally independent.

    “It is of supreme importance, not only that justice be done, but that litigants before the court and the public generally understand that it is being done and that the judge is beholden to no one but God, his or her conscience and the judicial oath.

    “The framers of our constitution sought to establish the judiciary’s independence and remove undue influence by both the executive and legislative branches by prescribing due process of law for removal of judges,” SERAP said.

    The rights group said that restoring Uzokwe would be consistent with the 2012 Supreme Court decision in the case of Raliat Elelu-Habeed and another versus Attorney General of the Federation and Attorney General of Kwara State.

  • Court affirms SERAP’s right to sue against double pay for ex-governors

    The Federal High Court in Lagos has ruled that the Socio-Economic Rights and Accountability Project, 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 last Friday 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, Abubakar Malami, 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.”

    In a considered ruling granting leave to apply for Judicial Relief, Ms. Oguntoyinbo held that, “SERAP cannot be considered a meddlesome interloper or busybody in seeking to stop double pay and life pensions for former governors.” He said all that mattered was for SERAP to show “sufficient interest in the application for leave to apply for an order of mandamus.”

    Extensively reviewing and relying on Order 34, Rules 1(1) a, 2, Rule 3 (1) and (2) of the Federal High Court (Civil Procedure) Rules 2009, and quoting from several Supreme Court Judgments, Ms. Oguntoyinbo insisted that, “the court shall not grant leave in mandamus application unless it considers that the applicant has sufficient interest in the matter to which the application relates.”

    While stating that she was “mindful of the fact that in an application of this nature, the judge should not delve into the substance of the main issue”, she however ruled that “having reviewed the papers filed by SERAP, the court is satisfied that the organisation has met the criteria set by the Rules of the Court, and as such does not consider SERAP a meddlesome interloper.”

    Ms. Oguntoyinbo’s ruling followed the hearing of an argument in court on exparte application by SERAP counsel, Timothy Adewale. The case is adjourned to March 22 for the hearing of arguments on the motion on notice.

    SERAP had on October 4, 2017 filed the suit at the Federal High Court in Ikoyi, praying the court to compel “the Attorney-General of the Federation and Minister of Justice Mr. Abubakar Malami, SAN to use his position as a defender of public interest to institute legal actions to stop former governors from enjoying emoluments while drawing normal salaries and allowances in their positions as senators and ministers.”

    The suit read in part: “Public function should be exercised in the public interest. Double emoluments promote private self-interest or self-dealing. By signing double emoluments laws, which they knew or ought to know that they would be beneficiaries, these former governors have abused their entrusted positions, and thereby obtained an undue advantage, contrary to article 19 of the UN Convention against Corruption to which Nigeria is a state party.”

    “Senators and ministers should not be receiving salaries and pensions running into billions of naira from states that are currently unwilling or unable to pay their workers’ salaries and pensioners’ entitlements. National and international laws implicitly forbid public officials entrusted with public resources from granting to themselves emoluments for life while serving in other public offices including as senators and ministers.

    “Taking advantage of entrusted public offices and positions to enact laws to grant double emoluments and large severance benefits to serving public officials amounts to not only an abuse of office but also incorrect, dishonourable and improper performance of public functions, as per the provisions of paragraph 2 of article 8 of the United Nations Convention Against Corruption.”

    It would be recalled that following SERAP’s letter to Mr. Malami, Senate President Bukola Saraki last year told the News Agency of Nigeria 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, Kayode Fayemi, Minister of Mines and Steel Development and his counterpart in the Ministry of Labour and Employment, 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 Mr. 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 Zamfara State, former governors 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. 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.”

    “The abolition of such laws therefore 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.”

     

  • Benue massacre: Seek justice and reparation for victims of attacks by herdsmen, SERAP tells Buhari

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to ensure that “any efforts by his government to prevent and combat attacks by herdsmen across the country is grounded in the rights of victims of unlawful killings and their families. It’s important to ensure that any policy to tackle the problem is not used as a ploy to undercut the possibilities of meaningful justice and reparation for victims and their families.”

    The National Assembly yesterday condemned the killings in Benue and other parts of the country, and called on the Federal Government to take decisive action against those behind the killings.

    In a statement today signed by SERAP deputy director Timothy Adewale the organization said, “So far attempts by the government to address the persistent attacks by herdsmen in Benue, Taraba, Adamawa states and other parts of the country has overlooked the plight of the victims and their families. But it has to be made clear that victims of attacks apparently by herdsmen are entitled to effective remedies regardless of whether they bring their claims against the government in an individual or collective capacity.”

    The organization said, “It is an imperative demand of justice that the responsibility of the perpetrators of the unlawful killings and destruction of property be clearly established and the rights of the victims and their families sustained to the fullest possible extent. Establishing a trust fund for victims of attacks by herdsmen will be an important first step towards justice for victims and their families.”

    According to the organization, “Victims’ right to an effective remedy and reparation is a legally enforceable human right and not a matter of charity. It is no coincidence that the Nigerian Constitution of 1999 (as amended) and human rights instruments such as the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights to which Nigeria is a state party refer to victims’ right to effective remedies, including access to justice, reparation and guarantee of non-repetition.”

    “As the President of the Republic and Commander-in-Chief of the Armed Forces, SERAP believes that Buhari is in a powerful position to end the unlawful killings and destruction of property apparently by herdsmen across the country if he really wants to do so. Buhari needs to speak directly to Nigerians and particularly to the countless victims and their families.”

    “Continuing refusal of Buhari to speak directly to Nigerians on the matter and visit the states such as Benue, Taraba and Adamawa, that have been most affected by these attacks by herdsmen is feeding into the propaganda that this government may be shielding suspected perpetrators from justice and, more importantly, undermines the rule of law and facilitates continuing attacks.”

    “Under international law, a victim is defined as anyone who suffers individual or collective harm (or pain) such as physical or mental injury, emotional suffering, economic loss, or generally any impairment of human rights as a result of acts or omissions that constitute gross violations of human rights, or serious violations of humanitarian law norms.”

    “A victim does not necessarily have to be the person that has suffered the harm, as a dependent or a member of the immediate family or household of the person that has directly suffered harm can indirectly be characterised as a victim.”

    “Indeed, the Basic Principles of Justice for Victims of Crime and Abuse of Power provides some guarantees for victims (including family members of direct victims), such as those that suffer ‘substantial impairment of their fundamental rights’ through acts or omissions of governments.”

  • Court grants SERAP leave to compel FG to prosecute NASS officers over ‘padding of N481bn’

    There is prospect Nigerians keen on knowing the truth about alleged padding of the 2016 budget may soon have some answers, as the Federal High Court in Lagos has granted a bid by Socio-Economic Rights and Accountability Project (SERAP) “to seek an order of Mandamus to direct and compel the Federal Government to prosecute some principal officers of the National Assembly over allegations of padding and stealing of some N481bn from the 2016 budget.”

    The decision by Justice Mohammed Idris last Friday has now cleared the way for SERAP to advance its case against the Federal Government on the publication of the reports of investigation into the allegations of budget padding and prosecution of indicted officers of the National Assembly.

    The decision also grants permission to SERAP to seek an order to compel the Federal Government to “closely monitor and scrutinize the spending of N131 billion (accrued from increased oil bench mark) allocated for additional non-constituency projects expenditure, to remove the possibility of corruption.”

    Justice Idris granted the order for leave following the hearing of an argument in court on exparte motion by SERAP counsel Mrs Joke Fekumo. The motion on notice is set for Friday 26 January 2018, for the hearing of argument on why the reports by anticorruption agencies on the investigation into the alleged budget padding should not be published and why indicted officers should not be prosecuted.

    The suit number FHC/L/CS/1821/2017 filed last year followed “credible information received by SERAP from multiple sources that the Department of State Services (DSS) and the Economic and Financial Crimes Commission (EFCC) have completed investigations into the allegations of padding of the 2016 budget, completed their reports, and indicted some principal officers of the House of Representatives and the Senate, and that the accounts of some of the principal officers containing allegedly illicit funds have been frozen, and that the case files for the prosecution of those indicted were ready.”

    The suit read in part: “Unless the principal officers indicted in the alleged padding of the 2016 budget are prosecuted and any stolen public funds recovered, the Federal Government will not be able to stop padding of future budgets. Alleged corruption in the budget process will not just melt away or simply evaporate without addressing the fundamental issue of impunity of perpetrators.”

    “Addressing alleged corruption in the budget process by pursuing prosecution of indicted principal officers of the National Assembly will provide an important opportunity for the Federal Government to reignite the fight against corruption and fulfil a cardinal campaign promise, to show that the Federal Government works on behalf of the many, and not the few, as well as jumpstart economic activities and break the back of the recession.”

    “Publishing the report of the investigation of the alleged padding of the 2016 budget, and prosecuting suspected perpetrators are absolutely important to avoid another padding, which the Federal Government can ill afford.”

    “Corruption in the budget process takes away and erodes much needed resources for public and developmental purposes. The level of secrecy surrounding the budget process in the National Assembly has invariably created a breeding place for alleged corruption. Secrecy in the National Assembly has clearly gone beyond the level permitted by law, and apparently served as the incubator for corruption, while depriving the Nigerian people of a much-needed opportunity to cleanse the National Assembly of persistent allegations of corruption.”

    “Deception in the budget process will continue unless Nigerians are granted access to inspect the budget process and other activities by the National Assembly. SERAP strongly believes that Nigerians have the right to know what their lawmakers are doing so that they are able to appraise their work and hold them to account.”

    “It is in the interest of justice to grant this application as the Federal Government has nothing to lose if the reliefs sought are granted.”

    “The allegations of crime of budget padding against the indicted principal officers of the National Assembly is a gross deprivation of the good people of Nigeria’s legitimate wealth and natural resources. We respectfully urge your Lordship to hold that the citizens of Nigeria have been deprived of their natural wealth and the indicted principal members be prosecuted by the Minister of Justice and Attorney-General of the Federation.”

  • Benue, Rivers Massacres: SERAP urges UN to convene, defend helpless Nigerians

    Socio-Economic Rights and Accountability Project (SERAP) has sent an urgent appeal to Prince Zeid Ra’ad Al Hussein, UN High Commissioner for Human Rights urging him to use his leadership position to “urgently call and/or facilitate the holding of a special session of the UN Human Rights Council to address persistent killings apparently by herdsmen in Benue State of Nigeria and other parts of the country.”

    The organization also urged Prince Al Hussein to “speak out strongly and condemn the killings apparently by herdsmen in the country, and make an official visit to Nigeria with special rapporteurs with relevant mandates to discuss the killings and concrete actions to end the killings and ultimately bring about significant improvements in the lives of farmers and their families as well as other citizens affected by violence across the country.”

    In an urgent appeal dated 6 January 2018 and signed by SERAP executive director Adetokunbo Mumuni, the organization said, “The UN Human Rights Council’s ability to successfully expose and hold perpetrators of human rights violations to account may be under threat if your office continues to ignore or pay little attention to the crimes and abuses apparently by herdsmen and other unknown perpetrators in Nigeria.”

    The organization said, “While we acknowledge that the council has made significant contributions to human rights elsewhere, we are concerned that the violence and killings in Nigeria rarely attract the attention of the UN and particularly, your office. It is time for your office to speak out strongly against the continuing killings by herdsmen in Nigeria for the sake of thousands of victims and their families who continue to lack access to an effective remedy, including truth, justice and full and effective reparation.”

    Suspected herdsmen yesterday killed at least 11 persons in a fresh attack on Tombu village in Logo Local Government Area of Benue State. This followed the alleged killing earlier in the week of at least 33 people apparently by herdsmen in the State.

    The urgent appeal read in part: “The killings in Benue State of Nigeria and the distressing situation of farmers and their families paint a stark picture of the grave abuses carried out apparently by herdsmen and the impunity that they continue to enjoy. The actions of herdsmen hinder meaningful progress towards stability, development and peace in the country.”

    “We also urge your office to facilitate the process of creating a commission of inquiry to investigate killings by herdsmen in Nigeria, and to uncover, name and shame cow owners that hire the herdsmen, as such owners may be criminally complicit in the killings. The involvement of your office will ensure solid investigations into the alleged killings, and help draw international attention to the problem, which in turn will go a long way in putting pressure on the Nigerian authorities to take concrete and meaningful steps to end the killings and bring suspected perpetrators to justice.”

    “SERAP notes that the Human Rights Council was created in 2006 to replace the failed UN Commission on Human Rights, which had largely been unwilling to address real human rights concerns in deserving countries.”

    “The council needs to be vigilant to avoid the problems that plagued its predecessor, including a loss of relevance from failing to speak out on human rights violations and abuses in deserving countries, such as Nigeria. We urge your office to seek full respect for the right to life, to personal security and dignity, to property, and other human rights of farmers and other Nigerians, consistent with the international human rights standards your office has sworn to uphold.”

    “Nigeria is a member of the Human Rights Council, and has ratified several UN human rights treaties, including the International Covenant on Civil and Political Rights; and the Convention on the Rights of the Child. Nigeria has also ratified the African Charter on Human and Peoples’ Rights, which has in fact become part of the national laws.”

    “The Human Rights Council cannot be silent when innocent citizens are caught up in violence such as the one going on in Benue State. The international community must strive to deliver justice to victims of human rights violations and abuses wherever they occur and ensure that those found to be responsible for such crimes are brought to justice.”

    “SERAP strongly believes that the holding of a special session on the violence and killings apparently by herdsmen in Benue State and elsewhere in Nigeria would contribute to a speedy end to the problem, and to peace and greater respect for human rights of farmers and their families as well as other citizens.”

    “The holding of a special session on the killings in Benue State will be consistent with the practice of the Human Rights Council regarding its previous special sessions on the Occupied Palestinian Territories; Lebanon; Darfur; Myanmar; the Democratic Republic of the Congo; the Global Food Crisis and the Global Economic and Financial Crises, among others.”


  • Dead appointees: SERAP asks Buhari to withdraw appointments

    Socio-Economic Rights and Accountability Project (SERAP), has asked President Muhammadu Buhari to withdraw the list of appointments to the boards of agencies.

    The group stated that the list was a recognizable danger to the integrity of these bodies, adding that the withdrawal of list would enable the civil service systems to carry out the appointments, in strict conformity with established rules of Nigeria.

    President Muhammadu Buhari had on Friday, announced the appointment 209 board chairmen and 1,258 members of government owned agencies and parastatals.

    The late Senator Francis Okpozo and six other dead persons were in the list.

    SERAP in a statement on Sunday by its Deputy Director, Timothy Adewale, said, “Appointing at least 8 dead people as board members would seem to suggest that the 1,467 appointments approved by Buhari were unscreened for competence, merit, equity, aptitude and conflicts of interest. Going ahead with these appointments would neither advance due process nor Buhari’s oft-expressed commitment to prevent and combat corruption. It would create a lack of trust and confidence among the general public.”

    “Taking partisan politics out of the appointments to boards of agencies and parastatals is one surest way for Buhari to show that his government is truly one of change, that would do things differently from successive governments that apparently handed out board appointments to reward party members, supporters and cronies.

    “It’s absolutely important for Buhari to ensure that the process through which board appointments are made is transparent and merit-based. A merit-appointment system would produce a better qualified board, and ultimately improve the governance architecture and access of Nigerians to essential public services. It should be the practice of this government to make board appointments on the basis of ability, and not because of political influence or connection.”

    “Taking these appointments out of the hands of a small elite group and strengthening the civil service systems and allowing them to deal with board appointments and other similar appointments in a professional, efficient and effective way would greatly decrease political influence or bias in the appointment process, and make the operations of these agencies and parastatals less dependent on partisan politics, which would in turn help improve the ability of the government to deliver effective policies and the much-needed good governance, growth and development to Nigerians.

    “Letting the civil service systems get on with board appointments would also assure basic bureaucratic ‘hygiene,’ and help to facilitate the establishment of strong boards that would be better placed to ‘deliver the goods’ to Nigerians in the democratic context. It would ultimately bring about higher effectiveness and improved government legitimacy.”

    “The president also appointed Chief Donald Ugbaja as a Member of the Consumer Protection Council (CPC). Chief Ugbaja, a former DIG of the Nigerian Police, died on November 29, 2017. Another person, Senator Francis Okpozo, was appointed as Chairman of the Nigerian Press Council. But Okpozo, a Senator in the Second Republic, died on December 16, 2016.”