TheNewsGuru

Tag: SERAP

  • Trump told to ban corrupt Nigerian public officials from entering U.S

    Trump told to ban corrupt Nigerian public officials from entering U.S

    The American President-elect, Donald Trump and his incoming administration has been called on  “to promptly identify US-based proceeds of corruption traced to former and current Nigerian public officials and their associates and to ensure the full recovery and return of any such stolen assets to Nigeria.”

    The Socio-economic Rights and Accountability Project (SERAP) in the letter dated 18 January 2025 and signed by SERAP deputy director Kolawole Oluwadare, stated that “any return of proceeds of corruption from Nigeria must meet strict transparency and accountability standards to ensure the funds are used solely for the benefit of the Nigerian people.”

    The organisation further urged the incoming president to “direct the US Department of Justice to promptly initiate civil asset forfeiture proceedings against proceeds of corruption traced to former and current Nigerian public officials and their associates so as to fulfill several non-controversial commitments by the US to assist Nigeria in asset recovery matters.”

    SERAP also urged him “to identify and publish the names of former and current Nigerian public officials suspected to be responsible for corruption and the depositing of its proceeds in US banks, and to apply existing US presidential proclamations to temporarily ban such officials from entering the US.”

    The organisation said: “Diezani Alison-Madueke’s looted assets and other recently returned assets represent a tiny fraction of the over $500 billions that have been reportedly stolen from Nigeria and located in the US or otherwise subject to US jurisdiction.”

    SERAP said, “Our requests are brought in the public interest, and in keeping with the requirements of the UN Convention against Corruption to which both the US and Nigeria are states parties.”

    According to SERAP, “Proceeds of corruption from Nigeria continue to be deposited in US banks or in other locations subject to US jurisdictions.”

    The request followed the recently returned $52.88 million in forfeited corruption proceeds linked to former Petroleum Resources Minister Diezani Alison-Madueke.

    The letter, read in part: “We hope you and your incoming government address the legal impediments that have continued to allow corrupt Nigerian government officials to deposit and conceal their ill-gotten assets in the US and other locations subject to US jurisdiction.”

    “Returning proceeds of corruption to Nigeria is a development imperative. By returning proceeds of corruption to Nigeria, the US would be contributing to the efforts to address the growing poverty in the country and achieve the Sustainable Development Goals.”

    “The US has the obligations under the relevant provisions of the UN Convention against Corruption to trace, freeze and seize proceeds of corruption from Nigeria and located in the US or otherwise subject to US jurisdiction and to return the assets to the Nigerian people.”

    “A whole chapter of the Convention is devoted to international cooperation in the recovery and return of stolen assets including from Nigeria (chapter V, comprising 9 articles).”

    “SERAP is concerned that corruption remains a major obstacle to sustainable development, the rule of law and the effective enjoyment of socio-economic rights in Nigeria. Implementing the recommended measures would contribute to addressing these governance challenges.

    “Corrupt practices have long been accepted as a fact of life and an inalienable part of the country’s ministries, departments and agencies [MDAs] and the governmental power structures across several states.”

    “Nigeria’s auditor-general office annually documents widespread and systemic corruption in ministries, departments and agencies (MDAs) including in the petroleum, education, health and water sectors, plunging millions of Nigerians further into poverty. The auditor-general office has declared trillions of naira as missing or diverted.”

    “SERAP urges you to promptly share information with relevant Nigerian civil society organizations on stolen assets of Nigerian origin located in the US or otherwise subject to US jurisdiction, as required by Articles 46(4) and 56 of the UN Convention Against Corruption.”

    “Imposing a temporary travel ban on former and current Nigerian public officials suspected to be responsible for keeping proceeds of corruption in the US or in locations subject to US jurisdiction would not violate due process and presumption of innocence principles, as long as the reasons for the sanctions are communicated to those that may be affected.”

    “According to reports, the U.S. Government and the Federal Government of Nigeria recently announced an agreement to promptly repatriate approximately $52.88 million in forfeited corruption proceeds.”

    “These funds were forfeited to the United States as part of the Kleptocracy Asset Recovery Initiative of the U.S. Department of Justice. The forfeited assets had been illegally acquired using funds linked to money laundering and a conspiracy to bribe former Petroleum Resources Minister Diezani Alison-Madueke.”

    “In 2007, former Chairman of the Economic and Financial crimes Commission (EFCC) Mallam Nuhu Ribadu alleged that Nigerian politicians stole over $400 billion.  Former military dictator General Sani Abacha reportedly collected truck-loads of cash running into billions of naira from the Central Bank of Nigeria.”

    “According to the Stolen Asset Recovery Initiative (StAR) estimates, illicit funds associated with bribes received by public officials from developing and transition countries alone are estimated at USD 20 billion to USD 40 billion per year – a figure equivalent to 20 to 40 percent of flows of official development assistance.”

    “SERAP notes that Article 51 of the UN Convention against Corruption provides for the return of ‘corrupt’ assets to countries of origin as a fundamental principle. Article 43 provides likewise.”

    “Similarly, under Articles 47(3)(a) and (b) states parties have an obligation to return forfeited or confiscated assets in cases of public corruption, as here, or when the requesting party reasonably establishes either prior ownership or damages to the states.”

    “A resolution adopted by the Conference of States Parties to the UN Convention Against Corruption in Panama in November 2013 reaffirms this obligation, by requiring state to make ‘every effort’ to return such proceeds. to the victim state.”

  • Release details of your assets, Shettima, others should follow, SERAP advises Tinubu

    Release details of your assets, Shettima, others should follow, SERAP advises Tinubu

    The Socio-Economic Rights and Accountability Project has called on President Bola Tinubu to direct the Code of Conduct Bureau to publish his declared assets.

    SERAP also urged Tinubu to encourage Vice-President Kashim Shettima, ministers, state governors, and National Assembly leaders to follow suit.

    This was stated in a press release shared on Sunday but dated December 28, 2024, and signed by SERAP’s Deputy Director, Kolawole Oluwadare.

    The organisation commended Tinubu for his recent statement during his first Presidential Media Chat, in which he indicated that he might request the CCB to release his assets.

    “We welcome your reported decision to consider asking the CCB to publish your assets as a significant development and a signal of your intent, willingness, and commitment to show leadership on this important matter of public interest,” the letter read.

    However, SERAP urged the President to act swiftly, stating that “consideration” would carry greater weight if promptly followed by directives.

    “Your immediate action to request the CCB to publish your assets and encouraging your Vice-President, ministers, National Assembly leaders, state governors, and local government chairmen to do the same will promote public trust, transparency, and accountability,” SERAP stated.

    The organisation highlighted the damaging effects of secrecy surrounding asset declarations by public officials, describing it as a major enabler of corruption across all levels of government.

    “Secrecy in the assets declared by high-ranking public officials to the CCB continues to facilitate corruption in the country’s 36 states, the Federal Capital Territory, and within ministries, departments, agencies (MDAs), and local governments,” the letter emphasised.

    SERAP also linked transparency in asset declarations to the Supreme Court ruling on July 11, 2024, which barred state governors from taking over local government funds. The group urged Tinubu to enforce this ruling.

    “Transparency and accountability at the state and local government levels won’t materialise without your push for the immediate implementation of the Supreme Court decision,” SERAP added.

    “Despite the judgment, several state governors reportedly continue to divert local government funds.”

    The group stressed the urgency of enforcing the ruling to reduce corruption and ensure public funds earmarked for local governments are used for essential services.

    “Your expressed commitment to transparency should include holding governors accountable for contempt of court if they persist in disobeying the Supreme Court judgment,” SERAP wrote.

    The letter highlighted the broader implications of corruption, describing it as a fundamental threat to Nigeria’s democracy, eroding public trust and worsening economic hardship.

    “Corruption is one of the greatest challenges to improving Nigeria’s democracy and rebuilding a transparent, accountable, and participatory system of governance,” the organisation noted.

    “One way corrupt politicians perpetuate corruption is through hiding assets.”

    SERAP referenced various legal provisions, including the Nigerian Constitution, the Code of Conduct Bureau and Tribunal Act, the African Union Convention on Preventing and Combating Corruption, and the United Nations Convention against Corruption, which mandate asset declaration by public officials.

    “The Nigerian Constitution recognises the public’s right to access details of assets declared by public officials,” SERAP stressed, referencing paragraph 3(c) of Part 1 of the Third Schedule and paragraph 11 of the Fifth Schedule.

    The organisation expressed hope that Tinubu’s leadership would set a precedent for transparency and accountability across all levels of government.

    “We hope that these recommendations will guide your steps in asking the CCB to publish your assets and encouraging others to do the same,” SERAP stated.

  • INEC chair risks jail term over 2023 electoral offences

    INEC chair risks jail term over 2023 electoral offences

    Socio-Economic Rights and Accountability Project (SERAP) has filed a contempt lawsuit against Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC) “for failing to investigate the allegations of electoral offences committed during the 2023 general elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.”

    Justice Obiora Atuegwu Egwuatu of the Federal High Court, Abuja had on 18 July, 2024 ordered INEC “to pursue cases of bribery against state governors and their deputies, and other electoral offences committed during the 2023 general elections.”

    Justice Egwuatu also ordered “INEC to seek the appointment of independent counsel to investigate allegations of electoral offences including bribery, vote-buying, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.”

    However, INEC and Professor Yakubu have failed and/or refused to implement the judgment.

    The Federal High Court, Abuja in the notice of consequences of disobedience to order of court warned Professor Yakubu that he would be “guilty of contempt of Court and liable to be committed to prison” if he fails “to obey the judgment orders.”

    The notice, addressed to Professor Yakubu, read in part: “take notice that unless you obey the Orders contained in the Judgment of the 18th July 2024 made by Justice Egwuatu of the Federal High Court, Abuja in Suit Number: FHC/ABJ/CS/583/2023, a copy of which is hereto attached, you will be guilty of contempt of Court and will be liable to be committed to prison.”

    In a statement dated 27 October 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said, “It’s unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state based on the rule of law cannot exist or function, if INEC and its chair routinely ignore and/or fail to abide by court orders.”

    The statement, read in part: “Despite the service of the certified true copy of the judgment on INEC and Professor Yakubu, they have failed and/or refused to obey it.”

    “The recurring cases of electoral bribery and violence make a mockery of Nigeria’s electoral process and participatory democracy. The latest allegations of electoral offences in Edo state show that INEC has learnt little or nothing from the well-documented problems during the 2023 general elections.”

    “Ahead of the forthcoming governorship election in Ondo, INEC must turn the page on persistent electoral offences, end the impunity of perpetrators, and ensure citizens’ right to vote and political participation.”

    Justice Egwuatu’s judgment, reads in part: “The substance of SERAP’s grouse is the violence associated with elections in Nigeria which tends to prevent citizens from exercising their franchise during elections, thus preventing credible election and in the long run credible leaders.”

    “There is no gainsaying the fact that electoral violence and the associated crimes committed during elections in Nigeria is a great bane to the development of this Country both democratically and economically.”

    “Being citizens of this great country, SERAP and its members have the legal interest whose enjoyment or enforcement directly or substantially depends on the performance of public duty by INEC.”

    “In requesting the performance of the public duty imposed on the electoral body, SERAP has demonstrated a great zeal of patriotism.”

    “There is no doubt that the Electoral Act 2022 created some electoral offences. Sections 123, 124, 125, 126 127, 128 and 129 are some of the provisions of the Electoral Act that created some specific electoral offences.”

    “Trial of offences created by the Electoral Act are done in a Magistrate Court or a High Court of a State in which the offence is committed, or the Federal Capital Territory, Abuja. See Section 145(1) of the Electoral Act.”

    “By section 145(2) of the same Act, prosecution for the offences shall be undertaken by legal officers of INEC or any legal practitioner appointed by INEC. Clearly therefore, the law imposes on INEC the performance of a public duty.”

    “Section 24(d) and (e) of the Nigerian Constitution 1999 [as amended] recognizes the rights of citizens to take steps towards advancing the community where he resides.”

    “The section provides that ‘it shall be the duty of every citizen to-(d) make positive and useful contribution to the advancement of progress and well-being of the community where he resides; (e) render assistance to appropriate and lawful agencies in the maintenance of law and order.”

    Justice Egwuatu granted the following orders of mandamus against INEC (the Judgment Debtor):

    1. AN ORDER OF MANDAMUS is hereby made directing and compelling INEC to seek the appointment of independent counsel to investigate allegations of electoral offences including bribery, vote-buying, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.
    2. AN ORDER OF MANDAMUS is hereby made directing and compelling INEC to promptly, thoroughly and effectively investigate reports of electoral violence and other electoral offences committed during the 2023 general elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.
    3. AN ORDER OF MANDAMUS is hereby made directing and compelling INEC to swiftly, prosecute all arrested electoral offenders in the just concluded 2023 general election in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission and other law enforcement agencies.

    It would be recalled that SERAP had on 20 July 2024 requested Professor Yakubu to “use his good offices and leadership position to immediately enforce the judgment ordering INEC to pursue cases of electoral offences including bribery against state governors and their deputies during the chaotic 2023 general elections.”

    SERAP brought the contempt lawsuit against INEC and Professor Yakubu pursuant to section 72 of the Sheriff and Civil Process Act and Order IX, Rule 13 of the Judgment (Enforcement) Rules of Court.

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

  • N5.5bn lawsuit: “We’ll see in court” – SERAP tells DSS

    N5.5bn lawsuit: “We’ll see in court” – SERAP tells DSS

    The Department of State Services (DSS) has instituted a N5.5 billion defamatory suit against the Socio-Economic Rights and Accountability Project (SERAP). The Service said SERAP made false claim that its operatives invaded SERAP’s Abuja office.

    The DSS, in the suit filed in the names of two of its officials; Sarah John and Gabriel Ogundele, stated that the alleged false claim by SERAP had negatively impacted on its reputation and that of the two officials involved.

    The suit was filed on Oct. 17 by the security outfit through its team of lawyers, led by Akinlolu Kehinde, SAN, at the HIgh Court of the Federal Capital Territory (FCT).

    In the suit marked: CV/4547/2024, the DSS sued SERAP and its Deputy Director, Kolawole Oluwadare, as 1st and 2nd defendants.

    The service, in its statement of claim, averred that in line with its practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two of its officials;  to visit SERAP’s office and invite its new leadership for a familiarisation meeting.

    It said in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on Sept. 9 and met with one Ruth.

    It said Ruth, upon being informed about the purpose of the visit, claimed that none of SERAP’s  management staff was in the country and advised that a formal letter of invitation be written by the DSS.

    The DSS, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to informed her organisation’s management about the visit and volunteered a phone number – 08160537202.

    It said it was surprising that shortly after their visit, SERAP posted on its X (Twitter) handle: @SERAPNigeria, claiming that officers of the DSS are presently unlawfully occupying its office.

    “On the same day, the defendants also published a statement on SERAP’s  website, which was widely reported by several media outfits.

    SERAP alleging that some officers from the DSS, described as ‘a fall, large, dark-skinned woman’ and ‘a slim, dark skinned man,’ invaded their Abuja office and interrogated the staff of the first defendant.

    “In their statement, the defendants also urged the President of the Federal Republic of Nigeria, Bola Ahmed Tinubu, to immediately direct the DSS to end its intimidation, harassment and attack against the first defendant and the threat of arrest against its directors.

    “Due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana, SAN.

    “Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants,” it said.

    The agency added that the defendants’ statements caused harm to the claimants’ reputation because the staff and management of the DSS had formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore,
    incompetent and unprofessional.

    It also stated that the defendants’ statements caused harm to the claimants’ reputation because staff of the DSS had formed the opinion that the ridicule and criticisms received by the DSS are a result of the claimants actions.

    It added that as a result of the defendants’ false statements, the claimants are the subject of an ongoing investigation by the DSS.

    It said John and Ogundele  had been made to make statements, subjected to interrogations, faced a disciplinary panel and now suspended from the DSS pending the outcome of the ongoing investigation.

    The service therefore prayed the court for an order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle.

    The apology, the DSS said, must be published in two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television).

    “An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.

    “Interest on the sum of N5 billion at the rate of 10 per cent per annum from the date of judgment until the judgment sum is realised or liquidated.

    “An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.

    It was observed that the case, now assigned to Justice Yusuf Halilu of Court 13 of the High Court of the FCT, is yet to be scheduled for hearing.

    “We’ll see in court” – SERAP tells DSS

    Meanwhile, the Socio-Economic Rights and Accountability Project (SERAP) has rejected defamation lawsuit filed by the DSS, describing it as “baseless”.

    “We reject the baseless defamation lawsuit against us by the DSS, following the invasion of our Abuja office. We’re talking to our lawyers and will be filing our counter-claims. We’ll see in court to stop this intimidation and attack on the rights of Nigerians,” SERAP wrote via X.

  • Defamation: DSS operatives slam N5bn suit against SERAP

    Defamation: DSS operatives slam N5bn suit against SERAP

    Two operatives of the Department of State Service, DSS, have dragged the Socio-Economic Rights and Accountability Project, SERAP, before a High Court of the Federal Capital Territory, FCT, for allegedly making false allegations against them.

    Besides seeking a public apology, the security agents are demanding the sum of N5 billion as damages suffered as a result of SERAP’s alleged false publication.

    In the suit marked CV/4547/2024 and filed on October 17 by their team of lawyers led by Akinlolu Kehinde, SAN, the operatives alleged that SERAP had, in a post on its X (Twitter) handle brought them and the DSS to ridicule when they accused them of invading and interrogating some staff members at their Abuja office.

    According to Sarah John and Gabriel Ogunleye, 1st and 2nd claimants respectively, the DSS had on September 9, 2024, directed them to SERAP’s office to invite the new leadership of the organization for a familiarization meeting.

    John, in a 43 paragraph statement of claim, said while she and Ogunleye had driven to SERAP’s office in the Wuse area of the FCT and “were not followed by any other car or escorted by any other person,” SERAP, shortly after they left its office premises, posted on X, saying “officers from Nigeria’s DSS are presently unlawfully occupying SERAP’s office in Abuja, asking to see our directors. President Tinubu must immediately direct the SSS to end the harassment, intimidation and attack on the rights of Nigerians”.

    The claimants said that the tweet and subsequent statement by SERAP went viral on the social media and was widely circulated and broadcasted in major media outlets in the country thereby attracting wide condemnation from the public, including a senior lawyer, Mr Femi Falana.

    They claimed further that the condemnation of the DSS has attracted condemnation on the two claimants who had visited SERAP’s office on that September 9, on the directive of the DSS.

    “Several attempts have been made by members of the public to identify the claimants as the tall, large, dark-skinned woman and the slim, dark-skinned man,” the deponent said.

    They further claimed that SERAP’s statements caused harm to their reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation.

    “The defendants’ statements caused harm to the claimants’ reputation because staff of the DSS have formed the opinion that the ridicule and criticisms received by the DSS are a result of the claimants actions.

    “As a result of the defendants’ false statements, the claimants are the subject of an ongoing investigation by the DSS. The claimants were made to make statements, were subject to interrogations and faced a disciplinary panel.

    “The claimants have been suspended from the DSS pending the outcome of the ongoing investigation.

    “The ongoing investigation has placed a huge emotional and psychological toll on the claimants.

    “The claimants have been ostracized by their colleagues at the DSS because staff of the DSS believe that the claimants carried out an unauthorised operation that has brought disrepute to the DSS,” the deponent added.

    While submitting that the statements made by SERAP are libelous because they are false and injurious, the DSS agents therefore prayed the court for an order directing the defendants to tender an apology to them via SERAP’s website, X handle, two national newspapers and two national news television stations, for falsely accusing them of unlawfully invading the office and interrogating the staff.

    They also asked the court for an order directing SERAP to pay them the sum of N5 billion as damages for the alleged libelous statements published about them.

    Besides, the DSS operatives are demanding another N50 million as cost of the action.

  • SERAP demands for immediate reversal of the latest increase in fuel price

    SERAP demands for immediate reversal of the latest increase in fuel price

    The Socio-Economic Rights and Accountability Project (SERAP) is demanding an immediate reversal of the latest increase in the price of petrol.

    The organisation urged President Bola Tinubu “to direct the Nigerian National Petroleum Company Limited (NNPCL) to immediately reverse the second increase in petrol prices in one month, pending the hearing and determination of the suit before the Federal High Court, Abuja challenging the legality of the powers of the NNPCL to increase petrol prices.”

    The latest increase has seen NNPCL outlets in Lagos sell a litre of petrol for ₦998 from the initial price of ₦855, while in Abuja, it went to ₦1,030 from ₦897.

    In other filling stations, the price of the product goes for as much as ₦1,050 in some parts of Lagos State.

    SERAP had last month filed a lawsuit against the president and NNPCL “over the failure to reverse the apparently unlawful increase in the pump price of petrol, and to probe the allegations of corruption and mismanagement in the NNPCL.”

    In its open letter dated 12 October 2024 and signed by its deputy director Kolawole Oluwadare, SERAP said, “The latest increase in petrol prices makes a mockery of the case pending before the Federal High Court, and creates a risk that the course of justice will be seriously impeded or prejudiced in this case.”

    SERAP said “One of the fundamental principles of the rule of law is that it applies to everyone, including presidents and CEOs of public institutions.”

    According to SERAP, “It is in the public interest to keep the streams of justice clear and pure, and to maintain the authority and integrity of the court in the case.”

    The organisation also said, “Allowing the Federal High Court to hear and determine the case would be entirely consistent with the letter and spirit of the Nigerian Constitution 1999 [as amended], your oath of office and oft-repeated promises to uphold the rule of law.”

    The letter read in part: “SERAP notes that since assumption of office in May 2023 you have repeatedly promised, including in your inaugural speech, that ‘Nigeria will be impartially governed according to the Constitution and the rule of law.’”

    “Increasing petrol prices while the Federal High Court case is pending would prejudice and undermine the ability of the court to do justice in the case, damage public confidence in the court, prejudice the outcome of the case, as well as impede the course of justice.”

    “We would be grateful if the recommended measures are immediately taken following the receipt and/or publication of this letter, failing which SERAP shall consider contempt proceedings and/or other appropriate legal actions to compel your government and NNPCL to comply with our request in the public interest.”

    “If not immediately reversed, the latest increase in petrol prices would seriously undermine the integrity of the Nigerian Constitution and have serious consequences for the most vulnerable and disadvantaged Nigerians and the public interest.”

    “Protecting the right to a judicial recourse and due administration of justice is of utmost importance, being the cornerstone of an ordered society.”

    “The only way in which SERAP can have a fair and effective access to justice in this matter is to allow the court to decide, one way or the other, on the merits of the case before it.”

    “Reversing the latest increase in petrol prices would allow the court to render a decision on the central issues in the case, and protect the applicant’s rights and interests.”

    “The latest increase in petrol prices while the Federal High Court case is pending constitutes an interference with the right of SERAP to fairly and effectively pursue a judicial challenge to the decision by your government and NNPCL regarding the first increase in petrol prices.”

    “According to our information, the Nigerian National Petroleum Company (NNPC) Limited recently increased the price of premium motor spirit (PMS), also known as petrol, across its retail outlets.”

    “The retail price of petrol was increased from N897 to N1,030 per litre. This is the second increase in one month, and followed the increase in September from N600 to N855 per litre, and in some instances above N900 per litre.”

    “The two increases followed a scarcity caused by the reported refusal by suppliers to import petroleum products for the NNPCL over a $6 billion debt.”

    “According to the recently published 2020 audited report by the Auditor General of the Federation (AGF), the Nigerian National Petroleum Corporation (NNPC) failed to remit over USD$2 billion and N164 billion of oil revenues into the Federation Account. The Auditor-General fears that the money may have been diverted into private pockets.”

    “The NNPCL reportedly failed and/or refused to remit N151,121,999,966. The NNPCL without any justification deducted the money from the oil royalties assessed for 2020 by the Department of Petroleum Resources (DPR) now Nigerian Upstream Petroleum Regulatory Commission (NUPRC).”

    “The NNPCL has failed to account for the missing public funds. The Auditor-General wants the money recovered and remitted into the Federation Account.”

    “The NNPCL also failed to remit USD$19,774,488.15 collected as government revenue to the Federation Account. The Auditor-General wants the NNPCL to account for the money, recover and remit it into the Federation Account, and to hand over those suspected to be involved to the ICPC and the EFCC.”

    “The Nigerian Petroleum Development Company (NPDC) Ltd also reportedly failed to account for USD$2,021,411,877.47 and N13,313,565,786.49 of royalties collected from crude oil and gas sales and gas flare.”

    “The Auditor-General wants the public funds fully recovered and remitted into the Federation Account and for those suspected to be responsible for the missing public funds to be handed over to the ICPC and the EFCC.”

    “SERAP last month filed a lawsuit asking your government and NNPCL challenging the lawfulness of the increase in the pump price of petrol, and the failure to probe the allegations of corruption and mismanagement in the NNPCL.”

    “Joined in the suit as Respondents is the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, SAN. The suit number FHC/ABJ/CS/1361/2024 was filed at the Federal High Court, Abuja.”

    “Increasing petrol prices would compromise the interest of the Applicant in the Federal High Court case filed against your government and the NNPCL, as the second increase in one month directly touches on the central issues and the legality of the first increase, which the court is set to determine and rule upon.”

    “The core of the principle of judicial independence is the complete liberty of the judge to hear and decide the cases before them on the basis of facts and in accordance with the law, without any improper interference, direct or indirect.”

     

  • Electoral offences: SERAP asks INEC to obey court judgement

    Electoral offences: SERAP asks INEC to obey court judgement

    Socio-Economic Rights and Accountability Project (SERAP) has urged Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC) “to immediately and effectively enforce the judgment ordering INEC to pursue cases of bribery against state governors and their deputies, and other electoral offences.

    The judgment was delivered on 18 July 2024 by Hon. Justice Obiora Atuegwu Egwuatu following a mandamus lawsuit brought by SERAP.

    In the letter dated 28 September 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “It is unacceptable for INEC to take the court, which is the guardian of justice in this country, for a ride.”

    SERAP said, “The recurring cases of electoral bribery and violence make a mockery of Nigeria’s electoral process and participatory democracy.”

    The letter, read in part: “We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider pursuing contempt proceedings against you and INEC for your continuing failure to obey the court judgment.

    “SERAP is concerned that the continuing failure by INEC to obey the court judgment is contributing to electoral offences in several states, as illustrated by the recently held governorship election in Edo state and impunity for electoral offences in Nigeria.

    “Justice Egwuatu ordered INEC to seek the appointment of independent counsel to investigate allegations of electoral offences including bribery, vote-buying, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.

    “The court also ordered INEC to promptly, thoroughly and effectively investigate reports of electoral violence and other electoral offences committed during the 2023 general elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.

    “The court further ordered INEC to swiftly prosecute all arrested electoral offenders in the 2023 general election in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission and other law enforcement agencies.

    “SERAP is concerned that suspected perpetrators of grave electoral offences including in the off-cycle governorship elections in Kogi, Imo and Bayelsa states continue to enjoy impunity.

    “Obeying the judgment would prevent and combat allegations of electoral offences such as those witnessed in the recently concluded governorship election in Edo state and the seriously flawed local government elections in several states.”

    “Obeying the judgment will restore public trust and confidence in Nigeria’s electoral process. It will also ensure compliance with constitutional provisions, international standards and the Electoral Act.

    “By immediately complying with the judgment, you will show Nigerians that the electoral body is willing and able to end many years of brazen impunity for electoral offences in the country.”

    Justice Egwuatu’s judgment in lawsuit number FHC/ABJ/CS/583/2023, read in part: ‘Being citizens of this great country, SERAP and its members have the legal interest whose enjoyment or enforcement directly or substantially depends on the performance of public duty by INEC.’

    ‘In requesting the performance of the public duty imposed on the electoral body, SERAP has demonstrated a great zeal of patriotism.

    ‘The substance of SERAP’s grouse is the violence associated with elections in Nigeria which tends to prevent citizens from exercising their franchise during elections, thus preventing credible election and in the long run credible leaders.’

     

  • DSS says SERAP narrative on its investigation, inacurate, misleading

    DSS says SERAP narrative on its investigation, inacurate, misleading

    The Department of State Services (DSS) has described allegations by the Socio-Economic Rights and Accountability Project (SERAP) that its officers had taken control of its Abuja and Lagos offices, as “inaccurate and misleading”.

    The DSS, in a publication on its website on Tuesday in Abuja said a team of two unarmed operatives of the service were lawfully detailed on routine investigation to SERAP office in Abuja.

    The publication said SERAP, a Human Right Group had sadly skewed and misinterpreted the lawful assignment as unlawful, harassment and intimidation of its officials.

    The department said such official enquiries and liaison were traditional and does not in any way amount to illegality or raid.

    The service assured an indept investigation of the malicious contents and called for for citizens’ participation in national security management.

    It urged the public to disregard the false narratives by SERAP and pledged its commitment to utmost professionalism in the discharge of its core mandate.

    The human rights group had raised the alarm over an “unlawful occupation” of its offices by operatives of the DSS.

    The group had called on President Bola Tinubu to direct the DSS to end the “harassment, intimidation and attack on the rights of Nigerians.

  • SERAP accuses DSS of intimidation, calls raid a ‘brutal crackdown’

    SERAP accuses DSS of intimidation, calls raid a ‘brutal crackdown’

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to immediately direct Nigeria’s Department of State Services (DSS) to end the intimidation and harassment and attack against its organization and the threat of arrest against its directors.

    Some officers from DSS on Monday invaded SERAP’s Abuja office.

    “A tall, large, dark-skinned woman entered our office, accompanied by a slim, dark-skinned man. Other officers were sighted in two unmarked vehicles stationed outside our office. The officers who interrogated our office requested to see our directors,” SERAP said in a statement.

    The group said invasion of its office followed its call on Tinubu and his government to direct the Nigerian National Petroleum Company Limited (NNPCL) to immediately reverse the apparently illegal and unconstitutional increase in the pump price of petrol and to ensure the prompt and thorough investigation of alleged corruption and mismanagement in the NNPC.

    In a statement on Monday by SERAP’s deputy director Kolawole Oluwadare, the organisation said it condemned the invasion of its Abuja office today by Nigeria’s Department of State Services (DSS).

    “The Tinubu administration must immediately direct the DSS to end the intimidation and harassment of SERAP and our staff members,” it stated.

    Human rights lawyer and senior advocate of Nigeria, Femi Falana said: “We condemn the invasion of SERAP’s office. The Tinubu government must urgently fish out the officers who carried out the invasion of SERAP’s office in the name of the government. Anyone found to be responsible for the invasion must be prosecuted. The government must allow human rights defenders to freely carry out their work, consistent with the Nigerian Constitution.”

    SERAP’s statement, read in part: “The invasion of SERAP’s office by the DSS and the harassment and intimidation of our staff members is a brutal assault on the entire human rights community in the country.

    “The escalating crackdown on human rights, and harassment and intimidation of NGOs and human rights defenders that have shown astonishing courage in their human rights work hurt those most in need, undermine access of Nigerian victims of human rights violations and abuses to justice, and contribute to a culture of impunity of perpetrators.

    “This government has an obligation to support and protect civil society groups and human rights defenders. We are seriously concerned about the growing restrictions on civic space and the brutal crackdown on the human rights of Nigerians.

    “President Tinubu must urgently instruct appropriate authorities to promptly and thoroughly investigate the invasion of our offices and to bring to justice those involved.

    “Nigerian authorities must allow SERAP to freely carry out our mandates as recognized under the Nigerian Constitution 1999 [as amended], the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights to which Nigeria is a state party.

    “Nigerian authorities must end the harassment and intimidation attacks against SERAP and ensure the safety and security of our staff.

    “If the Tinubu government does not take all necessary measures to immediately end the intimidation and harassment of SERAP or any other civil society group for that matter, SERAP will to take appropriate legal action nationally and internationally to challenge the brutal crackdown and hold the authorities to account for their constitutional and international human rights obligations.

    “SERAP will continue to work to challenge any attempt to restrict, silence or eliminate the voices of credible civil society in the country. We urge the presidency to speak out strongly against intimidation and harassment of SERAP and our staff.

    “Under the Constitution of Nigeria 1999 (as amended) and international human rights law, everyone whose rights are violated is entitled to a right to an effective remedy. Exposing human rights violations and seeking redress for them is largely dependent on the degree of security enjoyed by civil society groups and human rights defenders.

    “While some may not like to hear some of the things SERAP has said, this in no way justifies the invasion of our office and harassment and intimidation of our staff members. The authorities should show commitment to protecting the right to freedom of expression and guarantee conditions for civil society to flourish.”

     

  • BREAKING: DSS lays siege at SERAP’s office after demanding reversal of petrol price hike

    BREAKING: DSS lays siege at SERAP’s office after demanding reversal of petrol price hike

    After the Socio-Economic Rights and Accountability Project (SERAP) gave President Bola Tinubu a 48-hour deadline to reverse the recent hike in the pump price of premium motor spirit (PMS), operatives of the Department of State Services (DSS) have laid siege at the office of the social rights organisation.

    TheNewsGuru.com (TNG) reports the DSS are laying siege at the office of SERAP in Abuja, requesting to see the Directors of the organisation.

    SERAP made this known via X (formerly Twitter), saying: “Officers from Nigeria’s State Security Service (SSS) are presently unlawfully occupying SERAP’s office in Abuja, asking to see our directors. President Tinubu must immediately direct the SSS to end the harassment, intimidation and attack on the rights of Nigerians”.

    SERAP only on Sunday gave President Tinubu 48 hours within which to reverse the recent hike in the pump price of premium motor spirit (PMS). SERAP asked the President to use his “leadership position and good offices to direct the Nigerian National Petroleum Company Limited (NNPCL) to immediately reverse the apparently illegal and unconstitutional increase in the pump price of premium motor spirit (PMS), also known as petrol, across its retail outlets”.

    In the open letter dated 7 September 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The increase in petrol price constitutes a fundamental breach of constitutional guarantees and the country’s international human rights obligations.”

    SERAP urged him to “direct the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, and appropriate anti-corruption agencies “to probe the allegations of corruption and mismanagement in the NNPC, including the spending of the reported $300 million ‘bailout funds’ collected from the Federal Government in August 2024, and the $6 billion debt it owes suppliers, despite allegedly failing to remit oil revenues to the treasury.”

    “Suspected perpetrators of alleged corruption and mismanagement in the NNPC should face prosecution as appropriate, if there is sufficient admissible evidence, and any proceeds of corruption should be fully recovered.”

    “Nigerians have for too long been denied justice and the opportunity to get to the bottom of why they continue to pay the price for corruption in the oil sector.”

    The letter read in part: “Rather than pursuing public policies to address the growing poverty and inequality in the country, and holding the NNPC to account for the alleged corruption and mismanagement in the oil sector, your government seems to be punishing the poor.

    “The increase in petrol price has rendered already impoverished citizens incapable of satisfying their minimum needs for survival. The increase is not inevitable, as it stems from the persistent failure of successive governments to address allegations of corruption and mismanagement in the oil sector and the impunity of suspected perpetrators.

    “Corruption in the oil sector and the lack of transparency and accountability in the use of public funds to support the operations of the NNPC have resulted in persistent and unlawful hike in petrol prices. Holding the NNPC to account for alleged corruption and mismanagement in the oil sector would serve legitimate public interests.

    “The increase is causing immense hardship to those less well-off. We are concerned that as the economic situation in Nigeria deteriorates, the increase in petrol price is pushing people further into poverty. We would be grateful if the recommended measures are taken within 48 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest.

    “Increasing petrol prices at a time when millions of Nigerians continue to face worsening economic conditions is entirely inconsistent with your government’s constitutional and international obligations to ensure the minimum living conditions compatible with human dignity.

    “The arbitrary increase has placed a disproportionate burden on the marginalized and most vulnerable sectors of society, particularly those disadvantaged by poverty. The increase is seriously jeopardizing their living conditions, well as individuals’ physical, emotional, and individual development, and intensifying and worsening socioeconomic conditions in the country.

    “The increase constitutes a serious human rights problem because of the intensity with which it undermines the enjoyment and exercise by Nigerians of their human rights and renders their civic participation illusory. The fundamental right to life includes not only the right of every Nigerian not to be deprived of his/her life arbitrarily, but also the right that he/she will not be prevented from having access to the conditions that guarantee a dignified existence.

    “The growing poverty and inequality in the country has continued to adversely affect the right of Nigerians to participatory democracy, and impede their ability to participate in their own government.

    “Persistent increase in petrol prices keep people in poverty which in turn perpetuates discriminatory attitudes and practices against them.

    “Your government has a legal obligation to mobilize the maximum of the country’s available resources to ensure people’s socio-economic rights and to protect the most vulnerable and disadvantaged Nigerians.

    “Your government also has the legal obligations to probe and prosecute allegations of corruption and mismanagement in the NNPC, and to ensure access to justice and effective remedies for victims of corruption.

    “Investigating and prosecuting allegations of corruption and mismanagement in the oil sector would be entirely consistent with the Nigerian Constitution, and the country’s international anti-corruption obligations.

    “Section 13 of the Nigerian Constitution 1999 [as amended] imposes clear responsibility on your government to conform to, observe and apply the provisions of Chapter 2 of the constitution. Section 15(5) imposes the responsibility on your government to ‘abolish all corrupt practices’ including in the NNPC.

    “Under Section 16(1) of the Constitution, your government has a responsibility to ‘secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.’

    “Section 16(2) further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’

    “According to our information, the Nigerian National Petroleum Company (NNPC) Limited recently increased the price of premium motor spirit (PMS), also known as petrol, across its retail outlets.

    “The price of the product increased to N855 per litre, from about N600, and in some instances above N900 per litre. The apparently unlawful increase in petrol price followed a scarcity caused by the reported refusal by suppliers to import petroleum products for the NNPCL over a $6 billion debt.

    “The NNPC reportedly failed to remit USD$2.04 billion and N164 billion of oil revenues into the public treasury, as documented in the recently published 2020 annual report by the Auditor-General of the Federation.”