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Tag: SERAP

  • #FuelScarcity: ‘Propose a bill on right to regular fuel supply,’ SERAP tells Buhari

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “take bold action in tackling the persistent fuel scarcity in the country by urgently proposing a bill to the National Assembly that would explicitly recognize access of Nigerians to regular fuel supply as a human right, with specific responsibilities on the authorities to proactively prevent and combat the problem and the associated human rights violations.”

    The organization said, “That millions of Nigerians are suffering due to fuel scarcity is a moral outrage. Preventing and ending the problem of fuel scarcity is not only a moral duty for this government but also a legal and human right obligation.”

    In a statement today by SERAP deputy director Timothy Adewale, the organisation said, “Access to regular fuel supply is logically derived from the people’s right to their natural wealth and resources. Oil shouldn’t be a ‘curse’ for Nigerians; being endowed with natural resources ought to be a synonym for wealth and development, and not extreme poverty and suffering. The recognition of the right to regular fuel supply would be a building block to initiate the chain of decisions necessary to prevent the dire effects of persistent scarcity.”

    According to the organization, “Given the persistent problem of fuel scarcity in the country, the appropriate course of action is to explicitly establish a human right to regular fuel supply and to criminalize hoarding of fuel by marketers. Recognition of the right to regular fuel supply is the best opportunity to thwart scarcity and its effects, and improve access for large portions of the country’s population.”

    The statement read in part: “The issues involved in fuel scarcity stem largely from the lack of recognition as a human right. Fuel is required for a range of different purposes to realize many human rights. In the short-term, Buhari must move swiftly to end the fuel scarcity, and end fuel price jumps by marketers, if his government is to reverse the growing unemployment and hunger for tens of millions of poor and disadvantaged Nigerians.”

    “Persistent fuel scarcity is contributing to the deprivation of Nigerians’ right to secure a livelihood, which in turn is seriously encroaching upon the quality of life they enjoy. SERAP believes that the constitutional right to life must at least ensure access to these basic survival amenities if it is to have any significance for a large percentage of our population. This constitutes an encompassing view of humanity.”

    “While the recognition of the right to regular fuel supply may not allay current suffering, it would place the issue of scarcity and human need at the forefront of national discourse. If recognized and implemented, an official statement of the right to regular fuel supply would force the government to be more proactive in preventing fuel scarcity, and making the necessary policy changes to ensure that access would not be disrupted in the future.”

    “Government would be held accountable for its action and would be responsible for adapting its policies to include the goals of repairing and maintaining our refineries and citizens’ access. Fuel scarcity will not be solved through policy decisions or legislation alone, but will also require the coordinated efforts of the entire institutions of governance and anti-corruption agencies to combat the systemic corruption and impunity of perpetrators in the oil and gas sector.”

    “SERAP is concerned that the exploitation of the country’s natural resources has historically gone against the interests and fundamental human rights of disadvantaged and marginalized Nigerians. We note the 1962 General Assembly resolution 1803 (XVII) which declares in its preamble that states’ right to dispose of their natural wealth and resources must be exercised in the interest of their national development and the well-being of their people.”

    “Under international human rights law, the government has obligations relating to the provision of services such as fuel, required for the enjoyment of human rights. Even where such services are provided with the involvement of private sector, the government is responsible for ensuring quality, affordability, and accessibility and has the duty to protect individuals against abuses committed by private service providers such as oil marketers.”

    “Successive governments since the return of democracy in 1999 have failed to ensure availability of fuel nationally, thereby rendering already impoverished citizens incapable of satisfying their minimum needs for survival. Buhari should send a strong message that his government will not tolerate a situation under successive governments, which permitted increasing wealth for some and perpetrating a growing poverty for others.”

    “According to a 200-page report by Nigeria’s House of Representatives corruption in state-run fuel subsidy scheme drained $6.8bn from the country’s treasury over a three-year period. This resulted in increased spending on oil hand-outs between 2009 and 2011. Fuel subsidies, part of a decades-old programme meant to keep fuel prices low for millions of ordinary Nigerians, jumped to 2, 587 trillion naira from 384bn in the period.”

    “The report identified the Nigerian National Petroleum Company, ranked the world’s least transparent state oil firm, as the key culprit. The firm was single-handedly responsible for almost half of the siphoned subsidy funds and was ‘found not to be accountable to anybody or authority’. Seventy-two fuel importers, some with allegedly close links to senior government officials, were also singled out. In one case, payments totalling exactly $6.4m flowed from the state treasury 128 times within 24 hours to “unknown entities”.

     

     

  • Recovered loots: Allow audit committee to cover OBJ, Yar’Adua, Jonathan’s tenures, SERAP tells Buhari

    Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to President Muhammadu Buhari “welcoming the inauguration of the Audit Committee on the Recovery and Management of Stolen Assets as a partial fulfilment of the judgment by Justice Idris,” and requesting him to use his “leadership position to strengthen and extend the mandate of the committee to cover the periods starting from the return of democracy in in 1999, as ordered by the court.”

    The audit committee established last month by Buhari is to undertake an audit of all recovery accounts established by government agencies. The committee has four weeks to submit its report.

    But in a letter dated 9 December 2017 and signed by SERAP executive director Adetokunbo Mumuni the organization urged Buhari to “strengthen the capacity of the committee, and to extend the four weeks deadline within which it is expected to submit its report to at least 6 months so that the committee can effectively document the details of information ordered by Justice M.B. Idris.”

    According to the organization, “The rule of law might prove to be fragile if its force depends upon the sum of the governmental calculations of costs and benefits made. The kind of commitment needed to nourish the rule of law is a strong political and ethical commitment to obey all judgments of courts in full, and not in part.”

    The letter read in part: “Extending the mandates of the committee to cover periods starting from the return of democracy in 1999 could have a profound effect on combating the culture of impunity that prevails wherever corrupt individuals feel that the risk of punishment is low, and that they would be allowed to keep their ill-gotten wealth.”

    “Partial implementation of the judgment by Justice Idris would continue to encourage impunity for grand corruption. And the effects of corruption on the rule of law are not only harmful, but destructive to the entire criminal justice system, as well as erode public trust in law and order. We believe that the more transparent and democratic is a society, the more resilient it would be against corruption. And the more corruption is tamed, and recovered stolen assets properly spent on developmental projects, the more Nigeria can thrive among the comity of nations.”

    “Detailed terms of reference for the committee have not yet been published. It is also unclear the periods of time covered by the committee’s mandate. These lacunas if not urgently addressed could undermine the effectiveness of the committee, and the integrity and credibility of its work.”

    “While we welcome the inauguration of the committee as a partial compliance with the judgment by Justice Idris, we urge your government to fully comply with the terms of the judgment by extending the mandate of the committee to cover the periods starting from the return of democracy in 1999, as well as accessing and collecting information on recovered assets as ordered by the court.”

    “We would again like to draw your attention to the judgment delivered in March 2016 by Justice Idris following a Freedom of Information suit no: FHC/IKJ/CS/248/2011 brought by SERAP. The judgment directed your government to provide SERAP with up to date information on recovered stolen funds since the return of civilian rule in 1999, including: Detailed information on the total amount of recovered stolen public assets that have so far been recovered by Nigeria.”

    “The details ordered by the court to be disclosed include: information on the total amount of recovered stolen public assets by each government; the amount of recovered stolen public assets spent by each government as well as the objects of such spending and the projects on which such funds were spent.”

    “The court noted that successive governments since the return of democracy in 1999 “breached the fundamental principles of transparency and accountability for failing to disclose details about the spending of recovered stolen public funds,” and ordered your government to “ensure accountability for all recovered stolen assets under the governments of former President Olusegun Obasanjo, former PresidentUmaru Musa Yar’Adua, former President Goodluck Jonathan account fully for all recovered loot.”

     

  • Refer corruption in the privatisation process to EFCC, ICPC – SERAP tells Buhari

    Socio-Economic Rights and Accountability Project, (SERAP) has sent an open letter to President Muhammadu Buhari requesting him to use his “good offices and leadership position to revisit and refer the allegations of corruption and abuse of process in the privatisation of public enterprises in Nigeria between 1999—2011 to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for further investigation, and if there is relevant and sufficient admissible evidence, for anyone suspected to be involved to face prosecution.”

    The organization urged Buhari to “reform the Bureau of Public Enterprise (BPE) to remove opportunities for corruption in privatisation process, and to instruct the EFCC and ICPC to ensure the recovery of proceeds of corruption. We request that you take the steps within 14 days of the receipt and/or publication of this letter, failing which SERAP will institute legal proceedings to compel your government to act in the public interest.”

    In the letter dated 1 December 2017 and signed by SERAP executive director Adetokunbo Mumuni the organization said: “SERAP has obtained and carefully read the full report of the Senate Ad-Hoc Committee on Investigation of the Privatisation and Commercialisation Activities of the Bureau of Public Enterprise (BPE) from 1999 to 2011, which contains damaging allegations of corruption, presidential interference, and abuse of due process in the selection of core investor, valuation of public enterprises, pricing of shares/assets, determination of workers terminal benefits, and use of proceeds of privatisation.”

    According to the organization, “Many cases of presidential directives/interference during the period under review (1999-2011) affected the process of core investor selection. The BPE was negligent and ineffective in monitoring of privatised companies. In some cases, BPE never monitored the companies for the entire lock-in period and in other cases their reports were complete opposite of what was on the ground.”

    The letter copied to Vice President Yemi Osinbajo, who is also the chair of the National Council on Privatization (NCP), read in part: “It is in the public interest that any sales of public assets will get the best value but the Senate report shows exactly the opposite. By revisiting the privatisation process and referring the allegations of corruption documented in the report to the EFCC and ICPC, your government would be demonstrating that it’s willing and able to fight impunity of perpetrators of corruption, which is responsible for legacy of grand corruption and abuse of office in the country.”

    “Specifically, the committee among others found that: A total sum of N301bn was realised as proceeds of privatisation from 1999 to 2011. N900m of that was used as loan to Nigeria Re-insurance Plc for recapitalization, in violation of section 19(2) of the Public Enterprises (Privatisation and Commercialisation) Act 1999. Folio Communications Limited pledged the assets of Daily Times Nigeria Plc to obtain loan from bank(s) and utilized the loan to pay for the share of the company.”

    “Core investor converted the premises of Volkswagen Nigeria Limited into bonded warehouses for storage of contrabands mainly rice, vegetable oils, fertilizer, but was not reported by the BPE. Former Director-General of BPE, Mrs Irene Nkechi Chigbue sought and received direct approvals of former President Olusegun Obasanjo for many privatisation transactions, in violation of Section 11 of the Public Enterprise Act and the Bureau Procedure Manual.”

    “Aluminium Smelter Compny of Nigeria (ALSCON)—BFIG Corporation of the USA was declared preferred bidder and winner with a bid of $410 million after going through the bidding process but was denied its legal right to negotiate terms, sign Share Purchase Agreement and pay 10% initial payment. However, BPE approved a Willing Seller Willing Buyer to Rusal/Dayson for $250m and cancelled BFIG Corporation $410m offer. Aluminium Smelter Company of Nigeria was grossly undervalued, having being built for $3.2bn and was privatized by BPE for $130m excluding $120m Imo River Channel Dredging cost from the purchase consideration.”

    “Michelle Nigeria Limited emerged as the preferred bidder of the Apapa Port Complex Terminal “C” but it was given to ENL Consortium Limited which already had one, in breach of Ground Rule 7, which states: “No single bidder/concessionaire would be allowed to have more than one concession in Apapa Port Complex.” BPE reversed the process instead and gave Terminal “C” to ENL Consortium Ltd without cancelling the Michelle Nigeria Limited offer, in breach of the core investor selection process.”

    “Former Director General of BPE Ms Bolanle Onagoruwa abused the approval process in the sale of 5% Federal Government’s residual shares in EPCL to Indorama Group, in contravention of the First Schedule of the Public Enterprises (Privatisation and Commercialisation) Act 1999. Indorama Group has already acquired the maximum 75% shares reserved for core investor in EPCL as provided in the First Schedule Section 1(1) no. 6 of the Act.”

    “The share purchase agreement created an escrow account into which all the monies shall be paid. However, the escrow account was not opened. The enterprise was handed over to the purchaser without payment of the purchase consideration. Former president Olusegun Obasanjo approved the addendum, in violation of the Privatisation Act and the share purchase agreement.”

    “All former Directors-General of BPE (Mallam Nasir el-Rufai-1999-2003; Dr Julius Baba-2003-2004; Mrs Irene Chigbue-2004-2009; Dr Chris Anyanwu-2009-2010; and Ms Bolanle Onagoruwa-2010-2012) established several accounts with various commercial banks, in violation of Section 19(1) of the Public Enterprises (Privatisation and Commercialisation) Act 1999.”

    “All former Directors-General used privatisation proceeds to pay transaction expenses, consultancy fees and staff terminal benefits without appropriation by the National Assembly, in violation of Section 19(2) of the Public Enterprises Act. Former Director-General of BPE Mrs Irene Chigbue used privatisation proceeds to execute capital projects (Office extension) in 2007 in violation of this provision.”

    “The process of privatisation of public enterprises was totally set aside in the concession to Global Infrastructure Holdings Limited and Global Infrastructure Nigeria Limited by the then Federal Ministry of Power and Steel Development in breach of Section 11(c) of thee Public Enterprises Act. BPE later converted the Concession Agreement to a core investor agreement, in breach of the transaction process.”

    “The N1.9bn Privatisation Proceeds loaned for recapitalisation of Nigeria Re-insurance Plc and Nicon Insurance Plc was not used for that purpose and the BPE is yet to recover the money. Contract for dredging Imo River Channel was overvalued at $120m by BPE. This would cost less than $100 today (2011). 43 enterprises of 122 privatised companies are not performing.”

    “The core investor of Transcorp Hilton Hotel agreed among others to within 3 years construct a shopping mall within the Hotel grounds; and construct short/long stay serviced apartments on the available land within the hotel premises. However, to date the core investor has failed to deliver in breach of clause 8.4 of the share purchase agreement and BPE also failed to apply sanctions as provided in clause 10.”

    “The core investor of Abuja International Hotels Limited (Nicon Luxury Hotel) agreed to invest at least additional N2bn to complete the furnishing of the hotel and provision of ancillary services to a 5-year deluxe status within 9 months. However, the core investor has failed to comply, in violation of clause 7.3 of the share purchase agreement and BPE has failed to apply sanctions as provided in clause 9. Also, the core investor of Sheraton Hotel and Towers, Abuja has failed to comply with the share purchase agreement, in violation of clause 8.6 and the BPE has failed to apply sanctions as provided in clause 9.”

    “The core investor in Nigerian Cement Company Plc (Nigercem) has woefully failed to fulfil its technical and financial obligations several years after privatisation. The core investor in Delta Steel Company agreed to invest $100.65m within 15 months but no evidence of such investment. The Delta Steel Township 1 Housing Estate is comprised of 4,500 housing units; 1,109 unauthorised plots were illegally sold/allocated by the BPE.”

    “Dr Julius Bala should be investigated by anti-graft agencies for giving approval to Folio Communication Limited for the illegal sale of assets of Daily Times Nigeria Plc. Ms Bolanle Onagoruwa showed gross incompetence in the management of the BPE and she illegally and fraudulently sold 5% Federal Government residual shares in Eleme Petrochemicals Company Limited (EPCL).”

    “Poor privatisation monitoring, skewed share purchase agreements in favour of investors in many instances and abuse of process in utilizing privatisation proceeds further marred the privatisation programme. Some of the share purchase agreements were skewed in favour of private investors against public interests. In the Nicon Insurance Plc share purchase agreement, the BPE deliberately removed the protective clause on sales of assets without BPE’s written consent within the first 5 years.”

    “Bid bonds are usually refunded to bidders after closure of bidding. In the case of crystallized bid bonds transaction expenses are deducted before refunds. BPE abused this process in the sense that National Council on Privatization (NCP) approvals for funds are kept for years without payment.” “Terminal benefits of workers of companies slated for privatisation are usually computed by management or by an appointed BPE Actuarial Consultant before payment. The processes are often abused by BPE. In NITEL, workers were forced to accept less than 5 years pension buy-out where it was agreed earlier for 5 years. BPE owed workers in Delta Steel Company (N5.2bn); and ALSCON (N2.7bn). In Federal Superphosphate Fertilizer Company the Actuarist computed and recommended full payment of N457m but BPE paid only N383m leaving a difference of N73m.”

    “Workers of National Steel Raw Materials Exploration Agency, Kaduna are owed gratuities of N150m by Nicon Insurance Plc. Workers often benefit from allotments of shares in companies undergoing privatisation on request. The reserve shares are however not granted on free carriage in compliance with provisions of the First Schedule Section 1(1) in line with Nigeria Individuals Participation as Percentage Post Privatisation. Out of the 122 privatised public enterprises only 14 enterprises had shares reserved for workers. 11,000 jobs were lost in Nitel/M-Tel; 2000 jobs were in Daily Times; and 1000 jobs were lost in ALSCON.”

     

     

  • Corruption: Handover Lawal, Oke to EFCC, ICPC – SERAP tells Buhari

    Socio-Economic Rights and Accountability Project (SERAP) has welcomed the decision by President Muhammadu Buhari to sack the suspended Secretary to Government of the Federation, Mr Babachir Lawal, and the Director-General of the National Intelligence Agency, Mr Ayodele Oke.

    The organization also called on Buhari to “urgently handover Lawal and Oke to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for further investigation, and if there is relevant and sufficient admissible evidence, for them to face prosecution.”

    In a statement today by SERAP deputy director Timothy Adewale the organization said that, “This is a positive development in the fight against grand corruption, although this decision is coming rather late. Buhari now has to go a step further by making sure that both Lawal and Oke are promptly brought to justice in fair trials.”

    The statement read in part: “Buhari also has to move swiftly to publish report of investigation into the secret reinstatement of fugitive former civil servant, Abdulrasheed Maina, and without delay identify and bring to justice anyone suspected to be involved.”

    “This government now has a real opportunity to reassure a lot of Nigerians who may be worried about the direction of travel of the president’s anti-corruption agenda that there will be no sacred cow as far as the fight against corruption is concerned.”

    “What the government needs at this time is a revolutionary approach to the fight against corruption if Buhari is to show his commitment to ‘kill’ corruption before corruption ‘kills’ Nigeria.”

    “Without effective prosecution of high-ranking public officials charged with corruption, this government’s fight against corruption may sadly turn out to be all motion and no movement, and this will eventually undermine the legitimacy of the anticorruption efforts.”

    In a brief statement today the presidency said that President Muhammadu Buhari has studied the report of the panel headed by the Vice President, Prof Yemi Osinbajo (SAN), which investigated allegations against the suspended Secretary to the Government of the Federation, Babachir Lawal, and the Director-General, National Intelligence Agency (NIA), Ayodele Oke.

    The statement noted that the president accepted the recommendation of the panel to terminate the appointment of Mr. Lawal, and has appointed Boss Mustapha as the new Secretary to the Government of the Federation.

  • SERAP wins in suit compelling Saraki, Dogara to account for N500bn ‘running cost’

    Socio-Economic Rights and Accountability Project (SERAP) has won the latest round in the legal battle to compel the Senate President Bukola Saraki and Speaker of the House of Representatives Dogara Yakubu to account for the spending of N500 billion as running cost for the legislative body between 2006 and 2016, and disclose monthly allowances of each member.

    Justice Rilwan Aikawa of the Federal High Court in Ikoyi, Lagos on Friday ruled, “I have looked at the papers filed by SERAP and I am satisfied that leave ought to be granted in this case for judicial review and an order of mandamus directing and compelling Saraki and Dogara to account for the spending of the running cost and disclose the monthly income and allowances of each Senator and member.”
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    Justice Aikawa granted the order for leave following the hearing of an argument in court on exparte motion by SERAP counsel Ms Bamisope Ibidolapo.

    The suit numbers FHC/L/CS/1711/16 and FHC/L/CS/1710/16 filed last December followed disclosure by Abdulmumin Jibrin that Nigerian Senators and House of Representatives members have pocketed N500 billion as ‘running cost’ out of the N1 trillion provided for in the National Assembly budgets between 2006 and 2016, and by former president Olusegun Obasanjo that each Senator goes home with nothing less than N15m monthly while each member receives nothing less than N10m monthly.

    The order by Justice Aikawa has now cleared the way for SERAP to advance its case against the Senate President and the Speaker of the House of Representatives.

    The motion on notice is set for Tuesday 12 December, 2017 for the hearing of argument on why Saraki and Dogara should not be compelled to publish details of the spending on the running of the National Assembly and the exact monthly income and allowances of each Senator and member.

    The suits read in part: “Obedience to the rule of law by all citizens but more particularly those who publicly took oath of office to protect and preserve the constitution is a desideratum to good governance and respect for the rule of law. In a democratic society, this is meant to be a norm; it is an apostasy for government to ignore the provisions of the law and the necessary rules made to regulate matters”.

    “The Defendants will not suffer any injury or prejudice if the information is released to the members of the public. It is in the interest of justice that the information be released. Unless the reliefs sought herein are granted, the Defendants will continue to be in breach of the Freedom of Information Act, and other statutory responsibilities.

    “Up till the time of filing this action the Defendants/Respondents have failed, neglected and/or refused to make available the information requested by SERAP. The particulars of facts of the failure, negligence and refusal are contained in the verifying affidavit in support of the application and shall be relied upon at the hearing of this application. The Defendants/Respondents have no reason whatsoever to deny SERAP access to the information sought for.

    “By virtue of Section 1(1) of the FOI Act 2011, SERAP is entitled as of right to request for or gain access to information which is in the custody or possession of any public official, agency or institution. Under the FOI, when a person makes a request for information from a public official, institution or agency, the public official, institution or agency to whom the application is under a binding legal obligation to provide the Plaintiff/Applicant with the information requested for, except as otherwise provided by the Act, within 7 days after the application is received.

    “The information requested for by SERAP relates to information about spending of N500 billion as running cost between 2006 and 2016, and the monthly income and allowances of each Senator and member. The information requested by SERAP does not come within the purview of the types of information exempted from disclosure by the provisions of the FOI Act. The information requested for, apart from not being exempted from disclosure under the FOI Act, bothers on an issue of National interest, public concern, social justice, good governance, transparency and accountability.

    “It is submitted that Section 4(a) of the FOI Act 2011 is a mandatory and absolute provision which imposes a binding legal duty or obligation on a public official, agency or institution to comply with a request for access to public information or records except where the FOI Act expressly permits an exemption or derogation from the duty to disclose. Nigerian courts have consistently held that the use of mandatory words such as “must” and “shall” in a statute is naturally prima facie imperative and admits of no discretion.”

  • SERAP to Saraki, Dogara: ‘Withdraw directives to banks to unfreeze Mrs Jonathan’s accounts’

    Socio-Economic Rights and Accountability Project (SERAP) has urged the President of the Senate Dr Bukola Saraki and Speaker of the House of Representatives Mr Yakubu Dogara to “Urgently withdraw the patently unconstitutional directives to some banks to unfreeze former First Lady Mrs Patience Jonathan’s accounts.”

    The organization said that, “the directives to banks to unfreeze Mrs Jonathan’s accounts amount to mingling of the executive and judicial powers in the National Assembly. Checks and balances should ideally help contribute to the rule of law and strengthening our democratic dispensation but if one branch of government grows too strong and overreaching the country might be in trouble.”

    In a statement signed on Sunday by SERAP deputy director Timothy Adewale the organization said that, “It’s an affront to our constitutional democracy for the National Assembly to turn itself into a tool for checkmating the country’s justice system, especially the prosecution of grand corruption. Rather than helping Mrs Jonathan’s desire to achieve justice for what she may consider to be violations of her human rights, such directives are doing exactly the opposite and politicising the criminal justice process.”

    The Senate had last week decided that Mrs Jonathan’s accounts should be unfrozen, saying that some of the accounts including with Stanbic IBTC, First Bank, Union Bank, Diamond Bank, Fidelity Bank, Ecobank and Bank Zenith Bank were frozen based on some administrative lapses. It claimed that the Economic and Financial Crimes Commission (EFCC) used the banks to close the accounts without due process of law. The House of Representatives in September gave a similar directive to the banks to free the former first lady’s blocked accounts.

    But SERAP said that, “Nigerians are concerned about their lawmakers’ thirst for power, and about the National Assembly aggrandizing its legislative powers without sufficient checks and constitutional scrutiny and validity. The National Assembly ought to focus the exercise of its legislative powers solely on making laws for the peace, order and good government of our country, addressing only matters of prime national concern, and when necessary, checking the excesses of the executive branch.”

    The statement reads in part: “The directives purportedly unfreezing the accounts of Mrs Jonathan will not give the public the confidence that the National Assembly will change its ways and embrace the rule of law.”

    “The National Assembly should not show itself as incapable and unwilling to address the concerns of Nigerians about its operations and apparent lack of transparency. These kinds of interventions by the National Assembly could portray our lawmakers in the eyes of Nigerians as forgetting what they are in Abuja to do.”

    “The Senate and House of Representatives should advise Mrs Jonathan to seek appropriate judicial remedies if she feels the criminal justice mechanisms have violated her human rights. That’s the essence of the rule of law, separation of powers and checks and balances. The supposed directives to banks have unfortunately again put the reputation of the National Assembly at stake.”

    “What Nigerians want and deserve is a balanced sharing of constitutional powers for the sake of the public good, and not ‘Imperial National Assembly’, a National Assembly that sits on its throne in Abuja and treats Nigerians as serfs in their fiefdoms.”

    “If the body that makes law also controls its execution, implementation and interpretation, it can effectively tailor the laws to help itself and its friends and hurt its perceived enemies. It can thwart the virtue of impartial general law-making by rendering it a tool for singling out.”

  • SERAP sues FG over refusal to stop ‘double-pay’ for ministers, senators

    The Socio-Economic Rights and Accountability Project, SERAP, has sued the Federal Government over its “failure to stop former governors and now serving senators and ministers from receiving double pay and life pensions, and failure to seek recovery of over N40 billion of public funds unduly received by these public officers.”

    The suit number FHC/L/CS/1497/17 filed last Friday at the Federal High Court Ikoyi followed the organisation’s request to the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, urging him 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 brought pursuant to Order 34, Rules 1 and 3 of the Federal High Court Rules 2009 and the inherent jurisdiction of the court argues that, “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.”

    The suit is seeking the following reliefs:

    An order granting leave to the Applicant to apply for Judicial Relief and to seek an order of Mandamus directing and or compelling the Respondent to urgently institute appropriate legal actions to challenge the legality of states’ laws permitting 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 the former governors.

    The organisation is also arguing that “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.”

    The suit read in part: “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.”

    “By virtue of Sections 150 and 174 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 26 (2) of the Corrupt Practices and Other Related Offences Act 2000, the Respondent as the Chief Law Officer of the country and the defender of public interest is constitutionally and statutorily empowered to institute and undertake criminal proceedings against any person in Nigeria in respect of any offence created by or under any Act of the National assembly in superior courts in Nigeria.”

    “The Federal Government has a responsibility to stop former governors from receiving double pay at the expense of workers and pensioners. This position is buttressed by article 27 of the Vienna Convention on the Laws of Treaties, which provides that no state can justify the noncompliance with an international treaty with reference to internal law, including even the constitution.”

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

    It would be recalled that following SERAP’s letter to Mr. Malami, Senate President Bukola Saraki told the News Agency of Nigeria Forum in Abuja yesterday, 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 counterparts 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: “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 replaceable every three years; furniture allowance of 300 percent of annual salary to be paid every two years, and a close to N2.5 million as pension (about N30 million 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 per cent 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 per cent of annual basic salary every four years for furniture; 10 per cent of annual basic salary for house maintenance.”

    “In Akwa Ibom, state law provides for N200 million annual pay to ex-governors, deputies; pension for life at a rate equivalent to the salary of the incumbent governor/deputy governor respectively; 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. Others are: free medical services for governor and spouse at an amount not exceeding N100 million 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 per cent 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 per cent 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 per cent 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 N200 million and N180 million 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.”

    “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).”

  • SERAP sues Nigerian govt over senators, ministers’ life pensions

    Socio-Economic Rights and Accountability Project (SERAP) has sued the Federal Government over its “failure to stop former governors and now serving senators and ministers from receiving double pay and life pensions, and failure to seek recovery of over N40bn of public funds unduly received by these public officers.”

    The suit number FHC/L/CS/1497/17 filed Friday at the Federal High Court Ikoyi, followed the organization’s request to the Attorney-General of the Federation and Minister of Justice Mr. Abubakar Malami, SAN urging him to stop former governors from enjoying emoluments while drawing normal salaries and allowances in their positions as senators and ministers.The suit brought pursuant to Order 34, Rules 1 and 3 of the Federal High Court Rules 2009 and the inherent jurisdiction of the court argue that “Public function should be exercised in the public interest. Double emoluments promote private self-interest or self-dealing.”

    The suit brought pursuant to Order 34, Rules 1 and 3 of the Federal High Court Rules 2009 and the inherent jurisdiction of the court argues that, “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.”

    The suit is seeking the following reliefs:

    AN ORDER granting leave to the Applicant to apply for Judicial Relief and to seek an order of Mandamus directing and or compelling the Respondent to urgently institute appropriate legal actions to challenge the legality of states’ laws permitting 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 the former governors.

    AND for such order or other orders as this Honourable Court may deem fit to make in the circumstance.

    The organization is also arguing that “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.”

    The suit read in part: “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.”

    “By virtue of Sections 150 and 174 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 26 (2) of the Corrupt Practices and Other Related Offences Act 2000, the Respondent as the Chief Law Officer of the country and the defender of public interest is constitutionally and statutorily empowered to institute and undertake criminal proceedings against any person in Nigeria in respect of any offence created by or under any Act of the National assembly in superior courts in Nigeria.”

    “The Federal Government has a responsibility to stop former governors from receiving double pay at the expense of workers and pensioners. This position is buttressed by article 27 of the Vienna Convention on the Laws of Treaties, which provides that no state can justify the noncompliance with an international treaty with reference to internal law, including even the constitution.”

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

  • Kachikwu’s letter on corruption in NNPC: Suspend Baru, SERAP tells Buhari

    Socio-Economic Rights and Accountability Project, (SERAP) has sent an open letter to President Muhammadu Buhari requesting him to urgently refer the allegations of corruption and abuse of office against Mr Maikanti Baru, Group Managing Director Nigerian National Petroleum Corporation (NNPC) to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for investigation, and if there is relevant and sufficient admissible evidence, for him to face prosecution.”

    The organization also urged Buhari to “suspend Mr Baru pending the referral to the EFCC and ICPC, and the outcome of any investigation by the anti-corruption agencies in order not to create the impression that your government is treating Mr Baru as a sacred cow. We urge you not to allow the allegations against Mr Baru go the way of past inconclusive investigations of allegations of massive corruption within the NNPC.”

    In the letter dated 5th October 2017 and signed by SERAP executive director Adetokunbo Mumuni the organization said that, “The allegations by Dr Kachikwu constitute grave breaches of the Corrupt Practices and Other Related Act of 2000; and the UN Convention against Corruption (UNAC) which Nigeria recently ratified. In particular, the UN Convention against Corruption imposes clear obligations on Nigeria to investigate allegations of corruption such as the present one; prosecute suspected perpetrators and ensure return and repatriation of proceeds of corruption.”

    The letter reads in part: “SERAP is concerned that years of systemic corruption within the NNPC and looting of Nigeria’s natural resources have had uneven consequences against the vulnerable groups of the society, including the poor, women and children, perpetrating and institutionalizing discrimination, and jeopardizing the needs and well-being of future generations. If left unaddressed, the allegations by Dr Kachikwu have the potential of undermining your government’s expressed commitment to returning Nigeria to the path of transparency and accountability.”

    “SERAP believes that Mr Baru’s case presents your Administration with yet another rare opportunity to reassure a lot of Nigerians who may be worried about the direction of travel of your anti-corruption agenda. Rather than keeping silent on the matter, we advise you to use this case to show to Nigerians that no form of corruption will be tolerated in the NNPC under your watch.”

    “SERAP also believes the recommended approach would help to address the growing public suspicion and pessimism about your government’s ability to fight high-level official corruption to a standstill, and to avoid any collateral consequences. It is absolutely important that the public should have complete confidence and trust in your Administration’s oft-repeated commitment to fight corruption and the impunity of perpetrators.”

    “SERAP notes the recent allegations of corruption against Mr Baru by Dr Emmanuel Ibe Kachikwu, Minister of State of Petroleum and Chairman NNPC Board. In the letter to you Dr Kachikwu alleged among others appointments and postings in NNPC without due process; award of contracts above $20m without following the legal and procedural requirements for such contracts including the Crude Term contracts- value at over $10bn; the DSDP contracts- value over $5bn; the AKK pipeline contract- value approximately $3bn; various financing allocation funding contracts with the NOCs – value over $3bn; and various NPDC production service contracts – value at over $3bn–$4bn.”

  • Oyebode to speak at SERAP’s roundtable on ending impunity for grand corruption

    Akin Oyebode, Professor of International Law and Jurisprudence, University of Lagos, will deliver a paper at the Strategic Dialogue on Mobilizing the Citizens to Demand Anti-Corruption Reforms and an End to Impunity for Grand Corruption in Nigeria being organized by Socio-Economic Rights and Accountability Project in collaboration with the National Endowment for Democracy.

    The roundtable is scheduled for September 28, 2017 at the CITIHEIGHT Hotel, Sheraton-Opebi Link Road, Ikeja by 10am.

    Oyebode would speak on the theme of the roundtable: “Strategies for Mobilizing Mass Action to Demand Anti-Corruption Reforms and an End to Impunity for Grand Corruption in Nigeria.”

    Among those expected at the roundtable are: Professor Itse Sagay (SAN), Chairman, Presidential Advisory Committee against Corruption; Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN); Femi Falana (SAN); and representatives of the Royal Netherlands Embassy; and the Ford Foundation.

    Others are: Chief Okoi Obono-obla, Special Assistant on Prosecution to President Muhammadu Buhari, who will give some introductory remarks; Babatunde Ogala, former Chairman of the Lagos State House of Assembly’s Committee on Judiciary; Tayo Oyetibo (SAN); Levi Adikwaone, Chairman of the Nigerian Bar Association, Ikorodu Branch; Nurudeen Ogbara, NBA Ikorodu Chairman Legal Education; and representatives of the Economic and Financial Crimes Commission; the Independent Corrupt Practices and other related offences Commission; the media; and civil society.

    The roundtable will assess the ongoing fight against corruption, and is expected to come up with key programme agenda for among others mobilising Nigerians to get involved in the fight against corruption, and agenda for increasing the tempo of the anti-corruption fight, including by revisiting outstanding cases of high-level official corruption and prosecuting high-ranking public officials.