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Tag: SERAP

  • SERAP visits Saraki over lawmakers’ ‘N3bn yearly pay’

    Representatives from Socio-Economic Rights and Accountability Project (SERAP) will today (Thursday 21 September 2017) visit the National Assembly to meet with the Senate President Dr. Bukola Saraki to discuss issues relating to details of annual salaries and allowances of lawmakers.

    “We are pleased to accept the invitation from the Senate President to visit the National Assembly to discuss matters of public interest following SERAP’’s letter to Saraki to disclose details of salaries and allowances of members of the Senate,” said Timothy Adewale, SERAP deputy director. “We will use the opportunity of the face-to-face meeting to ask pertinent questions and seek detailed information and clarifications on the exact salaries and allowances that each senator receives monthly or yearly.

    Adewale said that the Office of the Senate President contacted SERAP yesterday to set up a meeting for Thursday. The meeting, scheduled for 1 pm at the National Assembly Complex follows SERAP’s request to Saraki to “urgently explain to Nigerians if it is true that a Nigerian Senator gets N29 million in monthly pay, and over N3 billion a year.”

    Mr. Bamikole Omishore, the Special Adviser to Saraki on New Media, had said on Sunday in Abuja that he would contact SERAP and other CSOs for a meeting to give more details on the yearly earnings of senators. Omishore said, “The attention of the office of the President of the Senate has been drawn to demand for more details regarding the earnings of senators of the Federal Republic of Nigeria. Having released the breakdown of the National Assembly budget, the most comprehensive in the history of Nigerian Senate, it seems the release of pay slips is yet to clarify earnings of Nigerian senators.

    “The Senate President has agreed to a roundtable with SERAP and other CSOs to enlighten them and answer genuine questions regarding the matter. I will make contact with SERAP and other CSOs for a date convenient for all parties in the next few days,” Mr. Omishore also said.

    It would be recalled that Professor Itse Sagay, Chairman Presidential Advisory Committee against Corruption (PACAC), had alleged that a Nigerian Senator gets N29 million in monthly pay. But the Senate has so far refused to clarify this or disclose the details of salaries and allowances of its members.

    Subsequently, SERAP wrote Saraki stating that, “The ‘sky will not fall’ if details of a Nigerian Senator’s salaries and allowances are published on a dedicated website. SERAP believes that releasing the information on salaries and allowances of members of the Senate would encourage a nuanced, evidence-based public debate on what would or should be a fair salary for a member of the Senate.”

    The organization said that, “It is by making transparency a guiding principle of the National Assembly that the Senate can regain the support of their constituents and public trust, and contribute to ending the country’s damaging reputation for corruption.”

    The statement read in part: “Transparency is a fundamental attribute of democracy, a norm of human rights, a tool to promote political and economic prosperity and to curb corruption. For the Senate, practising transparency should start with the leadership being open to Nigerians on the salaries and allowances of members.”

    “SERAP strongly believes that it is by knowing exactly how much their lawmakers earn as salaries and allowances that members of the National Assembly can remain accountable to Nigerians and our citizens can be assured that neither fraud nor government waste is concealed.”

    “If the Senate under your leadership is committed to serving the public interest, it should reaffirm its commitment to openness by urgently publishing details of salaries and allowances of members. But when the Senate leadership routinely denies access to information on matters as basic as salaries and allowances of our lawmakers because some exceptions or other privileges override a constitutional and statutory disclosure requirement, open government would seem more like a distant, deferred ideal than an existing practice.”

    “The continuing refusal by the Senate to reveal concrete information about the salaries and allowances of their leadership and members could ultimately endanger the healthy development of a rule-of-law state.”

    “SERAP is concerned that the Senate seems to consider releasing concrete information about salaries and allowances of members to be at best a burden and, at worst, a threat to their legislative functions. Releasing information on your salaries and allowances would not interfere with your law-making functions. In fact, doing so would improve public confidence in the ability and legitimacy of the Senate to perform those functions and make laws for the peace, order and good governance of the Federation.”

    “By permitting access to information on your members’ salaries and allowances long shielded unnecessarily from public view, the Senate would be moving towards securing the confidence of Nigerians in the legislature. The Senate would also be establishing a more solid political base from which to perform its legislative duties and to fulfill its role in the balance of power within the Nigerian constitutional order.”

    “Transparency is necessary for accountability, and helps to promote impartiality by suppressing self-interested official behavior. It also enables the free flow of information among public agencies and private individuals, allowing input, review, and criticism of government action, and thereby increases the quality of governance.”

    The details of the salaries and allowances as provided by Professor Sagay are as follows: basic salary N2,484,245.50; hardship allowance, 1,242, 122.70; constituency allowance N4, 968, 509.00; furniture allowance N7, 452, 736.50; newspaper allowance N1, 242, 122.70. Others are: Wardrobe allowance N621,061.37; recess allowance N248, 424.55; accommodation 4,968,509.00; utilities N828,081.83; domestic staff N1,863,184.12; entertainment N828,081.83; personal assistant N621,061.37; vehicle maintenance allowance N1,863,184.12; leave allowance N248,424.55; severance gratuity N7, 425,736.50; and motor vehicle allowance N9, 936,982.00.

  • Outrageous pay: Saraki bows to pressure, invites SERAP, other CSOs

    The Senate President, Bukola Saraki, has invited Civil Society Organisations (CSOs) to a roundtable over the “contentious” salaries of lawmakers, his media aide, Bamikole Omishore, has said.

    Omishore, the Special Adviser to Saraki on New Media, via a statement issued on Sunday in Abuja, said the meeting would be to give more details on the earnings of senators.

    The Socio-Economic Rights and Accountability Project, SERAP, wrote Mr. Saraki urging him to urgently explain to Nigerians, “if it is true that a Senator gets N29 million in monthly pay, and over N3 billion a year.’’

    Reacting to request by SERAP, Omishore pointed out that the Senate had already released budget breakdown and pay slips of lawmakers and surprised that some Nigerians were still not clear on the matter.

    “The attention of the office of the President of the Senate has been drawn to demand for more details regarding the earnings of senators of the Federal Republic of Nigeria.

    “Having released the breakdown of the National Assembly budget, the most comprehensive in the history of Nigerian Senate, it seems the release of pay slips is yet to clarify earnings of Nigerian senators.

    “Senate President has agreed to a roundtable with SERAP and other CSOs to enlighten them and answer genuine questions regarding the matter.

    “I will make contact with SERAP and other CSOs for a date convenient for all parties in the next few days,” Omishore said.

     

  • Pay Edo pensioners within 14 days or face legal action, SERAP tells Obaseki

    Pay Edo pensioners within 14 days or face legal action, SERAP tells Obaseki

    Socio-Economic Rights and Accountability Project, (SERAP) has sent an open letter to Governor Godwin Obaseki of Edo State requesting him to use his good office and leadership position to “urgently pay Edo State pensioners over 42 months outstanding pension benefits and entitlements from the over N29 billion Paris Club refunds received by your government and meant for the payment of pension arrears and gratuities.”

    The organization asked Obaseki to “spend the Paris Club refunds to pay all outstanding pension benefits within 14 days of the receipt and/or publication of this letter, failing which SERAP will institute appropriate international and regional legal proceedings to compel your state to discharge its constitutional and international human rights obligations to Edo pensioners.

    In the letter dated 8 September 2017 and signed by SERAP deputy director Timothy Adewale, the organization expressed “concern about the treatment of the situation of Edo pensioners from a “humanitarian” and “charity” perspective. This approach by your government to addressing the conditions of pensioners in your state ignores their human rights, and the fundamental equality of individuals, and deny Nigeria of the potential contribution of pensioners to reaching national developmental objectives and goals.”

    The organization also expressed “serious concern that the failure to pay Edo pensioners their outstanding benefits and entitlements has continued to leave them with chronic poverty, untreated illness, inadequate access to medical treatment, abuse, and ultimately, unnecessary and untimely deaths. Yet, pensioners are entitled to human rights, as an important part of their dignity, protection and financial security.”

    The letter read in part: “SERAP notes that pensioners need special protection especially given their economic, social and political vulnerability but the repeated failure by your government to spend the received Paris Club refunds to pay all outstanding pension benefits in your state has continued to prevent their access to equal treatment and enjoyment of their constitutionally and internationally recognized human rights. Edo pensioners are now at heightened risk of long term discrimination, abuse, exclusion, isolation and marginalization.”

    “SERAP has been fully briefed by Edo pensioners both at local government and state levels about their plight and continuing denial of their human rights to dignity, equality and non-discrimination by your government.”

    “According to our information, your government has so far received from the government of President Muhammadu Buhari three tranches of the Paris Club refunds totally over N29 billion, between November 2016 and July 2017. Yet your government has failed, refused and/or neglected to pay over 42 months pension benefits as well as agreed increase in benefits, despite repeated requests by the pensioners and their families.”

    “SERAP is concerned about the persistence of considerable levels of poverty to which Edo pensioners have been subjected. We note that your government has a legal obligation to promote and protect the rights and dignity of all pensioners in Edo State, consistent with your expressed commitment to social development, human rights, equality and non-discrimination.”

    “SERAP notes that article 25 paragraph 1 of the Universal Declaration of Human Rights provides that, ‘Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.’”

    “The Universal Declaration of Human Rights therefore shows that the rights to adequate standard of living and well-being are for every human being, including pensioners. Indeed, the principles of equality and non-discrimination apply to those rights, and provide that individuals and families are entitled to their human rights, regardless of age.”

    “SERAP also notes that your government has a legal obligation to protect vulnerable individuals including pensioners in Edo State by taking measures to ensure that they are not denied their human rights, and deprived of their access to basic necessities of life.”

    “SERAP believes that ignorance of the value of empowerment of pensioners jeopardises progress towards achieving Edo State developmental goals.”

  • Alleged Corruption: Seek ICC arrest warrant for Diezani, SERAP tells Buhari

    Alleged Corruption: Seek ICC arrest warrant for Diezani, SERAP tells Buhari

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to urgently “seek from the International Criminal Court an arrest warrant to bring Mrs Diezani Alison-Madueke before the court on allegations of corruption against her, which the government should consider as crimes against humanity and serious enough for it to sanction her prosecution before the court.”

    The organization also urged the government to “pursue civil actions to ensure that all the funds allegedly stolen by her are fully recovered and duly accounted for.”

    In a statement dated 3 September 2017 and signed by SERAP deputy director Timothy Adewale the organization said that, “The allegations of corruption against Mrs Diezani Alison-Madueke suggest the manifest failure of the government of former president Goodluck Jonathan to protect Nigerians from such heinous crimes. Your government now has the responsibility to take bold action to sufficiently redress this injustice committed against Nigerians, and the significant long-term damage for the country.”

    The organization said that, “By pursuing international warrant of arrest for Mrs Diezani Alison-Madueke in order for her to be brought before the ICC, your government would be showing to Nigerians that it is indeed determined to match its stated commitment to combat grand corruption and its debilitating effects with concrete and bold action.”

    SERAP’s request followed growing allegations of corruption against Mrs Alison-Madueke and the recent disclosure by the Chairman, Presidential Advisory Committee Against Corruption, Prof. Itse Sagay that the Economic and Financial Crimes Commission had recovered about half a trillion naira from her. Several court orders have also seized millions of dollars from bank accounts and forfeiture of several houses both in Nigeria and abroad linked to her.

    The statement read in part: “SERAP believes that as important as it is, the recovery of alleged stolen public funds from Mrs Diezani Alison-Madueke is far from adequate to redress the crimes against humanity that have been committed against Nigerians. The allegations of corruption clearly suggest the exploitation of Nigeria’s natural resources to the detriment of its people, and are serious enough to meet the requirements of crimes against humanity, thus bringing her within the jurisdiction of the ICC.”

    “Pursuing this case before the ICC would also help to deter grand corruption and its devastating effects on Nigeria and contribute to the development of case-law in the field of corruption and citizens’ socio-economic rights, and ultimately advance the right of Nigerians to restitution, compensation and guarantee of non-repetition. Such bold initiative would also improve public confidence in the fight against corruption.”

    “We also urge your government should urgently propose legislation that would characterise the kind of corruption allegedly committed by Mrs Diezani Alison-Madueke as crime against humanity within our national laws, and thus allow Nigerian courts to directly hear those cases.”

    “In this case, the inhumane acts committed against Nigerians take the form of grand corruption, and taking away our commonwealth for her personal benefit, the corrupt acts apparently took place over an extended and critical period during the government of former president Goodluck Jonathan. Mrs Diezani Alison-Madueke knew or ought to have known that such level of alleged corruption by her would cause or contribute to or aggravate the suffering of marginalized and vulnerable Nigerians, denying them access to the basic necessities of life.”

    “The fact that such enormous crimes could went on for such a long time without any form of redress is an affront to universal human rights of Nigerians to their natural wealth and resources. SERAP believes that causing unspeakable hardships or aggravating the suffering of large numbers of Nigerians ought to constitute an inhumane act of a nature amounting to a crime against humanity, for which the most appropriate forum of redress is the ICC.”

    “The allegations of corruption against Mrs Diezani Alison-Madueke deeply shock the conscience of humanity. Stealing of public funds meant to ensure basic necessities such as water, shelter and medicines for Nigerians rises to the level of crimes against humanity, as this has compelled the citizens to live in inhumane or degrading conditions, in violation of customary international law and treaty obligations particularly the Rome Statute of the International Criminal Court to which Nigeria is a state party.”

    “Article 7(2)(b) of the Rome Statute of the International Criminal Court among others includes the intentional deprivation of access to food and medicine as crime against humanity. Under Article 30(2)(b), a person has intent in relation to a consequence, for example, where that person means to cause that consequence or is aware that it will occur in the ordinary course of events.”

    “Allegedly stealing such huge public funds from a developing country like Nigeria has not only drained Nigerians of their valuable commonwealth but also contributed to poverty, irregular electricity supply, bad roads, poor and inadequate health facilities, underdevelopment, conflicts, and insecurity.”

    “Primarily because of grand corruption under successive governments since the return of democracy in 1999, millions of Nigerians continue to live in extreme poverty, a condition manifested by the lack of clean water, malnutrition, high rates of child mortality and morbidity, low life expectancy, illiteracy, perception of hopelessness and social exclusion.”

    “Such basic necessities are those resources needed for individuals to maintain their physical and mental integrity. The resources may be material resources, services or access opportunities. SERAP believes that depriving individuals of basic necessities may cause physical or mental sufferings, material losses, physical or mental injury, or death.”

    “SERAP also notes the final report on the Question of Impunity of Perpetrators of Human Rights Violations by UN Special Rapporteur El Hadji Guiss which concluded that violations of economic, social and cultural rights could be declared international crimes that are consequently subject to the principles of universal jurisdiction and imprescriptibility.”

    “Similarly, Common Article 1 to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights stipulates an imperative prohibition against depriving a people of its own means of subsistence.”

    “The essence of crimes against humanity is a systematic policy or action of a certain scale and gravity directed against a civilian population. The expression ‘attack directed against any civilian population’ is defined as meaning ‘a course of conduct involving the multiple commission of acts against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack.”

    “The term ‘attack’ is not limited to violent acts. SERAP believes it extends to grand corruption committed with the intent or knowledge that such enormous crime will subject a civilian population to inhumane conditions of existence or perpetuate such conditions.”

    “The ICC pre-trial chamber issues a warrant if it determines that the summary of evidence that the prosecutor presented establishes reasonable grounds to believe that the person named has committed a crime within the court’s jurisdiction.”

  • Stop monitoring of Nigerians on social media by military authorities, SERAP tells Buhari

    Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to President Muhammadu Buhari requesting him to “use your good offices and leadership position to instruct the military authorities to immediately end any monitoring of activities of Nigerians on the social media, and to ensure that military operations comply with Nigerian Constitution 1999 (as amended) and the country’s obligations under international human rights law.”

    In the letter dated 25 August 2017 and signed by SERAP deputy director Timothy Adewale the organization expressed “serious concern that any monitoring of Nigerians on social media by the military authorities would directly violate the constitutionally and internationally guaranteed rights to freedom of expression and privacy online. Instructing the military to end any such monitoring would help your government to defend and keep to its oft-repeated commitment to human rights, transparency and accountability.”

    The organization said that, “Monitoring of the social media by the military is neither necessary nor proportionate, and could portray your government as working to control the political and social media space. Classifying legitimate exercise of freedom of expression as ‘hate speech’ is counter-productive, In exercise of their rights to freedom of expression and privacy, Nigerians should be allowed to speak truth to power and stand up for their rights.”

    According to the organization, “Monitoring Nigerians on social media would criminalize their freedom and the activity of journalists that are critical of the government and censor the media from reporting on sensitive and critical information that is relevant to the public interest but controversial to the government. It would have a chilling effect on media activities in Nigeria, and pose a serious threat to the ability of Nigerians to meaningfully participate in their own government.”

    The organization’s letter followed reported statement by the Director of Defence Information, Major-General John Enenche that the activities of Nigerians on the social media are now being monitored for hate speech, anti-government and anti-security information by the military. He justified this move on the alleged grounds of “troubling activities and misinformation capable of jeopardizing the unity of the country.”

    The letter read in part: “To monitor Nigerians’ access to social media solely on the basis that it may be used to express views critical of the government or the political social system espoused by the government is entirely incompatible and inconsistent with constitutional guarantees and Nigeria’s international human rights obligations and commitments.”

    “SERAP notes that protecting critical expression on the Internet is the standard by which governments are now held to be considered genuinely democratic. Nigerians should, therefore, be allowed to discuss government policies and engage in political debate; report on corruption in government; and exercise their right to expression of opinion and dissent.”

    “While we recognize the obligation to protect against hate speech that constitutes incitement to hostility, discrimination or violence, this should not be used as a pretext to clamp down on legitimate exercise of the right to freedom of expression that does not constitute incitement to discrimination, hostility or violence. Blanket clarification of expression that falls short of expression that constitutes incitement to violence, hatred or discrimination under international law can only limit media freedom and chill discourse deemed controversial or critical of your government.”

    “SERAP notes that sections 37 and 39 of the Nigerian Constitution guarantee the rights to privacy and freedom of expression. Similarly, article 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party protects Nigerians’ right to maintain an opinion without interference and to seek, receive and impart information and ideas of all kinds, regardless of frontiers. Under article 19(3) of the Covenant, restrictions on the right to freedom of expression must be “provided by law”, and necessary for “the rights or reputations of others” or “for the protection of national security or of public order (ordre public), or of public health and morals”. Permissible restrictions on the internet are the same as those offline.”

    “Further, article 17(1) of the Covenant provides for the rights of Nigerians to be protected, inter alia, against unlawful or arbitrary interference with their privacy and correspondence, and provides that everyone has the right to the protection of the law against such interference. “Unlawful” means that no interference may take place except in cases envisaged by the law which in itself must comply with provisions, aims and objectives of the Covenant. SERAP believes that articles 17 and 19 of the Covenant are closely connected, as the right to privacy is an essential requirement for the realization of the right to freedom of expression.”

    “SERAP notes the Human Rights Council resolution 20/8 on the promotion, protection and enjoyment of human rights on the Internet adopted on 5 July 2012, which affirms that the same rights that people have offline must also be protected online, in particular freedom of expression, which is applicable regardless of frontiers and through any media of one’s choice. It further called upon all States to promote and facilitate access to the Internet and international cooperation aimed at the development of media and information and communications facilities in all countries.”

  • Gunmen attack: Improve safety, security of EFCC officials, SERAP tells FG

    Gunmen attack: Improve safety, security of EFCC officials, SERAP tells FG

    Socio-Economic Rights and Accountability Project (SERAP) has urged the Acting President Professor Yemi Osinbajo to “direct the Inspector General of Police Ibrahim Kpotun Idris to lead the investigation ofWednesday’s attack by gunmen on the headquarters of the Economic and Financial Crimes Commission (EFCC) in Abuja and threat to the lives of its officials, and bring anyone suspected to be responsible to justice without delay.”

    The EFCC this week reported attack on its premises and a death threat to its official Ishaku Sharu, who heads the Foreign Exchange Malpractices Fraud Section and oversees corruption investigation involving several politically exposed persons. This followed another attack on EFCC investigator, Austin Okwor, who was shot and wounded by unknown assailants in Port Harcourt, Rivers State.

    In a statement on Friday by SERAP deputy director, Timothy Adewale, the organization said that, “We stand with the EFCC as it works to carry out its mandates to prevent and combat grand corruption. We condemn any attacks against the agency and its officials which are clearly aimed at harassing, intimidating and stopping them from prosecuting grand corruption cases. We urge the EFCC to remain steadfast to its mandates and not be intimidated by these attacks and threats.”

    The statement reads in part: “SERAP urges Professor Osinbajo to instruct the Attorney General of the Federation and Minister of Justice Abubakar Malami SAN and the Inspector General of Police Ibrahim Kpotun Idris to immediately improve the system of protection for the officials of EFCC and other anti-corruption agencies. Promoting and ensuring the safety and security of those in the frontline of the fight against corruption is the surest way to demonstrate the government’s commitment to combat the problem and end impunity of perpetrators.”

    “The protection, safety and security of anti-corruption agencies and their officials is absolutely critical to fighting grand corruption and holding those in power to account. The absence of enhanced protection and security for the EFCC and other anti-corruption agencies could ruin the government’s anti-corruption efforts and weaken citizens’ trust and confidence in its ability to effectively and successfully prosecute grand corruption cases.”

     

  • N11tn electricity fund: Omokri blasts SERAP, says ‘Jonathan privatized power sector, saved billions from sale of assets’

    N11tn electricity fund: Omokri blasts SERAP, says ‘Jonathan privatized power sector, saved billions from sale of assets’

    Sequel to report released on Wednesday in Lagos by the Socio-Economic Rights and Accountability Project, SERAP, indicting the successive administrations of former presidents Olusegun Obasanjo (1999 – 2007), Umaru Musa Yar’Adua (2007 – 2010) and Goodluck Jonathan (2010 – 2015) of embezzling N11 trillion meant to provide regular electricity supply in the country, an aide to former President Jonathan has said the immediate past Nigerian leader privatised the power sector thereby saving billions for the country in the process.

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

    The 65 pages report launched on Wednesday at the Westown Hotels, Lagos is titled: From Darkness to Darkness: How Nigerians are Paying the Price for Corruption in the Electricity Sector.

    The report presented to the media by Yemi Oke, Ass. Professor, Energy/Electricity Law, Faculty of Law, University of Lagos, discloses that “the country has lost more megawatts in the post-privatisation era due to corruption, impunity, among other social challenges reflected in the report.”

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

    However, Omokri, in a statement advised SERAP to conduct a thorough finding to properly ascertain who (among the three former leaders) embezzled monies meant for providing improved electricity supply to Nigerians.

    Omokri revealed this in a statement he signed and released on Thursday on behalf of the former leader.

    The statement reads: “My attention has been drawn to the story ‘Obasanjo, Yar’Adua, Jonathan wasted N11tn on electricity –SERAP’ published most prominently in The Punch newspapers on August 10, 2017 and less prominently in other papers.

    While I cannot speak for others, I can certainly say that as touching former President Goodluck Jonathan, the story is false and is the fruit of the laziness of the researchers who could have taken advantage of the Freedom of Information Act that Dr. Jonathan signed into law in May, 2011 to get records and data from relevant government ministries, departments and agencies that would have given them a fuller picture instead of the narrow view they have.

    Former President Jonathan could not have wasted ₦11 trillion or any other amounts of money for the simple reason that he was the Nigerian President who privatized the Power Sector beginning on August 26, 2010 when he launched the roadmap to power sector reforms and culminating on October 16, 2012 when the winning bids were announced for the sale of power generating and distributing companies.

    SERAP may do well to remember that on Monday the 30th of September 2013, at the Aso Rock Presidential Villa, Former President Jonathan successfully handed over the bulk of Nigeria’s Power Infrastructure to successful private sector bidders after they had made payments for the assets they acquired.

    At that event, he said “I congratulate our new owners who have taken over the engines and cables that are expected to drive not just the electricity industry but also the socio-economic well-being of the nation”.

    In total, the Power Holding Company of Nigeria was split into six generation and 11 distribution firms, all sold separately, for about $2.5 billion for which the Jonathan administration received much deserved praise.

    In fact, rather than wasting money, the Jonathan administration generated money for the federation from the sale of these assets which were seen to be transparent and followed global best practices.

    Between May 6th 2010 when he was first sworn in as President to May 29, 2015 when he handed over power, the budget for the ministry of power under Dr. Jonathan was not up to ₦400 billion in total for the simple reason that his administration had succeeded in transferring most of Nigeria’s power assets, liabilities and personnel from the public sector to the private sector.

    As such, it is evidently clear that any allegations that the Jonathan government wasted trillions is not a well thought out allegation at best and is a figment of the imagination of the makers at worse.

    I do hope those papers which published this false report against the person of former President Jonathan and the administration that he led will be honorable enough to set the records straight for posterity”.

     

  • How Obasanjo, Yar’Adua, Jonathan administrations embezzle N11 trillion electricity fund – SERAP

    The Socio-Economic Rights and Accountability Project, SERAP, has accused the successive administrations of former presidents Olusegun Obasanjo (1999 – 2007), Umaru Musa Yar’Adua (2007 – 2010) and Goodluck Jonathan (2010 – 2015) of embezzling N11 trillion meant to provide regular electricity supply in the country.

    This was revealed in a new report released on Wednesday in Lagos by SERAP.

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

    The 65 pages report launched on Wednesday at the Westown Hotels, Lagos is titled: From Darkness to Darkness: How Nigerians are Paying the Price for Corruption in the Electricity Sector.

    The report, presented to the media by Yemi Oke, Ass. Professor, Energy/Electricity Law, Faculty of Law, University of Lagos, discloses that “the country has lost more megawatts in the post-privatisation era due to corruption, impunity, among other social challenges reflected in the report.”

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

    A senior lawyer, Femi Falana, who chaired the report launch said that, “This report is a must read, and I promise to lead in the follow-up litigation efforts to ensure the full implementation of the recommendations of the report.”

    The report launch was also attended by Babatunde Irukera, the Director General/Chief Executive of the Consumer Protection Council, CPC; and, Ibrahim Magu Chairman Economic and Financial Crimes Commission, EFCC; who was represented by Osita Nwajah, Director Public Affairs EFCC. Both promised to work to ensure the full implementation of the recommendations contained in the report.

    Others at the events were Babatunde Ogala; Dayo Olaide, Deputy Director Macarthur Foundation; Eva Kouka, Program Officer, Ford Foundation; Motunrayo Alaka, Coordinator Wole Soyinka Centre for Investigative Journalism; representatives of the Independent Corrupt Practices and other Related Offences Commission, ICPC; the National Human Rights Commission, and the media.

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

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

    The report reads: “The Obasanjo’s administration spent $10 billion on NIPP with no results in terms of increase in power generation. $13.278,937,409.94 was expended on the power sector in eight years while unfunded commitments amounted to $12 billion.”

    “The Federal Government then budgeted a whopping N16 billion for the various reforms under Liyel Imoke (2003 to 2007) which went down the drains as it failed to generate the needed amount of electricity or meet the set goals. Imoke was alleged to have personally collected the sum of $7.8 million for the execution of the contract for the construction of the Jos-Yola Transmission Line, which was never executed. There were documented/reported allegations of corruption against Imoke that fizzled-out shortly thereafter.”

    “Professor Chinedu Nebo handed over the assets of the PHCN to private investors on November 1, 2013. Prof. Nebo is alleged to have corruptly funded the privatized power sector with over N200 Billion despite privatization. The allegation of N200 Billion funding of the privatised power sector during Prof Nebo’s tenure should be thoroughly and transparently investigated and anyone suspected to be responsible prosecuted. Any corrupt funds should be fully recovered.”

    “Our research revealed that the sum of N1.5 billion with which the vehicles were acquired was allegedly sourced from the diverted N27 billion insurance premium of deceased workers of the defunct Power Holding Company of Nigeria (PHCN).”

    “The National Assembly and members should desist from and avoid manipulating the award of electricity contracts or cite projects in their constituencies under the guise of “Constituency Project”. The National Assembly should publish and ensure the full implementation of the recommendations of all power-related investigations to date.”

    “The Federal Government should back-down from Rural Electrification initiatives and allow states to undertake rural electrification through their respective Local Governments and Development Areas. Federal Government should consider fully divesting its stakes in the power sector and allow for efficient, decentralized sector governance by Federal and State governments, as appropriate, in line with the provisions of the Second Schedule, paragraph 13 and 14 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).”

    “The 36 state governments should wake up to their rights, duties and obligations under the Constitution of the Federal Republic of Nigeria relating to the power sector by working to promote and ensure access to regular and uninterrupted electricity supply for all residents within their states. The 36 state governments have been abdicating the duties to the power sector, bearing in mind that Power is an item on the Concurrent Legislative List under the Nigerian Constitution 1999 (as amended).”

    “When the late Bola Ige took up the mantle of the Power and Steel Ministry in 1999, he probably didn’t understand the magnitude of problems in the power sector and consequently, promised that within six months of his appointment, “power failure will be a thing of the past” and that on a regular basis, he will brief the nation on the state of power, steel and aluminum. Current minister Babatunde Fashola SAN also claimed that ‘a serious Government will fix the power problem in six months’”

    “The power sector under Ige was characterised by epileptic and unreliable supply, bogus billing and archaic rate collection. The late minister failed and was unable to put an end to these. His failure was attributed to acts of sabotage and corruption by people who were benefitting from the use of generators. The late Bola Ige was not accused of corruption.”

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

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

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

    “The privatization of PHCN would appear to have yielded the country total darkness. Gains of privatization were lost through alleged corruption, manipulation of rules and disregard to extant laws and lack of transparency in the exercise. The PBE encouraged the deferment of payment and restructuring of payment terms in contravention of bidding rules to the disadvantage of other bidders.”

    “Billing methodology shrouded in secrecy. Billings do not reflect actual electricity consumptions in most cases. Most if not all, officials of the DISCOs are still very corrupt and demand gratification from customers before doing the job they are paid to do. Grand corruption against the Federal Government owner of the 40% stakes in the DISCOS, and by implications, the Nigerian masses due to non-remittance or under-remittances of the monies collected by the DISCOs.”

    “The Manitoba deal is shrouded in secrecy as essential details of the deal remain unknown to Nigerians till date. The authorities should undertake a public-oriented audit on the state of affairs of the TCN two years before and after the Manitoba deal. The outcome of the audit should form basis for further action and charges in court against the suspected perpetrators and corrupt funds fully recovered.”

    “The Federal Government should undertake a thorough, impartial and transparent investigation into the power sector privatization with a view to doing things the right, fair and just way. Ownership of public stakes of 40% in those entities should be revisited and further privatized to avoid using government/public resources to subsidize private entities.”

    “Attention should be focused also on petty corruption. Petty corruption in the electricity sector has not received much attention, as the focus has been on grand corruption in the sector.”

    “The Attorney-General of the Federation and Minister of Justice Abubakar Malami SAN should request the report of the House of Representative Committee that probed government spending in the power sector from 2000 to 2007, and the Elumelu House Probe Committee which had accused 21 persons and 36 companies of subversion of government policy on due process make the report public and ensure appropriate legal action against anyone suspected to be involved in corruption as well as full recovery of corrupt funds.”

    “Undocumented, monumental fraud and corruption is said to be perpetrated at the Niger Delta Power Holding Company (NDPHC) and investigation by the EFCC and ICPC will ensure that those involved are effectively brought to justice.”

    “Mr. Malami should direct the EFCC and ICPC to probe metering and billing fraud and corruption and bribery among Discos. Most consumers are unhappy will their billing methodology and feel short-changed by the operators. Mr. Malami should promptly make progress on all outstanding cases of corruption in the electricity sector including by ensuring effective prosecution of all power sector cases being handled by the Ministry.”

    “The ICPC should make public the status of the investigation and recommendations for prosecution (if any) on the AEDC Recruitment Scandal/Jumbo Pay Scandal given the facts that the Nigerian Government and public have 40% stakes in the AEDC. The Manitoba deal is shrouded in secrecy as essential details of the deal remain unknown to Nigerians till date. The EFCC/ICPC should lead a public-oriented audit on the state of affairs of the TCN two years before and after the Manitoba deal.”

    “The ICPC show tell Nigerians about the current status of the probe of the recruitment scandal and corruption-induced jumbo pay to workers of the Abuja Electricity Distribution Company (AEDC Plc). Anyone found to be responsible should be brought to justice and corrupt funds fully recovered.”

  • Fashola, Fayemi, Ngige say they no longer receive pensions from their states

    Fashola, Fayemi, Ngige say they no longer receive pensions from their states

    Three former governors – current ministers have said that they no longer receive pensions from their state governments.

    The ministers are Babatunde Fashola (Power, Works and Housing); Chris Ngige (Labour and Employment) and Kayode Fayemi (Mines and Steel Development).

    Fashola, a former governor of Lagos State, said he did not receive any pension from Lagos State. According to his Special Adviser on Communications, Hakeem Bello, the minister recently made it clear that he (Fashola) had no reason to ask the Lagos State Government to stop paying him a pension when from the outset he never accepted it.

    When asked if he would also ask the Lagos State Government to stop paying him pension, just like the Senate President, Bukola Saraki did, Bello replied, “The minister spoke on Hard Copy, a programme on Channels TV on Friday. In that programme, he said you don’t ask them (Lagos State Government) to stop what you never accepted in the first place.

    “This your question was one of the questions they asked him during that TV programme and what I told you was his response.” Ngige of Anambra also denied receiving double entitlements from the federal and state governments.

    Ngige said that the petition by the Socio-Economic Rights and Accountability Project (SERAP) to the Office of the Attorney General and Minister of Justice, in which he was mentioned only showed that proper investigation was not carried out before his inclusion as a beneficiary of double pay from the government or it was inspired by mischief.

    Ngige denied drawing double emoluments from the Consolidated Revenue Fund of the Federal Government or the Anambra State Government since he was elected and appointed at various times into public offices contrary to media reports.

    He said, “I wish to put it on record that since I left office in 2006 as governor of Anambra State; throughout the four years I spent in the 7th Senate (June 2011-2015) and currently as the Honourable Minister of Labour and Employment with effect from November 11, 2015, I have never drawn a dime even in the intervening period that I was not in public office, as salary, emolument and pension from the Anambra State Government’s coffers.

    “In fact, I have not received any severance benefit as prescribed in the Anambra State House of Assembly law on pensions and other welfare and benefits for former governors and deputy governors, 2006, and amended 2013. Aside the two utility vehicles were given to me some years ago, I have not accessed any of the privileges and other lawful trappings due to the office.

    “It is worth stating for the avoidance of any doubt that the Supreme Court affirmed that I was entitled to these benefits in their landmark judgment in Mike Balonwu and others Vs Anambra State Government, which declared me governor, de facto and de jure between 2003 and 2006.”

    Also, Ekiti’s Fayemi said he had not even received his severance package from the Ekiti State Government as approved by the Revenue Mobilisation, Allocation and Fiscal Commission since leaving office in 2014. In a statement issued by his Special Assistant on Media, Yinka Oyebode, Fayemi, who is now Minister of Mines and Steel Development, said he had not received any pension.

    Fayemi had challenged SERAP to apologise to him for including his name among former governors receiving double remuneration or face legal action.

  • N40bn double pay: SERAP welcomes Saraki’s move to stop receiving pensions

    N40bn double pay: SERAP welcomes Saraki’s move to stop receiving pensions

    Socio-Economic Rights and Accountability Project, (SERAP) has welcomed Senate President Dr Bukola Saraki’s move to “stop receiving pensions from Kwara state, where he was the governor between 2003 and 2011, and urges him to join us in the campaign to end the unjust, unfair and discriminatory practice of providing life pensions to former governors and to abolish laws that make this possible.”

    TheNewsGuru.com reports that Saraki told the News Agency of Nigeria (NAN) Forum in Abuja on Tuesday, 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.”

    In a statement today by SERAP executive director Adetokunbo Mumuni the organization said, “It’s good news that Dr Saraki has publicly made known that he has stopped drawing pensions from Kwara state. We hope that other public officials still receiving double emoluments will follow Dr Saraki’s example and renounce such practice. We also urge the Senate President to publicly commit to donating to charities of his choice all pensions and allowances he has so far collected or to such emoluments to the public treasury.”

    SERAP also asked “the Senate President to use his leadership position to urgently facilitate a resolution by the National Assembly condemning the practice and laws on double pay and life pensions for former governors now serving public officials; urging state assemblies to abolish such laws; and calling on those that have received such emoluments to return them to the public treasury.”

    SERAP urged “Dr Saraki to work with us to put meaningful pressure on other states to abolish their unfair and discriminatory life pensions laws as well as on serving senators and ministers who continue to receive double emoluments to end the practice and return all the emoluments they have so far received to the public treasury. Dr Saraki can start by putting pressure on the governor of Kwara state Mr Abdulfatah Ahmed and the state house of assembly to move swiftly to abolish the law that has facilitated the payment of the unjust pensions in the first place.”

    TheNewsGuru.com recalls that SERAP had last week in an open letter called on the Attorney-General of the Federation, Abubakar Malami (SAN) to within seven days challenge the legality of states’ laws allowing former governors to draw life pensions from their states.

    The letter dated 14 July 2017 read in part: “Public interest is not well served when government officials such as former governors, deputies supplement their emoluments in their current positions with life pensions and emoluments drawn from their states’ meagre resources, and thereby prioritising their private or personal interests over and above the greatest happiness of the greatest number.”

    “By signing such double emoluments and large benefits laws which they knew or ought to know that they would be beneficiaries, these former governors have abused their entrusted public functions and positions, and thereby obtained an undue advantage, contrary to article 19 of the UN Convention against Corruption.”

    “These states’ laws allowing former governors to receive life pensions either now or in the future have a discriminatory purpose that involves an intent to discriminate against ordinary workers and pensioners. Such laws enhance the economic status of public officials and their families at the expense of the citizens that they are elected to serve, have no legitimacy at all, and cannot be justified either on legal or moral grounds.”

    “SERAP is concerned that such laws have either the purpose or the effect of denying the citizens their right to the enjoyment of their commonwealth, and as such, prolonging the existing and entrenched poverty-gaps across the country. The implementation of these laws will continue to lock the citizens, especially the most marginalized and vulnerable groups, into lives of deprivation and hopelessness.”

    “SERAP holds the firm view that there are clear causal and consequential links between implementation of unfair life pensions’ laws for former governors and violation of human dignity of citizens. Such laws deprive citizens of resources, capabilities, freedoms and choices necessary for the enjoyment of an adequate standard of living and sustainable livelihood.”

    “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.”