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  • SERAP drags Dogara to UN over bill to crackdown on civil societies

    SERAP drags Dogara to UN over bill to crackdown on civil societies

    Socio-Economic Rights and Accountability Project (SERAP) has sent an urgent appeal to three UN Special Rapporteurs urging them to “put meaningful pressure on the leadership of the National Assembly in Nigeria particularly the Speaker of the House of Representatives Mr Yakubu Dogara to immediately withdraw the repressive bill to establish a commission that would monitor, supervise, de-register, and pre-approve all activities by civil society, labour, community based organizations, and the media, in the country.”

    Speaker Dogara The urgent appeal dated 28 July 2017 was sent to Ms Annalisa Ciampi, Special Rapporteur on the rights to freedom of peaceful assembly and of association; Mr Michel Forst, Special Rapporteur on the situation of human rights defenders; and Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.

    SERAP also urged the Special Rapporteurs to “prevail on the Acting President Professor Yemi Osinbajo to decline to sign the bill into law; and on the House of Representatives and the Senate to exercise their legislative powers for good governance, and ensure a safe and enabling environment for civil society organizations both in practice and rhetoric, in line with the 1999 Constitution of Nigeria (as amended) and the government’s international human rights obligations and commitments.”

    The organization said, “the sole objective of the House of Representatives is to weaken and delegitimize the work of independent and credible civil society. If adopted, the bill which is copied from repressive countries like Somalia, Ethiopia and Uganda, would have a chilling effect not only on expressions of peaceful dissent by the citizens but also on the legitimate work of NGOs and individual human rights defenders and activists scrutinizing corruption in the National Assembly and exposing human rights violations by the government.”

    The urgent appeal signed by SERAP executive director Adetokunbo Mumuni read in part: “the bill (sponsored by Umar Buba Jibril Deputy Leader, PDP: Kogi State), if passed by the House of Representatives and the Senate of Nigeria and signed into law by Acting President Professor Yemi Osinbajo, would severely curtail the rights of all Nigerians to freedom of expression and freedom of peaceful assembly and association in the country.”

    “SERAP is seriously concerned that the bill is by far the most dangerous piece of legislation in the country in terms of its reach and devastating consequences not only for the work of civil society but also the effective enjoyment of constitutionally and internationally recognized human rights of the citizens. The bill will devastate the country’s civil society for generations to come and turn it into a government puppet.”

    “The bill is a further path of closing civic space in the country, something witnessed only under military regimes, and has no place in a democratic Nigeria. The bill is entirely unnecessary, as the work of civil society is already sufficiently regulated under existing legislation, including the Companies and Allied Matters Act, Economic and Financial Crimes Commission (EFCC) Act, the Independent Corrupt Practices and Other Related Offences Commission (ICPC) Act and other similar legislation.”

    “SERAP is also concerned that the proposed bill is coming at a time the members of the Senate and House of Representatives are proposing amnesty and immunity for themselves against prosecution for corruption and other economic crimes; and the government is proposing a social media policy to restrict and undermine citizens’ access to the social media ahead of the general elections in 2019.”

    “By including civil society in general, the bill will also undermine both section 22 of the 1999 Nigerian constitution and article 13 of the UN Convention against Corruption, both of which have given the media a critical role to ensure that the government, at all levels, is accountable to the citizenry.”

    “The bill would subject Nigerians and civil society to extensive government control and interference that it would negate the very essence of the constitutionally and internationally recognized rights to freedom of expression, association and peaceful assembly. The bill also raises serious concerns about the commitment of Nigerian lawmakers and the government to good governance and basic freedoms in a democratic society.”

    “SERAP fears that the overbearing bill would inhibit and obstruct the ability of Nigerians to work collectively through local and international organizations on any human rights, transparency and accountability research or advocacy that may be deemed contrary to “the national interest” of Nigeria, or not “consistent with the programmes of government.”

    “The provisions of the bill are also not subject to any judicial oversight. SERAP believes that independent groups and activists should have space to carry out their human rights and anti-corruption work without fear of reprisals, such as losing their registration or being sent prison.”

    “Apart from the Nigerian Constitution, article 22 of the International Covenant on Civil and Political Rights and article 10 of the African Charter on Human and Peoples’ Rights to which Nigeria is a state party guarantee the rights to freedom of expression, association and peaceful assembly.

    The African Commission on Human and Peoples’ Rights has made clear that the charter does not allow governments to “enact provisions which would limit the exercise of this freedom.” The African Commission has consistently criticised restriction on the work of civil society.”

    “SERAP is concerned that by proposing this bill, Nigeria’s parliament is trying to immune itself from public criticism and scrutiny. If this bill is passed into law, good governance, the rule of law and respect for human rights of Nigerians would become a farce in the country. By gagging civil society from criticising the National Assembly and the government, the bill will undercut the rule of law, shrink civic space, and expose vulnerable Nigerians to greater level of injustice and repression.” “Civil society groups have play a key role in holding government and parliaments accountable but without a strong civil society in Nigeria, the problem of high-level official corruption and other cases of violations of human rights would go unaddressed, and perpetrators would continue to enjoy impunity.”

    SERAP therefore urged the Special Rapporteurs to: publicly condemn the bill and hold that it is inconsistent and incompatible with Nigeria’s international obligations to respect, protect, promote and fulfil the citizens’ rights to freedom of expression, association and peaceful assembly and ask the authorities should use and rely on existing legislation which already regulate the work of these groups; and to urge the House of Representatives and Senate not criminalize Nigerians simply for exercising their rights to freedom of expression, association and peaceful assembly.

    It would be recalled that the House of Representatives debated the bill known as ‘An Act to provide for the establishment of Regulatory Commission for the Supervision, Coordination and Monitoring of NGOs, CSOs and Communities Based Organizations in Nigeria’.

    The bill will establish a commission responsible only to the president and the senate. Under section 7, the commission will monitor and supervise these groups supposedly to “ensure that they accomplish their missions according to law” and under section 26, strictly “in line with the programmes of government.” Section 8 of the bill even goes further by empowering the commission to coordinate the work of all national and international NGOs in the country. All groups must register with the commission and submit their annual reports for discussion and governmental approval.

    The commission may take any punitive action against civil society and “do all such things incidental to its functions” under the Act. Section 10 establishes ‘a documentation center’ to which all civil society groups must submit the list of their activities and other information that may be required or prescribed. Section 11 then requires submission of all proposed activities by civil society for approval. Section 12 requires registration of all civil society organizations on the payment of unspecified fees and other fees as the commission may require or prescribe. But registration may be turned down, as stated under section 13.

    Registration is valid for only 24 months and renewable, subject to conditions as may be prescribed. Registration may also be denied if the activities of civil society groups are not in line with “national interest”. Operations of the groups will be terminated without any such registration. Under section 19, workers of the groups must apply for work permits. The groups can only appeal to “a minister” if they are dissatisfied with the application of any of the provisions of the Act, as provided for under section 19.

    The bill in section 24 criminalizes behaviour that is inherently legitimate by prescribing severe criminal penalties, including fines of N500,000 or 18 months imprisonment or both, for operating without registration under the bill. Under section 26, any such person will be banned for 10 years from doing any civil society work. The combined effect of sections 25 and 26 is that no civil society group will be able to carry out any activity without first seeking and obtaining a ministerial approval.

  • SAN’s frustrating corruption cases should be denied appearance in court – Sagay

    Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay has said senior advocates of Nigeria (SANs) frustrating high-profile corruption cases should be denied the right of appearance.

    Sagay said this on yesterday at a media roundtable organised by Socio-Economic Rights and Accountability Project (SERAP) in Lagos.

    He said SANs have “turned obstruction and frustration of proceedings on high-profile corruption cases into an art.”

    “In cases requiring appeal, the authorities must apply for leave to appeal out of time, and prepare evidence and legal arguments thoroughly, including by inviting consultants to advise,” he said.

    “Prosecuting authorities must insist on full application of sections 306 and 396 of the Administration of Criminal Justice Act, namely: No stay of proceedings under any circumstances – S. 306. Any preliminary objection must be taken together with the substantive issue – S. 396(2), and hearings shall be on a daily basis, but in exceptional cases, adjournments not to be in excess of 14 working days, may be granted. Such adjournments not to exceed five in any proceedings – S. 396 (3) and (4).

    “A high court judge who is elevated whilst presiding over a criminal case should be allowed to conclude the case without any effect on his new status.

    “The heads of various courts in the country should be sensitised about the very critical nature of the fight against high-level official corruption to Nigeria’s development and the welfare of its peoples.

    “Pending the establishment of a special crimes court for the whole country, criminal divisions should be created in the federal and state high courts. Specially vetted and selected judges, known for integrity and self-discipline should be posted to man such courts.

    “All suspected proceeds of crime should be placed under temporary forfeiture during the trial of a high-profile person. Prosecuting authorities should resort to non-conviction based asset forfeiture, where proof beyond reasonable doubt is difficult to achieve because of technicalities.”

  • Sue ex-govs now senators, ministers over N40bn double pay, life pensions, SERAP tells FG

    Sue ex-govs now senators, ministers over N40bn double pay, life pensions, SERAP tells FG

    Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to the Attorney-General of the Federation and Minister of Justice Mr. Abubakar Malami, SAN urging him to use his “good offices as a defender of public interest, and exercise your powers under Section 174(1) of the Constitution of Nigeria 1999 (as amended), 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.”

    The organization also asked Mr Malami to “seek full recovery of over N40bn of public funds that have so far been received from those involved; and to begin to take these steps within 7 days of the receipt and/or publication of this letter, failing which SERAP will institute legal proceedings to compel the discharge of constitutional duty and full compliance with Nigeria’s international anti-corruption obligations and commitments.”

    In the letter dated 14 July 2017 and signed by SERAP executive director Adetokunbo Mumuni the organization said that, “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.”

    The letter read in part: “SERAP considers double emoluments for serving public officials unlawful, as the laws granting those benefits take governance away from the arena of public interest, and creates the impression that former governors acted contrary to the best interests of the general public. Double emoluments and large severance benefits for former governors now serving public officials constitute a blatant betrayal of public trust.”

    “SERAP is concerned that several serving senators and ministers are receiving salaries and life pensions running into billions of naira from states that are currently unwilling or unable to pay their workers’ salaries. Public office is a public trust, and as such, citizens depend upon their governors, senators and ministers to act in the public interest, not for their own or another’s profit or benefit.”

    “Under the UN Convention against Corruption to which Nigeria is a state party, it is forbidden for any public official to engage in self-dealing, and place him/herself in a position of conflicting interests, and to hold incompatible functions or illicitly engage in providing to him/herself emoluments deemed unacceptable under international law. This is a clear case of the former governors placing their private or personal interests over and above their entrusted public functions, and unduly influencing the level of benefits they receive.”

    “SERAP argues that 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 convention.”

    “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 convention.”

    “The double emoluments and large severance benefits laws also violate the conflicts of interest provisions of the convention. The fact that these laws are signed by former governors in the exercise of their functions as public officials and now benefiting from the entitlements under such laws while serving as senators and ministers raises serious conflict of interest issue under paragraph 5 of article 8 of the convention.”

    “We believe that the current Code of Conduct for Public Officials Act is outdated and entirely inconsistent and incompatible with the object and purpose of the UN Convention against Corruption, which requires Nigeria to adopt a comprehensive code of conduct for the performance of public functions and implicitly to prohibit double emoluments and large severance benefits for public officials such as former governors.”

    “SERAP notes the resolution of the UN General Assembly to the effect that every state has the duty to carry out in good faith its obligations arising from treaties and other sources of international law, and it may not invoke provisions in its constitutions or its laws as an excuse for failure to perform this duty.”

    “As such, your government is mandated to challenge the legality of double and large emoluments states’ laws and bring them in line with Nigeria’s international obligations including under the convention. 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.”

    “The UN Legislative Guide to the convention provides that where there are gaps between national laws (including constitutions) and international obligations, states must meet more onerous standards of integrity, honesty and responsibility among their public officials. SERAP is seriously concerned that conflicts of interest, as well as perceptions of such conflicts, undermine public confidence in the integrity and honesty of high-ranking public officials.”

    “According to our information, those who currently receive double emoluments and large severance benefits from their states include: Dr. Bukola Saraki (Kwara); 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); Ms Biodun Olujimi (Ekiti); Enyinaya Harcourt Abaribe (Abia); Rotimi Amaechi (Rivers), Kayode Fayemi (Ekiti); Chris Ngige (Anambra); and Babatunde Fashola (Lagos).”

    “SERAP notes that 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 N2.5m as pension (about N30m pension annually); free medicals including for his immediate families; 10 percent house maintenance; 30 percent car maintenance; 10 percent entertainment; 20 percent utility; and several domestic staff.”

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

    “In Akwa Ibom, state law provides for N200m annual pay to ex-governors, deputies; pension for life 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 N100m for the governor per annum and N50m for the deputy governor; a five-bedroom mansion in Abuja and Akwa Ibom and allowance of 300 percent of annual basic salary for the deputy governor; 300 percent of annual basic salary every four years and severance gratuity.”

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

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

  • Retrieve N40bn received by ex-governors as pension, SERAP tells FG

    Retrieve N40bn received by ex-governors as pension, SERAP tells FG

    The Socio-Economic Rights and Accountability Project (SERAP) has urged the Federal Government to recover the more than N40 billion so far received by ex-governors currently serving as senators and ministers.

    A statement by Executive Director, SERAP, Mr Adetokunbo Mumuni, on Sunday said the politicians were already enjoying pensions and other privileges and ought not to receive further emoluments from the Federal Government.

    It said that it had dispatched a letter to the Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, to initiate steps toward the recovery of the funds.

    “We urged Malami to urgently institute appropriate legal actions to challenge the legality of states’ laws permitting former governors currently serving as senators and ministers to enjoy serving governors’ emoluments as pensions.”

    The organization expressed concern that many serving senators and ministers were receiving salaries and life pensions running into billions of naira from states that were currently unwilling or unable to pay workers’ salaries.

    It said that double emolument and large severance benefits for former governors now serving public officials constituted a blatant betrayal of public trust.

    It listed the beneficiaries as Dr Bukola Saraki (Kwara), Rabiu Kwankwaso (Kano), Kabiru Gaya (Kano), Godswill Akpabio (Akwa Ibom), Theodore Orji (Abia),Abdullahi Adamu (Nasarawa), Sam Egwu (Ebonyi).

    Also on the list are Shaaba Lafiagi (Kwara), Joshua Dariye (Plateau), Jonah Jang (Plateau), Ahmed Yerima (Zamfara), Danjuma Goje (Gombe), Bukar Ibrahim (Yobe), Adamu Aliero (Kebbi) and George Akume (Benue).

    Others are Biodun Olujimi (Ekiti), Enyinaya Abaribe (Abia), Rotimi Amaechi (Rivers), Kayode Fayemi (Ekiti), Chris Ngige (Anambra) and Babatunde Fashola (Lagos).

    “We are urging you to use your good offices as a defender of public interest, and exercise your powers under Section 174(1) of the Constitution of Nigeria 1999 (as amended).

    “This is for you 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.

    “SERAP is also asking you to seek full recovery of over N40bn of public funds that have so far been received from those involved.

    “We want you to begin to take these steps within seven days of the receipt and/or publication of this letter.’’

    The group said failure to do this would make SERAP to institute legal proceedings to compel the discharge of constitutional duty and full compliance with Nigeria’s international anticorruption obligations and commitments.

    SERAP noted that under the Lagos Pension Law a former governor would enjoy the following benefits for life: Two houses, one in Lagos and another in Abuja estimated to cost between N500m and N700m.

    It said they also enjoy six brand new cars, furniture allowance of 300 per cent of annual salary to be paid every two years, and a close to N2.5m monthly as pension (about N30m pension annually).

    It said he was also entitled free medicals with his immediate families as well as house maintenance, car maintenance, entertainment and utility allowances inadditon to several domestic staff.
    It said in Rivers, the law provided 100 per cent of annual basic salaries for ex-governor and deputy, one residential house for former governor anywhere of his choice and one residential house for the deputy.

    It said three cars were given to the ex-governor every four years; two cars for the deputy, 300 per cent of annual basic salary for furniture; and 10 per cent of annual basic salary for house maintenance.

    It said Akwa Ibom law provided N200m annual pay to ex governors, deputies; pension for life at a rate equivalent to the salary of the incumbent governor/deputy governor respectively.

    It said a new official car and utility-vehicle , one personal aide and provision of adequate security; a cook, chauffeurs and security guards were provided for the governor.

    Others benefits include free medical services for governor and spouse at an amount not exceeding N100m for the governor per annum and N50m for the deputy governor.

    It said the law also gave a five-bedroom mansion and allowance of 300 percent of annual basic salary for the deputy governor; 300 percent of annual basic salary and severance gratuity.

    It said the Kano State Pension Rights of Governor and Deputy Governor provided for 100 percent of annual basic salaries for former governor and deputy as well as furnished and equipped office.

    It said it also provided for a 6-bedroom house; well-furnished 4-bedroom for deputy, plus an office; free medical treatment for self and immediate families, two drivers; and a provision for a 30- day vacation within and outside Nigeria.

    It said Gombe law gave N300 million executive pension benefits for the ex-governors while Kwara law gave a former governor two cars and a security car replaceable every three years.

    The act also provided for a well-furnished 5-bedroom duplex, 300 per cent of his salary as furniture allowance and five personal staff.

    The ex-governor and his deputy are also entitled to free medical care, 30 per cent of salary for car maintenance, 20 per cent for utility, 10 per cent for entertainment; 10 per cent for house maintenance.

    SERAP said in Zamfara , former governors received pension for life, two personal staff, two vehicles replaceable, two drivers and free medical treatment for them and their immediate families in Nigeria or abroad.

    Ex-governors in the state are also entitled to a 4-bedroom house in Zamfara, an office, free telephone and 30 days paid vacation outside Nigeria.

    It said the Sokoto State law gave former governors and deputy governors N200 million and N180million respectively being monetisation for other entitlements which included domestic aides, residence and vehicles that could be renewed after every four years.

  • Court orders FG to publish names of suspected looters

    Court orders FG to publish names of suspected looters

    A Federal High Court sitting in Lagos on Wednesday ordered the Federal Government to “immediately release to Nigerians information about the names of high ranking public officials from whom public funds were recovered and the circumstances under which funds were recovered, as well as the exact amount of funds recovered from each public official.”

    The judgment was delivered today by Hon Justice Hadiza Rabiu Shagari following a Freedom of Information suit number: FHC/CS/964/2016 brought by Socio-Economic Rights and Accountability Project (SERAP).

    The suit followed disclosure last year by the Federal Government of funds recovered from some high-ranking public officials and private individuals.

    In her judgment, Justice Shagari agreed with SERAP that “the Federal Government has legally binding obligations to tell Nigerians the names of all suspected looters of the public treasury past and present.” Joined as Defendants in the suit are the Minister of Information Alhaji Lai Muhammed and the Federal Ministry of Information and Culture.

    SERAP is now processing a certified true copy of the judgment.

    Timothy Adewale, SERAP deputy director who argued the case on behalf of SERAP and was in court this morning when the judgment was delivered said “This is a victory for justice, rule of law, transparency and accountability in this country.

    The judgment shows the way forward in the fight against corruption and impunity of perpetrators. We will do everything within the law to ensure full compliance by President Mohammadu Buhari and Acting President Osinbajo with this landmark judgment.

    It would be recalled that the Ministry of Information last year published details of the recoveries, which showed that the Nigerian government successfully retrieved total cash amount N78,325,354,631.82, $185,119,584.61, £3,508,355.46 and €11, 250 between May 29, 2015 and May 25, 2016.

    Also released were recoveries under interim forfeiture, which were a combination of cash and assets, during the same period: N126,563,481,095.43, $9,090,243,920.15, £2,484,447.55 and €303,399.17. Anticipated repatriation from foreign countries totalled: $321,316,726.1, £6,900,000 and €11,826.11.

    The ministry also announced that 239 non-cash recoveries were made during the one-year period. The non-cash recoveries are – farmlands, plots of land, uncompleted buildings, completed buildings, vehicles and maritime vessels.

    Subsequently, SERAP issued an FOI request and gave the Minister of Information, Alhaji Lai Muhammed 14 days to disclose the names of all suspected looters.

  • Saraki’s acquittal: SERAP seeks UN-backed Commission against Impunity in Nigeria

    Socio-Economic Rights and Accountability Project has faulted the acquittal of Senate President Bukola Saraki at the Code of Conduct Tribunal charges, saying the acquittal “suggest serious shortcomings” in Nigeria’s criminal justice system.

    The CCT on Wednesday dismissed the 18-count of false asset declaration against Saraki following his no-case submission. But SERAP, in a statement by its deputy director Timothy Adewale on Thursday, said that the acquittal seriously weakened the notion that high-ranking public office holders accused of corruption would be held accountable.

    It said, “The acquittal yesterday of the Senate President Bukola Saraki at the Code of Conduct Tribunal (CCT) of corruption charges suggests serious shortcomings in the criminal justice system, and means that a complementary and supportive mechanism in the form of a UN-backed commission against corruption and impunity in Nigeria is urgently needed to achieve President Muhammadu Buhari’s oft-stated anti-corruption agenda.”

    SERAP, therefore, urged the Acting President, Professor Yemi Osinbajo, “to urgently and proactively pursue the establishment of a UN-backed International Commission Against Corruption and Impunity to assist our criminal justice system to effectively and efficiently investigate and prosecute high-level corruption cases in the country, like it happened in Guatemala, for example. This government needs help in its fight against corruption, and strong leadership is now needed to urgently design a complementary and supportive plan.”

    According to SERAP, a UN-backed commission would help to improve our criminal justice system in the short, medium and long terms so that it would be better able to prosecute complex grand corruption cases.

    The group further argued that the Commission would also meet the longstanding and legitimate demands of the Nigerian people for vigorous and meaningful action against corrupt leaders, past or present.

    “Supporting a strong partnership between Nigerian prosecutors and international law enforcement experts would show that the authorities have the ability and political will to chip away at the country’s corruption and impunity of perpetrators, and help address Nigerians’ scepticism about the viability of the anti-corruption agenda.

    “Further, to end a culture of corruption and impunity of perpetrators, we urge the Attorney General of the Federation and the Minister of Justice Mr Abubakar Malami, SAN to urgently take over the prosecution of the corruption case against Mr Saraki by ensuring that the CCT decision is urgently appealed and that the case is diligently prosecuted within the limits of the rule of law.

    “The outcome of the Saraki’s case sends a damaging message that suspected corrupt leaders can get away with their crimes while keeping their stolen assets. Many would-be corrupt leaders may now see engaging in acts of corruption a risk worth taking.

    “The Guatemalan commission established by the UN in 2006 has a strong record of fighting organised crime and high-level corruption and the Nigerian authorities can learn valuable lessons from its operation and achievements in the efforts to take the fight against corruption in this country to another level.”

  • Corruption: Cape Verde, Zambia battle FG at African court over SERAP’s case

    Corruption: Cape Verde, Zambia battle FG at African court over SERAP’s case

    There was a “David and Goliath” type court battle last week before the African Court on Human and Peoples’ Rights when Cape Verde and Zambia confronted Nigeria and Uganda over a corruption case instituted by Socio-Economic Rights and Accountability Project (SERAP) before the court.

    SERAP had in the suit No. 001/2013 sought an advisory opinion from the African court to decide whether or not “the growing poverty, under-development and grand corruption in Nigeria and elsewhere in Africa amount to violations of the human rights guaranteed under the African Charter on Human and Peoples’ Rights, and if so, whether the citizens of these countries are entitled to bring cases to seek justice before the court.”

    SERAP had argued that, “Human rights should not be the preserve of the rich and wealthy, and that human rights contained in the African Charter are not indifferent to the plight of those who live in poverty. Poverty is not just an economic or developmental matter but also a crucial human rights issue, and that poverty is not an inevitable problem but something created, enabled and perpetuated by acts and omissions of States and other economic actors.”

    The court, for the first time, clarified its position on advisory opinion requests by NGOs. The court sought the views of African Union members, including Cape Verde, Zambia, Nigeria and Uganda on the matter, and whether SERAP was competent to bring the suit. However, while Cape Verde and Zambia staunchly backed and defended SERAP’s position, Nigeria opposed it. Uganda aligned with Nigeria while Burkina Faso and Burundi did not provide any observations.

    The court, agreeing with Nigeria and Uganda, concluded that it had no jurisdiction to render an advisory opinion on the SERAP’s Request. The court said while it agreed that SERAP is an “African organization” under its protocol, the organization does not have an observer status with the AU, and as such, cannot bring the Request for an advisory opinion before it.

    Adetokunbo Mumuni, SERAP executive director said: “We thank Cape Verde and Zambia for bringing useful clarity on the correct position of the law on the matter. Unfortunately, the opposition by Nigeria to the case influenced Uganda to take a wrong turn, and effectively turned the court’s decision on its head. Nevertheless, we accept the decision and will pursue an observer status application before the AU.”

    Mumuni added, “The Acting President Professor Yemi Osinbajo would do well to urgently instruct the Attorney General of the Federation and Minister of Justice Abubakar Malami, SAN to file a declaration under the court protocol that would now allow individuals and NGOs direct access to the court, if the government is to correct this historic failure of leadership, and show that it’s truly committed to the fight against corruption and promotion of human rights in the country.”

    The Cape Verde archipelago, 370 miles (600km) off Senegal, is made up of 10 islands. Around 500,000 people live there.

    Cape Verde had argued that, “the Request may, a priori, raise the issue as to SERAP’s legitimacy to make such a Request before the Court. It’s clear that SERAP is a Nigerian NGO whose aim is to promote transparency and accountability in the public and private sectors through human rights. It would appear, then, that SERAP is an African organization, and thus precludes the provisions of Article 4 of the court’s protocol, which stipulates that it must be an intergovernmental organization.”

    Cape Verde also argued that, “Our government also believes that SERAP is an organization recognized by the AU, as the organization enjoys observer status before the African Commission on Human and Peoples’ Rights. It would appear reasonable to us to conclude that SERAP is therefore recognized by the AU by virtue of having been granted observer status before an organ established by the Union.”

    But Nigeria opposed Cape Verde, arguing that, “SERAP is not an African organization. Also, there’s a clear distinction between the AU and an organ of the AU. Recognition by an organ of the AU is not the same as recognition by the AU. Article 34(6) of the court’s protocol has therefore effectively barred the court from entertaining the request from SERAP, being an NGO registered in Nigeria.”

    However, Zambia countered Nigeria’s position by arguing that, “SERAP appears on the list of civil society organizations which have been granted observer status by the [African Union Commission] under the auspices of the AU. This fact implies recognition by the AU. Consequently, SERAP has, for purposes of requesting for advisory opinions of the court, the requisite legal standing.”

    Zambia further argued that, “in considering the Request by SERAP, the court must first determine whether or not SERAP is entitled to bring a request before it. Our government concludes that SERAP falls within the category of institutions permitted to request advisory opinion of the African Court, as per Article 4(1) of the court’s protocol, and rule 68(1) of the Rules of Court.”

    But Uganda disagreed, aligning itself with Nigeria when it argued that, “SERAP, with due respect, did not show how it has been aggrieved or how the African Charter has been violated. For these reasons, the court is implored to find that there is no need for an Advisory Opinion and thus disallow the request.”

    According to Uganda, “SERAP does not qualify as an intergovernmental organization under the court protocol. The court should disallow the Request. The court is not vested with jurisdiction to hear this matter. We invite the court to find that the matter before it needs interpretation of both law and fact.”

    The court acknowledged that, “In the exercise of its mandate, SERAP has brought cases, petitions and requests for advisory opinion before the ECOWAS court, the African Commission on Human and Peoples’ Rights and the African Court, against a number of African countries, including, Nigeria, The Gambia and Libya. Therefore, SERAP operates not only in Nigeria, but also within the West Africa region and the continent as a whole, and thus meets the description of an African organization within the meaning of article 4 of the protocol.”

    But the court reasoned that, “in describing the African organizations empowered to bring requests for Advisory Opinion before this court, the same Protocol makes reference only to organizations recognized by the AU and says nothing about those recognized by any organ of the AU. Had the authors of the Protocol wanted to also target African organizations recognized by any organ of the AU, they would certainly not have hesitated to make this clear.”

    The court added, “Since SERAP does not have observer status before or a Memorandum of Understanding with the AU, it is not recognised by the latter, and therefore it is not entitled to bring a request for advisory opinion before this Court. For these reasons, the Court, unanimously: Declares that it does not have personal jurisdiction to give an opinion on the present Request.”

    The court concluded that, “a request for observer status must be submitted to the African Union Commission which then submits it to the Executive Council. It is the Executive Council that is vested with power to grant, suspend or withdraw observer status from an NGO.”

    The amicus curiae in the case included the Centre for Human Rights, University of Pretoria, Amnesty International and the Human Rights Implementation Center of the University of Bristol UK. They had also argued that, “the court has jurisdiction to provide advisory opinions on the request of NGOs, such as SERAP, within the meaning of article 4 of its protocol, and this is because SERAP meets all the requirements of the third category of entities that may request for advisory opinion from the court, that is, ‘any African organization recognized by the AU.”

     

     

  • CCT Judge queries use of public funds to buy vehicles for politicians

    CCT Judge queries use of public funds to buy vehicles for politicians

    Hon. Justice Agwadza William Atedze of the Code of Conduct Tribunal (CCT) has queried the use of public funds to buy vehicles for politicians, and counselled Socio-Economic Rights and Accountability Project (SERAP) to research the issues “to see how best we can reconcile our social and cultural values viz-a-viz the entire war against corruption and advise our policymakers accordingly.”

    Justice Atedze said this yesterday at the launch of SERAP’s latest report titled Combating Grand Corruption and Impunity in Nigeria: An Agenda for Institutional Reforms in Anti-Corruption Strategies. The report is published under a project to promote justice sector and anti-corruption oversight mechanism reform, which SERAP is undertaking in collaboration with the National Endowment for Democracy (NED), USA.

    Apart from Justice Atedze who represented the Chairman of the CCT, Hon. Justice Danladi Yakubu Umar at the report launch, other anti-corruption agencies that attended the event were the Economic and Financial Crimes Commission (EFCC); the Independent Corrupt Practices and Other Related Offences Commission (ICPC); and the Code of Conduct Bureau (CCB).

    Mr. Dauda Joki-Lasisi, Head of Procurement and Fraud Section of the EFCC who represented the agency at the report launch said that, “The fight against corruption can be likened to an allegory of a giant in the midst of ants, as little as an ant is, it may not be able to wear the trouser of a giant, but will remove it.”

    The Head of ICPC Lagos Office Mr. Olufemi Nofiu; and Mr. T. Collins who represented the Chairman of the CCB, Mr. Sam Saba echoed similar sentiments, promising to “do anything and everything within their powers to curb corruption in the country in its entirety.”

    All the anti-graft agencies renewed their commitment to work even harder to end the problem of grand corruption in the country, and end its devastating consequences.

    Chairman of the report launch Barrister Babatunde Ogala said that, “Corruption is simply a way of life for us all, it is deep, when you steal as a religious institution, you are as corrupt as any Nigerian. In my opinion, corruption is both cultural and religious, corruption is as big as this country, the way of curbing it is by changing our national orientation.”

    Barrister Ogala, who was former Chairman of the Lagos State House of Assembly Committee on Judiciary, also said that, “The EFCC ought to have offices even at the local government level. The society itself encourages and invests in corruption. As a legislator, I was constantly measured by what I did for individuals and not by the amount of law making I engaged in.”

    The report contains several recommendations among which is the call to the Chief Justice of Nigeria (CJN), Hon Justice Walter Onnoghen, to “ensure that all judges fully utilise the provisions of the Administration of Criminal Justice Act (ACJA) in the hearing of grand corruption cases before them.”

    Among other key recommendations, the report urges Justice Onnoghen to “ensure that judges, in situations where the ACJA rules apply, are made to follow the dictates of these innovative statutory interventions or face disciplinary action, and to incorporate into ongoing judicial trainings these crucial statutes and procedures as well as include the ACJA as part of the mandatory continuing legal education for all judges in Nigeria.”

    The report also recommends that “The Chief Justice and all other judges should also periodically disclose and publish their assets. The Chief Justice should promote full independence for the National Judicial Council including by allowing retired judges of proven integrity to lead the council.”

    Executive summary of the report read in part: “Corruption is a threat to democracy. It erodes confidence in and respect for democratic institutions and emerges as an obstacle to social, economic and human development. The fight against corruption is therefore crucial to achieve economic development and stability.”

    “Anti-corruption agencies in Nigeria generally have not met widespread expectations mainly because of lack of political will of those in government to fight grand corruption; absence of an over-all national anti-graft strategy; inadequate legal framework and resources and/or lack of full and effective implementation of new initiatives; limited independence and public trust; lack of an enabling climate and necessary know-how, and lack of basic ethical values.”

    “Anti-graft agencies should seek stiffer penalties for convicted corrupt officials and minimise the use of plea bargaining, to serve as deterrence; and the judiciary at all levels should assume leadership in this regard.”

    “The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should instruct the Attorney General of the Federation and Minister of Justice Abubakar Malami, SAN to urgently ensure the full and effective implementation and enforcement of the Practice Directions on Serious Crimes, 2013, and the ACJA Act 2015 in all courts and tribunals handling cases of grand corruption to ensure that stalling of prosecution by defence lawyers becomes history.”

    “The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should reform the anti-graft agencies in Nigeria with a view to granting them independence, freedom of action and adequate resources, so that they can carry out their mandates effectively.”

    “The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should instruct anti-corruption agencies to urgently publish reports of their investigations into the allegations of budget padding by the leadership of the National Assembly and to prosecute anyone suspected to be involved in grand corruption. President Buhari and Acting President Osinbajo should also ensure adequate protection for the Whistle-blower Abdulmumin Jibrin.”

    “The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should prioritise and give sufficient political and operational attention to the coordination of anti-corruption efforts, with coordination issues considered from the design stage of anti-corruption policy making, as many coordination efforts in the operations of anti-corruption agencies in Nigeria have failed because of their original design flaws.”

    “The EFCC and ICPC should urgently come up with strategies for prioritising corruption cases within states and local government levels. Corruption should not only be fought at the Federal level but also at the state and local government levels.”

    “The EFCC and ICPC should intensify processes to investigate and effectively prosecute state officials involved in diverting bailout funds”.

  • Buhari’s anti-corruption war on track – SERAP

    The Socio-Economic Rights and Accountability Project (SERAP), has said the anti-corruption war of the President Muhammadu Buhari-led administration is on track.

    This was revealed by the Executive Director of SERAP, Mr Adetokunbo Mumuni.

    Mumuni spoke in Lagos on Wednesday at the launch of SERAP’s latest report titled, “Combating Grand Corruption: An Agenda for Institutional Reforms in Anti-corruption Strategies”.

    He faulted claims in some quarters that the anti-graft campaign was selective, saying anyone who flouted the nation’s laws was supposed to face the music.

    Mumuni said :”This is my professional opinion as a lawyer and social rights campaigner. I believe that the war against corruption by this administration is on track.

    “Until Buhari came along, nobody knew how much of our money was being stolen, especially in the guise of buying weapons to combat insurgency.

    “So, it does not really matter if you belong to the All Progressives Congress or the Peoples Democratic Party; if you cannot account for over 2 billion dollars, then you deserve to face prosecution.”

    He explained that corruption eroded confidence in, and respect for democratic institutions, and was as an obstacle to social, economic and human development.

    Mumuni said the anti-corruption agencies in Nigeria, however, face challenges of inadequate legal framework and resources.

    As part of SERAP’s recommendations, he urged government at all levels to provide stronger and more concerted approach to tackling grand corruption in Nigeria.

    Mumuni urged the Attorney General of the Federation and those of the states to seek stiffer penalties for convicted corrupt officials and to minimise the use of plea bargaining to serve as deterrent.

    Also speaking, Dr Olajumoke Akiode, Director, Centre for Ethics and Sustainable Development, called for attitudinal change in the fight against corruption.

    “Until the citizens come together and say `enough is enough` , we cannot win this fight against corruption,” she said.

    On his part, Mr Babatunde Ogala, a former member of the Lagos State House of Assembly, noted that undue pressure placed on politicians by their constituents had also contributed to widespread corruption in the country.

    Ogala said, ” Nigerian politicians are not measured by what they contribute to good governance but the assistance rendered to various individuals in their constituencies.

    “So, the society itself invests in corruption and that it why a collective effort is required to address this issue.”

     

     

     

  • FG’s anti-corruption war on track – SERAP

    FG’s anti-corruption war on track – SERAP

    Mr Adetokunbo Mumuni, Executive Director, Socio-Economic Rights and Accountability Project (SERAP), says the anti-corruption war of the President Muhammadu Buhari-led administration is on track.

    Mumuni spoke in Lagos on Wednesday at the launch of SERAP’s latest report titled, “Combating Grand Corruption: An Agenda for Institutional Reforms in Anti-corruption Strategies”.

    He faulted claims in some quarters that the anti-graft campaign was selective, saying anyone who flouted the nation’s laws was supposed to face the music.

    Mumuni said :”This is my professional opinion as a lawyer and social rights campaigner. I believe that the war against corruption by this administration is on track.

    “Until Buhari came along, nobody knew how much of our money was being stolen, especially in the guise of buying weapons to combat insurgency.

    “So, it does not really matter if you belong to the All Progressives Congress or the Peoples Democratic Party; if you cannot account for over 2 billion dollars, then you deserve to face prosecution.”

    He explained that corruption eroded confidence in, and respect for democratic institutions, and was as an obstacle to social, economic and human development.

    Mumuni said the anti-corruption agencies in Nigeria, however, face challenges of inadequate legal framework and resources.

    As part of SERAP’s recommendations, he urged government at all levels to provide stronger and more concerted approach to tackling grand corruption in Nigeria.

    Mumuni urged the Attorney General of the Federation and those of the states to seek stiffer penalties for convicted corrupt officials and to minimise the use of plea bargaining to serve as deterrent.

    Also speaking, Dr Olajumoke Akiode, Director, Centre for Ethics and Sustainable Development, called for attitudinal change in the fight against corruption.

    “Until the citizens come together and say `enough is enough` , we cannot win this fight against corruption,” she said.

    On his part, Mr Babatunde Ogala, a former member of the Lagos State House of Assembly, noted that undue pressure placed on politicians by their constituents had also contributed to widespread corruption in the country.

    Ogala said, ” Nigerian politicians are not measured by what they contribute to good governance but the assistance rendered to various individuals in their constituencies.

    “So, the society itself invests in corruption and that it why a collective effort is required to address this issue.”