Tag: SERAP

SERAP urges Buhari to refer high-profile corruption cases to ICC

Following a string of court rulings against high-profile corruption cases last week, Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “adopt a revolutionary approach to his government’s fight against corruption by referring high-level official corruption cases to the International Criminal Court for investigation and possible prosecution.”

The organization said, “As a state party to the Rome Statute of the International Criminal Court, the government should also consider drawing from the expertise, experience, and international best practices of the court to complement the mandates and powers of our anti-corruption agencies and judiciary to successfully and satisfactorily investigate, prosecute and hear high-profile corruption cases.”

In a statement dated 9 April 2017 and signed by SERAP deputy director Timothy Adewale the organization said that, “The latest setbacks in the prosecution of high-profile corruption cases show the need for effective enforcement measures to weed out, expose, and punish grand corruption in the country. Referring large-scale corruption cases to the International Criminal Court would in the short-medium term improve deterrence, and at the minimum demonstrate a symbolic commitment to confront grand corruption head on.”

According to the organization, “Referral to the ICC should be considered as a stop-gap measure, and as part of an all-embracing strategy that would inevitably require a fundamental reform of the criminal justice system and the strengthening and empowerment of the country’s anticorruption agencies.”

The statement read in part: “SERAP argues that corruption by high-ranking officials and their families and associates is an international crime, especially given the sheer amounts of national wealth involved, and the devastating effects of such plundering, including political instability, weak rule of law, and destruction of the country’s economy.”

“Without effective investigation and prosecution of high-ranking public officials charged with corruption, and a judiciary that is willing and able to satisfactorily play its own interpretative role, this government’s fight against corruption may sadly turn out to be all motion and no movement, and this will eventually undermine the legitimacy of the anticorruption efforts.”

“SERAP believes that radical and more robust criminal enforcement measures are necessary to appreciably improve anti-corruption efforts, including by equipping, empowering and providing opportunities for training and re-training of those charged with the investigation and prosecution of large-scale corruption so that they can fearlessly, impartially, efficiently and energetically enforce anti-corruption laws and ensure justice for the countless victims of corruption in the country.”

“It should not be the case that only petty offenders are successfully prosecuted while high profile corrupt officers escape punishment and justice. Prosecuting the ‘small fry’ and leaving the ‘big fish’ to go unpunished would send a particularly damaging message about the government’s commitment to end large-scale official corruption, legitimize offenders’ impunity, and clearly violate the underlying legal and moral assumptions that a government will treat all persons equally, fairly, and with respect.”

“Effectively prosecuting high-ranking officials would help to persuade foreign jurisdictions keeping stolen public funds, and facilitate international cooperation and assistance that may lead to the recovery of such assets.”

“Efforts must also be intensified to apply stronger preventive measures to ensure that Nigerians are informed of the dangers of corruption. By ensuring that the Nigerian public views grand corruption with a ‘human face,’ the public may be more likely to build a united front and demand change from their leaders, which, in turn, would gradually strengthen Nigeria’s political will to end the problem. This is the surest way to help keep Nigeria fair, just, stable and prosperous.”

“As the situation in the country has shown, corruption is costly to good governance, human rights and national development, and leads to erosion of confidence in good governance, rule of law and economic stability. SERAP argues that grand corruption in the country violates fundamental human values, and the values protected by international human rights law, as well as negates the doctrine of fiduciary relations that obligate public officers to faithfully perform the duties of their office, and to preserve state property.”

It would be recalled that last week, a Federal High Court in Lagos issued an order unfreezing the Skye account of a former First Lady, Patience Jonathan. The EFCC had in November 2016 filed an application before the court seeking an order freezing the account. The commission had contended that the funds were reasonably suspected to be proceeds of crime. The account is said to harbour the sum of $5.8 million.

Also, Justice Abulazeez Anka of a Federal High Court in Lagos vacated a freeze order on the account of a Senior Advocate of Nigeria, after initially ordering a temporary forfeiture of N75 million found in his Guarantee Trust Bank account. Further, a High Court of the Federal Capital Territory discharged a judge of the Federal High Court in Abuja of all 18-count charges of fraud brought against him, his wife and a senior lawyer.

April 9, 2017
SERAP drags FG to court over London-Paris Club loan refunds spending

The Socio-Economic Rights and Accountability Project has filed a suit before the Federal High Court in Lagos seeking to compel the Account General of the Federation to publish the details of how the N388.304bn London-Paris Club Loan refunds was spent.

The organisation said it filed the suit marked, FCH/CS/523/17, against the backdrop of allegations that the money was diverted and mismanaged by 35 state governments.

SERAP wants the court to grant it leave to seek an order of mandamus compelling the Accountant General of the Federation, Alhaji Ahmed Idris, to compile and pass information on the spending of the N388.304bn to the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN).

It wants the AGF to, upon receiving the information from the Accountant General of the Federation, take legal action against the state governments which allegedly diverted the funds.

SERAP wants the states suspected to have diverted the money to widely publish the details of how the funds were spent, including on a dedicated website.

Its lawyer, Timothy Adewale, argued that the alleged diversion of the N388.304bn London-Paris Club loan refunds had undermined the human dignity of workers and pensioners facing difficult circumstances.

He argued that the alleged diversion had deprived workers and pensioners the capacity to fully realise their internationally recognised economic and social rights.

He added, “The allegations of corruption in the spending of the London-Paris Club loan refunds have also exacerbated poverty, social exclusion, and violated the government’s obligation to use its maximum available resources to fully realise the right of all persons especially workers and pensioners who are the most vulnerable among the population.”

The court has yet to fix any date for the hearing of the suit.

April 5, 2017
$15m Alleged Scam: Patience Jonathan withdraws libel suit against SERAP

A Lagos Federal High Court has struck out a suit former First Lady, Patience Jonathan and her group, Union of Niger Delta Youth Organisation for Equity, Justice and Good Governance brought against a civil society group, Socio-Economic Rights and Accountability Project, SERAP.

TheNewsGuru.com recalls that Mrs Jonathan and her group had sued SERAP in suit number FHC/L/CS/1349/2016 dated October 6, 2016 of “using online, print and electronic media to publish alleged unfounded and malicious allegations that she stole $15m (US) and ought to be prosecuted.”

However, TheNewsGuru.com reports that during Monday’s resumed hearing, counsel to the former First Lady informed the court that they were no longer interested in pursuing the matter, and subsequently applied to discontinue the case.

Reacting to the submission of Mrs Jonathan’s counsel, lawyer to SERAP, Timothy Adewale said, “This case should never have been brought against SERAP in the first place. The case has been a complete waste of our time.

“While we do not object to the request by the Plaintiffs’ lawyers for withdrawal of the case, we ask the Honourable Court for N500,000 as cost against Mrs Jonathan and her group.”

After listening to their arguments, the presiding judge, Justice C.M.A Olatoregun subsequently struck out the case and awarded N25,000 as cost to SERAP.

February 1, 2017
SERAP, NUJ drag FG, others to UN over crackdown on journalists, media houses

The Socio-Economic Rights and Accountability Project, SERAP and the Nigerian Union of Journalists (NUJ) have sent an urgent appeal to Mr. David KAYE, UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, requesting him to “urgently intervene to prevail on the Federal Government, the Nigerian Army, police and several state governments to end growing clampdown, intimidation and harassment of journalists, online newspapers, and bloggers.”

The urgent appeal followed the arrest the recent arrest of Dapo Olorunyomi, publisher of the online newspaper Premium Times, and the judiciary correspondent, Evelyn Okakwu.

The appeal signed by Adetokunbo Mumuni SERAP executive director and Abdulwaheed Odusile President, Nigerian Union of Journalists expressed “concern concerned about the Nigeria’s government’s erosion of media freedom and continuing readiness of its agencies and state governments to limit the operation of online newspapers and bloggers in the country.”

The appeal reads in part: “We note that under international law criticism of public measures or comment on Government action, however strongly worded, would be consistent with the fundamental right to freedom of expression, and media freedom.”

“We believe that the crackdown and the increasingly restrictive media atmosphere and impermissible restrictions to freedom of expression has damaged Nigeria’s democratic credentials and violated its international human rights obligations. The crackdown has also impeded the ability of journalists, online newspapers, bloggers and the media in general to hold government authorities to account or scrutinize their activities.”

“The arbitrary arrest of Mr Dapo Olorunyomi, publisher of online newspaper Premium Times, and the judiciary correspondent of the online newspaper, Evelyn Okakwu would seem to mark an intensification of a crackdown on media freedom that has been going on for some time now”.

“The Army had accused the online newspaper of ‘unwarranted serial provocative, unauthorised, libellous and defamatory publications against the person of Lieutenant General T.Y Buratai, the Chief of Army Staff, Nigerian Army and Nigerian Army counter insurgency operations in the North East,’ and threatened to take action against the and its publisher.”

“We argue that while public officials are entitled to protection of their reputation, including protection against defamation, as individuals who have sought to play a role in public affairs they should tolerate a greater degree of scrutiny and criticism than ordinary citizens. This distinction serves the public interest by making it harder for those in positions of power to use the law to deter or penalize those who seek to expose official wrongdoing, and it facilitates public debate about issues of governance.”

“We further note that the UN Human Rights Committee, the independent expert body that monitors state compliance with the International Covenant on Civil and Political Rights in its General Comment No. 34 states that “the value placed by the Covenant upon uninhibited expression is particularly high. The mere fact that forms of expression are considered to be insulting to a public figure is not sufficient to justify the imposition of penalties. All public figures are legitimately subject to criticism and political opposition.”

“In addition, the Human Rights Committee has said that “defamation laws must be crafted with care to ensure that they do not serve, in practice, to stifle freedom of expression. State parties [such as Nigeria] should consider the decriminalization of defamation.” We therefore believe that criminal penalties infringe on peaceful expression and are always disproportionate punishments for any perceived reputational harm.”

“We note that the legal tool that has been repeatedly used to threaten, intimidate, harass and press politically motivated charges against journalists, online newspapers and bloggers is the obnoxious and unlawful Cybercrime Act of 2015 which was signed into law by former President Goodluck Jonathan in May of that year.”

“Cyber stalking, which falls under Section 24 of the act, carries a fine of up to 7 million naira (USD$22,000) and a maximum three-year jail term for anyone convicted of knowingly sending an online message that “he knows to be false, for the purpose of causing annoyance, inconvenience danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another”.

“We further argue that the Cybercrime Act is vaguely worded, overly broad, and prone to misuse and have fact been repeatedly and arbitrarily used against journalists, online newspapers and bloggers, as the cases highlighted have shown. The use of the Cybercrime Act has created an environment of intolerance, with a chilling, inhibiting effect on freedom of thought and discussion.”

“We also argue argues that the Cybercrime Act is inconsistent with Nigeria’s international legal obligations, and undermines rather than strengthen efforts to prevent and combat corruption, and, because freedom of expression is an enabler of other rights, threaten to erode human rights protections more generally. The Cybercrime Act therefore impose limitations on expression that go beyond the restrictions that are permitted by international law and, in conflict with the Nigerian Constitution 1999 (as amended).”

“We note that the ability to practice journalism free from undue interference, to peacefully criticize government and its officials, and to express critical views is crucial to the fight against corruption, and the exercise and enjoyment of many other human rights. Freedom of opinion and expression is a cornerstone of a democratic society. It extends not only to “information” or “ideas” that are favourably received, but also to those that offend, shock or disturb.”

“We also note that Nigeria is a state party to the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights, which guarantee the right to freedom of expression and impose legal obligations on states to protect freedom of expression and information. The Nigerian Constitution of 1999 (as amended) also protects freedom of expression, and includes language that permits for limitations on that right, which broadly tracks article provisions of the Covenant and Charter,” the appeal stated.

January 23, 2017
SERAP drags FG to UN over Southern Kaduna killings

Socio-Economic Rights and Accountability Project (SERAP) has petitioned Ms. Agnes Callamard, Special Rapporteur on extra-judicial, summary or arbitrary executions, urging her to “prevail on the Nigerian authorities to halt further killings of innocent citizens in Southern Kaduna.”

The group also demanded investigation into recent alleged killing of over 800 citizens, mostly women, children and the elderly in that part of the country by suspected herdsmen, and to identify the perpetrators and bring them to justice, and to provide reparations to victims.

The organization also asked Ms. Callamard to “request to visit Nigeria to conduct fact-finding mission into the circumstances surrounding the killings.”

In the petition dated 30th December, 2016 and signed by SERAP executive director, Adetokunbo Mumuni, the organization expressed “concern that the killings of citizens in Southern Kaduna of Nigeria amount to serious violations of the rights to life; to security of the human person; to the respect of the dignity inherent in a human being; and right to property guaranted by not only the Nigerian Constitution 1999 (as amended) but also the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights to which Nigeria is a state party.”

The petition reads in part: “SERAP contends that Nigerian authorities have failed and/or neglected to respect these human rights and to exercise due diligence to ensure that these rights are not violated by private individuals such as herdsmen and other unknown perpetrators. Nigerian government should therefore be held to account for failing or neglecting to guarantee and protect the rights of the people in Southern Kaduna, regardless of whether such violations are directly or indirectly attributable to the state or its officials.

“SERAP is concerned that the Nigerian government has failed and/or neglected to create an environment in Southern Kaduna to end the unlawful killings by failing to move their legal and institutional machinery towards the actual realisation of these rights. It is in fact the failure by the government to take adequate measures to prevent the violence which has contributed to the increasing number of victims.

“SERAP believes that the killings would not have taken place if the Nigerian authorities have taken measures to prevent their happening and to address persistent impunity of those responsible for the violations and abuses. The lack of accountability for the attacks by herdsmen and other unknown perpetrators across the country has continued to create a culture of impunity which clearly is not compatible with the rule of law in a democratic society.

“According to the leadership of the Catholic Diocese of Kafanchan in Kaduna State, a total of 808 people were killed in 53 villages across the four local governments areas in the state ridden by crisis.

The church leaders also said that 57 people were injured; farm produce estimated at N5.5 billion were also destroyed, and a total of 1,422 houses and 16 churches were burnt during the attacks. The affected communities are spread across Kaura, Sanga, Jama’a and Kauru Local Government Areas where there had been persistent attacks on communities by gunmen believed to be Fulani herdsmen.”

SERAP therefore urged Ms. CALLAMARD to prevail on the Nigerian authorities to: “Take measures to urgently secure the right to life, right to security and dignity of the human person and right to property of citizens in Southern Kaduna, and to prevent further attacks and killings by herdsmen and other unknown perpetrators;

“Carry out an effective investigation into the circumstances surrounding the killings and to identify the perpetrators and bring them to justice, and to provide reparations to victims;

“Provide a framework of security for the protection of life, and to protect the lives of those individuals at risk from unlawful attacks in Southern Kaduna;

“Provide for an effective remedy and reparation for the victims.‎”

December 31, 2016
SERAP drags FG to UN over Southern Kaduna killings

Socio-Economic Rights and Accountability Project (SERAP) has petitioned Ms. Agnes CALLAMARD, Special Rapporteur on extrajudicial, summary or arbitrary executions, urging her to “prevail on the Nigerian authorities to halt further killings of innocent citizens in Southern Kaduna, and to urgently investigation recent allegations of killings of over 800 citizens mostly women, children and the elderly in that part of the country by suspected herdsmen, and to identify the perpetrators and bring them to justice, and to provide reparations to victims”

The organization also asked Ms. CALLAMARD to “request to visit Nigeria to conduct fact-finding mission into the circumstances surrounding the killings.”

In the petition dated 30 December 2016 and signed by SERAP executive director Adetokunbo Mumuni the organization expressed “concern that the killings of citizens in Southern Kaduna of Nigeria amount to serious violations of the rights to life; to security of the human person; to the respect of the dignity inherent in a human being; and right to property guaranteed by not only the Nigerian Constitution 1999 (as amended) but also the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights to which Nigeria is a state party.”

The petition reads in part: “SERAP contends that Nigerian authorities have failed and/or neglected to respect these human rights and to exercise due diligence to ensure that these rights are not violated by private individuals such as herdsmen and other unknown perpetrators. Nigerian government should therefore be held to account for failing or neglecting to guarantee and protect the rights of the people in Southern Kaduna, regardless of whether such violations are directly or indirectly attributable to the state or its officials.”

“SERAP is concerned that the Nigerian government has failed and/or neglected to create an environment in Southern Kaduna to end the unlawful killings by failing to move their legal and institutional machinery towards the actual realisation of these rights. It is in fact the failure by the government to take adequate measures to prevent the violence which has contributed to the increasing number of victims.”

“SERAP believes that the killings would not have taken place if the Nigerian authorities have taken measures to prevent their happening and to address persistent impunity of those responsible for the violations and abuses. The lack of accountability for the attacks by herdsmen and other unknown perpetrators across the country has continued to create a culture of impunity which clearly is not compatible with the rule of law in a democratic society.”

“According to the leadership of the Catholic Diocese of Kafanchan in Kaduna State, a total of 808 people were killed in 53 villages across the four local governments areas in the state ridden by crisis. The church leaders also said that 57 people were injured; farm produce estimated at N5.5 billion were also destroyed, and a total of 1,422 houses and 16 churches were burnt during the attacks. The affected communities are spread across Kaura, Sanga, Jama’a and Kauru Local Government Areas where there had been persistent attacks on communities by gunmen believed to be Fulani herdsmen.”

SERAP therefore urged Ms. CALLAMARD to prevail on the Nigerian authorities to:

Take measures to urgently secure the right to life, right to security and dignity of the human person and right to property of citizens in Southern Kaduna, and to prevent further attacks and killings by herdsmen and other unknown perpetrators

Carry out an effective investigation into the circumstances surrounding the killings and to identify the perpetrators and bring them to justice, and to provide reparations to victims

Provide a framework of security for the protection of life, and to protect the lives of those individuals at risk from unlawful attacks in Southern Kaduna

Provide for an effective remedy and reparation for the victims

December 30, 2016
SERAP drags FG, NFF to UN over unfair treatment, discrimination against Falcons

Socio-Economic Rights and Accountability Project (SERAP) has petitioned the UN Working Group on the issues of discrimination against women in law and in practice requesting the body to “use its mandates and position to urgently ask the Nigerian government and the Nigerian Football Federation to end the discriminatory and unfair treatment of the players of the Super Falcons of Nigeria who recently won the African Women Cup of Nations.

The organization urged the Working Group to “request the authorities to immediately pay each player of the Super Falcons of Nigeria the sum of $30,000 USD for winning the African Women Cup of Nations.

This is the equivalent of what the government paid their male counterparts for winning the 2013 Africa Cup of Nations.”

The organization also asked the UN body to urge the Nigerian authorities to “End pay inequalities across the national teams and demonstrate commitment to fairness and equality in the treatment of both male and female players.”

In the petition dated 7 December 2016 and signed by SERAP executive director Adetokunbo Mumuni the organization said that, “It is unlawful to discriminate in pay arrangements in relation to sex or gender.

SERAP believes that the Nigerian government and the Nigerian Football Federation are required by law to have due regard to gender equality in all their functions, including within the national teams, and to take concrete measures to address the gender pay gap.”

The petition reads in part: “SERAP is seriously concerned about the large and stubborn gender pay gap between the Super Eagles’ players and the Super Falcons’ players.

The discriminatory treatment of the Super Falcons’ players by the authorities is indicative of the systemic discrimination against women and girls in Nigeria, and the undervaluation of work commonly done by women.”

Champions: Nigeria’s Super Falcons on Saturday in Yaounde won the 2016 Women’s Africa Cup of Nations (AWCON) for the eighth time after beating Cameroon 1 – 0 to retain AWCON title. “While a State’s compliance with the obligations under these treaties is assessed in the light of financial and other resources, a lack of resources cannot justify inaction or indefinite postponement of implementation.

This is particularly so when discrimination exists, as we believe it is the case with respect to the unfavourable treatment of the Super Falcons’ players.” “SERAP also argues that the Nigerian government cannot use recession and the current economic situation in the country to objectively justify a difference in treatment of the players of the Super Eagles and the Super Falcons on grounds of sex.

To hold otherwise is to undermine the integrity of the international human rights treaties and ILO conventions which Nigeria has ratified.” “In fact, the Committee on Economic, Social and Cultural Rights (2009) has said that the failure to remove differential treatment on the basis of a lack of available funds is not an objective and reasonable justification unless every effort has been made to use all resources that are at a State party’s disposal to eliminate the discrimination, as a matter of priority.”

“SERAP argues that the failure by the Nigerian authorities to pay the players of the Super Falcons as promised violates the players’ right to equal pay, which is a fundamental tenet of gender equality.” “SERAP believes that the male and female national teams deserve equal pay systems that are transparent and value the efforts put in by these players. Fair and non-discriminatory systems represent best practices, consistent with Nigeria’s international human rights obligations and commitments.”

“The Nigerian government and the Nigerian Football Federation have continued to refuse and/or neglect to pay the Nigerian champions their bonuses and allowances.” “According to reports, following the success of the female national team the Super Falcons of Nigeria in the African Women Cup of Nations each player was to receive N11 Million Naira ($25,000 worth in bonuses and allowances over the tournament’s stretch).

However, instead of fulfilling their commitment to the players, the Nigerian government and Nigerian Football Federation offered the players 2 bags of Rice and 5 litres of groundnut oil and 50,000 Naira, which the players rightly rejected.”

“This discriminatory and unfair treatment is further buttressed by the fact that each Super Falcons’ player receives a paltry sum of $50 while each Super Eagles’ player is paid $4000 for a draw and $5000 for a win. Yet, the Super Eagles has not over the years been as successful as their female counterparts.”

“The Universal Declaration of Human Rights states that “Everyone, without any discrimination or distinction of any kind, has the right to equal pay for equal work”. This right to gender equality and equal pay for equal work is also contained in major human rights treaties such as the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Elimination of All Forms of Discrimination Against Women both of which Nigeria has ratified.”

“SERAP notes that article 11 of the CEDAW convention in particular guarantees the right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work. Similarly, various International Labour Organisation (ILO) Conventions such as ILO C100, Equal Remuneration Convention and ILO C111, Discrimination (Employment and Occupation) Convention also specify equal pay and pay equity obligations. Nigeria has ratified the two conventions.” Mr Zeid Ra’ad Al Hussein UN High Commissioner for Human Rights was copied in the petition.

December 8, 2016
Recovered loot: Malami, Idris risk jail, as SERAP starts committal hearings
Socio-Economic Rights and Accountability Project, SERAP has commenced committal to prison hearings against the Federal Government, Mr. Abubakar Malami (SAN), Attorney-General of the Federation and Minister of Justice, and Alhaji Ahmed Idris Accountant-General of the Federation “for having neglected to obey the order of the court made on Friday the 26^th of February, 2016, requiring them to provide SERAP with up to date information on the spending of recovered stolen funds since the return of democracy in 1999.”

The information ordered to be released by Justice Muhammed Idris of the Federal High Court Lagos include specific details on the total amount of recovered stolen public assets by governments since 1999; the amount that has been spent from the recovered stolen public assets and the objects of such spending; as well as details and location of specific projects on which recovered stolen public assets were spent.

The Form 49 “notice to show cause why order of committal should not be made” was filed at the Federal High Court, Lagos last week by SERAP executive director Adetokunbo Mumui “following the service on Mr Malami and Alhaji Idris of Form 48 contempt suit, and the certified true copy of the judgment.”

Mumuni said, “Despite the service of both form 48 and the certified true copy of the judgment on both the Attorney General of the Federation and the Accountant-General of the Federation they have failed and/or neglected to acknowledge the judgment let alone obey it.”

“It has become painfully clear since the judgment was delivered that this government has no plan to enforce it. It’s dismaying that a government, which builds its reputation on combating grand corruption has not embraced the enormous opportunities the judgment provides to open the book on what exactly happened to recovered loot.”

“It’s absolutely unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state based on the rule of law cannot exist or function, if the government ignores and/or fails to abide by Court orders,” Mumuni said.

The 69-page judgment in suit no: FHC/IKJ/CS/248/2011 signed by Honourable Justice Mohammed Idris reads in part: “Transparency in the decision-making process and access to information upon which decisions have been made can enhance accountability.”

“Obedience to the rule of law by all citizens but more particularly those who publicly took oath of office to protect and preserve the Constitution is a desideratum to good governance and respect for the rule of law. In a constitutional democracy like ours, this is meant to be the norm.”

“In respect of the SERAP reliefs on recovered stolen funds since return of democracy in 1999, the government had kept mute. Let me say that they have no such power under the law.”

“There is public interest in public authorities and high-profile individuals being accountable for the quality of their decision making. Ensuring that decisions have been made on the basis of quality legal advice is part of accountability.”

“I am of the view and do hold that the action should and does succeed in whole. Documents relating to the receipt or expenditure on recovered stolen funds since return of democracy in 1999 constitute part of the information which a public institution and authority is obligated to publish, disseminate and make available to members of the public. The government has no legally justifiable reason for refusing to provide SERAP with the information requested, and therefore, this Court ought to compel the government to comply with the Freedom of Information Act, as the government is not above the law.”

“Judgment is hereby entered judgment in favour of SERAP against the Federal Government as follows:
1. A DECLARATIONis hereby made that the failure and/or refusal of the Respondents to individually and/or collectively disclose detailed information about the spending of recovered stolen public funds since the return of civil rule in 1999, and to publish widely such information, including on a dedicated website, amounts to a breach of the fundamental principles of transparency and accountability and violates Articles 9, 21 and 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act
1. A DECLARATIONis hereby made that by virtue of the provisions of Section 4 (a) of the Freedom of Information Act 2011, the 1^st Defendant/Respondent is under a binding legal obligation to provide the Plaintiff/Applicant with up to date information on the spending of recovered stolen funds, including:
(a) Detailed information on the total amount of recovered stolen public assets that have so far been recovered by Nigeria

(b) The amount that has been spent from the recovered stolen public assets and the objects of such spending

(c) Details of projects on which recovered stolen public assets were spent
1. AN ORDER OF MANDAMUS is made directing and or compelling the Defendants/Respondents to provide the Plaintiff/Applicant with up to date information on recovered stolen funds since the return of civilian rule in 1999, including:
(a) Detailed information on the total amount of recovered stolen public assets that have so far been recovered by Nigeria

(b) The amount that has been spent from the recovered stolen public assets and the objects of such spending

(c) Details of projects on which recovered stolen public assets were spent

It would be recalled that SERAP had on 28 March 2016 sent a copy of the certified true copy of the judgment to Mr Malami and Alhaji Idris urging them to use their “good offices and leadership to ensure and facilitate full, effective and timely enforcement and implementation of the judgment.”

SERAP letter reads in part “Given the relative newness of the Buhari government, the effective enforcement and implementation of the judgment will invariably involve setting up a mechanism by the government to invite the leadership and high-ranking officials of the governments of former President Olusegun Obasanjo, former President Umaru Musa Yar’Adua, and former President Goodluck Jonathan to explain, clarify and provide evidence on the amounts of stolen funds recovered by their respective governments (from abroad and within Nigeria), and the projects (including their locations) on which the funds were spent.”

“SERAP therefore believes that the swift enforcement and implementation of this landmark judgment by the government of President Muhammadu Buhari will be litmus test for the President’s oft-repeated commitments to transparency, accountability and the fight against corruption, and for the effectiveness of the Freedom of Information Act in general.”

The organisation said that, “The enforcement and implementation of the judgment should not be delayed as to do this is to continue to frustrate the victims of corruption in the country since the return of democracy in 1999, and will threaten to undermine the authority of our judicial system.”
December 4, 2016