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Tag: SERAP

  • SERAP gives Tinubu 48 hours to reverse petrol price hike, probe NNPCL

    SERAP gives Tinubu 48 hours to reverse petrol price hike, probe NNPCL

    Socio-Economic Rights and Accountability Project (SERAP) has given PresidentTinubu 48 hours within to reverse the recent hike in the pump price of premium motor spirit (PMS).

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

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

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

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

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

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

    “The increase in petrol price has rendered already impoverished citizens incapable of satisfying their minimum needs for survival.

    “The increase is not inevitable, as it stems from the persistent failure of successive governments to address allegations of corruption and mismanagement in the oil sector and the impunity of suspected perpetrators.

    “Corruption in the oil sector and the lack of transparency and accountability in the use of public funds to support the operations of the NNPC have resulted in persistent and unlawful hike in petrol prices.

    “Holding the NNPC to account for alleged corruption and mismanagement in the oil sector would serve legitimate public interests.

    “The increase is causing immense hardship to those less well-off. We are concerned that as the economic situation in Nigeria deteriorates, the increase in petrol price is pushing people further into poverty.

    “We would be grateful if the recommended measures are taken within 48 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest.

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

    “The arbitrary increase has placed a disproportionate burden on the marginalized and most vulnerable sectors of society, particularly those disadvantaged by poverty.

    “The increase is seriously jeopardizing their living conditions, well as individuals’ physical, emotional, and individual development, and intensifying and worsening socioeconomic conditions in the country.

    “The increase constitutes a serious human rights problem because of the intensity with which it undermines the enjoyment and exercise by Nigerians of their human rights and renders their civic participation illusory.

    “The fundamental right to life includes not only the right of every Nigerian not to be deprived of his/her life arbitrarily, but also the right that he/she will not be prevented from having access to the conditions that guarantee a dignified existence.

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

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

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

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

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

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

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

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

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

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

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

     

  • SERAP files a lawsuit against Akpabio, Abbas for ‘fixing NASS running costs

    SERAP files a lawsuit against Akpabio, Abbas for ‘fixing NASS running costs

    Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Senate President, Mr Godswill Akpabio and Speaker of House of Representatives, Mr Tajudeen Abbas over their failure to end what the group said is “the apparently unlawful practice by the National Assembly of fixing its allowances and running costs.

    Former President Olusegun Obasanjo recently alleged that the lawmakers fix their own salaries and allowances, contrary to the recommendation of the Revenue Mobilisation Fiscal Allocation Commission (RMAFC).

    In the suit number FHC/ABJ/CS/1289/2024 filed last Friday at the Federal High Court, Abuja, SERAP is seeking: “an order of mandamus to direct and compel Mr Akpabio and Mr Abbas to end the apparently unlawful practice of the National Assembly fixing its remuneration and allowances termed as ‘running cost’.”

    SERAP is seeking: “an order of mandamus to direct and compel Mr Akpabio and Mr Abbas to disclose the exact amount of the monthly running costs being paid to and received by the lawmakers, and the spending details of any such running costs.”

    SERAP is also seeking: “an order of mandamus to direct and compel Mr Akpabio and Mr Abbas to end the alleged practice of paying remuneration and allowances termed as ‘running costs’ into the personal accounts of lawmakers.”

    In the suit, SERAP is arguing that: “The provisions of paragraph N, section 32(d) of the Third Schedule to the Nigerian Constitution 1999 [as amended] clearly make it unlawful for the National Assembly to fix its salaries, allowances and running costs.”

    SERAP is also arguing that, “the alleged practice of paying running costs into the personal accounts of lawmakers is a fundamental breach of Rule 713 of the Federal Government Financial Regulations, which provides that ‘public money shall not be paid into a private bank account.’”

    According to SERAP, “‘Public function’ means activities in the public interest, not against it. The reports that lawmakers are fixing their own salaries, allowances and running costs amount to private self-interest or self-dealing. It is also detrimental to the public interest.”

    SERAP is also arguing that, “The allegations that lawmakers are fixing their own salaries, allowances and running costs are entirely inconsistent and incompatible with the constitutional oath of office and the object and purpose of the UN Convention against Corruption to which Nigeria is a state party.”

    The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Andrew Nwankwo, and Ms Blessing Ogwuche, read in part: “Directing and compelling the lawmakers to account for and return any misused or mismanaged running costs they collected would build trust in democratic institutions and strengthen the rule of law.

    “SERAP is seeking: an order of mandamus to direct and compel Mr Akpabio and Mr Abbas to refer the allegations on the misuse of the running costs received by members to appropriate anticorruption agencies for investigation and prosecution where there is relevant admissible evidence”.

    The group said, “Nigerians have a right to scrutinize how their lawmakers spend their tax money and the commonwealth. Nigerians also have a right to honest and faithful performance by their public officials including lawmakers.”

    Ending the reported practice by lawmakers of fixing their salaries, allowances and running costs would improve public confidence in the integrity and honesty of the National Assembly.

    “It is a travesty and a fundamental breach of their fiduciary duties for members of the National Assembly to fix their own salaries, allowances and running costs.

    “According to our information, members of the National Assembly are currently fixing their own salaries, allowances and running costs. The running costs are reportedly paid directly into the personal accounts of members.”

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

     

  • Disclose details of  Chinese loans, liabilities, and other external borrowing obtained- SERAP tells governors

    Disclose details of  Chinese loans, liabilities, and other external borrowing obtained- SERAP tells governors

    The Socio-Economic Rights and Accountability Project (SERAP) has urged Nigeria’s 36 state governors and the Minister of the Federal Capital Territory, Abuja, Mr Nyesom Wike, to disclose details of any Chinese loans, liabilities, and other external borrowing obtained, and guaranteed by the Federal Government as well the terms and conditions for any such borrowing including the provisions on collateral.

    SERAP urged them to “provide details of the repayment obligations regarding any Chinese loans, liabilities and other external borrowing obtained and guaranteed by the Federal Government, the interest rates on the loans, and any defaults, debt restructurings, and debt exposure to China and other creditors.”

    SERAP also urged them to “clarify any investment agreements with Chinese companies and repayment histories of any loans, liabilities and facilities obtained from China and other external creditors and guaranteed by the Federal Government.”

    In the letters dated 24 August 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “We are concerned that your state and the FCT may have failed to efficiently manage your debt obligations, especially your external debt and investment obligations, as guaranteed by the Federal Government.

    “The failure to uphold your obligations is contrary to Section 6 of the Debt Management Office Establishment (Etc), Act, and creates financial risks and other exposure to Nigeria with respect to these Chinese loans, liabilities and other external borrowing.

    “These Chinese loans, liabilities and other external borrowing by your state and the FCT may not have been used for the purposes for which they have been obtained and terms and conditions guaranteed by the Federal Government.”

     

  • Reveal details of your running costs or meet us in court, SERAP tells Akpabio, Abbas

    Reveal details of your running costs or meet us in court, SERAP tells Akpabio, Abbas

    The Socio-Economic Rights and Accountability Project (SERAP) has asked the Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas to disclose the “exact amount of monthly running costs” allotted to members of the National Assembly.

    SERAP requested the spending details of any of such running costs as well.

    TheNewsGuru.com reports this was made known in a statement dated August 17, 2024, signed by Kolawole Oluwadare, Deputy Director of SERAP.

    The group’s demand is coming on the heels of the recent controversy surrounding the salary of Senators.

    A former Senator representing Kaduna Central, Senator Shehu Sani, had stated that Senators receive over N13 million monthly, but the Revenue Mobilisation Allocation and Fiscal Commission faulted his claim.

    In its statement however, SERAP urged the NASS leadership to “promptly end the alleged practice by the National Assembly of fixing its own salaries, allowances and running costs, in conformity with the Nigerian Constitution 1999 [as amended], and the country’s international obligations.”

    It also called them “to end the alleged practice of paying running costs into the personal accounts of lawmakers, and to refer the alleged misuse or mismanagement of the running costs to appropriate anticorruption agencies for investigation and prosecution where there is relevant admissible evidence.”

    The statement also urged the NASS leadership to “promptly disclose the total amount of running costs that have so far been paid to and received by the lawmakers and to ensure the return of any misused or mismanaged public funds.”

    The organisation said: “We are concerned about the practice by the lawmakers of fixing their salaries, allowances, and running costs, as well as the opacity and the spending of millions of naira in running costs by lawmakers.”

    It added, “The constitutional oath of office of lawmakers requires them to ensure transparency and accountability in the exact amounts of salaries, allowances and running costs they receive.”

    The letter, read in part: “The provisions of paragraph N, section 32(d) of the Third Schedule to the Nigerian Constitution clearly make it unlawful for the National Assembly to fix its own salaries, allowances and running costs.”

    “The allegations that members of the National Assembly are fixing their own salaries, allowances and running costs are entirely inconsistent and incompatible with the constitutional oath of office and the object and purpose of the UN Convention against Corruption to which Nigeria is a state party.”

    ‘Personal money shall in no circumstances be paid into a government bank account, nor shall any public money be paid into a private bank account.’”

    “In the Seventh Schedule to the Nigerian Constitution, members lawmakers commit to strive to ‘preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution’, [and to] perform their ‘functions honestly, faithfully’, to act ‘always in the interest of the well-being and prosperity of Nigeria’.”

    “Lawmakers also commit ‘preserve, protect and defend the Constitution of Nigeria; and abide by the Code of Conduct contained in the Fifth Schedule to the Constitution.’”

    “‘Public function’ means activities in the public interest, not against it. The reports that lawmakers are fixing their own salaries, allowances and running costs amount to private self-interest or self-dealing. It is also detrimental to the public interest.”

    “SERAP notes that Section 15(5) of the Nigerian Constitution requires public institutions to abolish all corrupt practices and abuse of power. Section 16(2) of the Nigerian Constitution further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’”

    “According to our information, members of the National Assembly are currently fixing their own salaries, allowances and running costs. The running costs are reportedly paid directly into the personal accounts of members.”

    “Senator Kawu Sumaila, representing Kano South Senatorial District, recently disclosed in an interview with BBC Hausa that each Nigerian senator earns at least N21 million monthly in running costs, salaries, and allowances.”

    “Mr Sumaila reportedly said, ‘My monthly salary is less than N1 million. After deductions, the figure comes down to a little over N600,000. Given the increase effected, in the Senate, each senator gets N21 million every month as running cost.’”

    “According to reports, former President Olusegun Obasanjo recently alleged that the lawmakers fix their own salaries and allowances, contrary to the recommendation of the Revenue Mobilisation Fiscal Allocation Commission (RMAFC).”

  • Legal Action: SERAP challenges CBN over disappearance of N100 Billion in damaged Naira notes

    Legal Action: SERAP challenges CBN over disappearance of N100 Billion in damaged Naira notes

    The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against the Central Bank of Nigeria (CBN) over the alleged disappearance of N100 billion worth of damaged Naira notes. This information was revealed in a statement by SERAP’s deputy director, Kolawole Oluwadare, on Sunday.

     

    According to the group, the lawsuit was filed last week under suit number FHC/L/MSC/441/2024 at the Federal High Court in Lagos. The suit seeks to compel the CBN to account for the missing N100 billion in damaged notes that have been stored in various CBN branches since 2017.

     

    SERAP’s lawyers, Kolawole Oluwadare and Mrs. Adelanke Aremo, emphasized that Nigerians have the right to know the status of public funds. They argue that granting the reliefs sought in the suit would support Nigerians’ rights to restitution, compensation, and assurances of non-repetition.

     

    As of the time of this report, the CBN has not officially responded to SERAP’s claims. In June, SERAP had issued a seven-day ultimatum to the CBN to address the alleged missing N100 billion in damaged notes.

  • Minimum Wage: SERAP sends strong message to Tinubu

    Minimum Wage: SERAP sends strong message to Tinubu

    The Socio-Economic Rights and Accountability Project (SERAP) has sent a message to President Bola Tinubu.

    SERAP urged the President to ensure that his government’s proposed bill on new minimum wage for Nigerian workers is entirely consistent and compatible with Nigeria’s international obligations to promote and advance the right of workers to an adequate living wage.

    According to SERAP, the president had in his Democracy Day Speech on June 12 stated that: “We shall soon send an executive bill to the National Assembly to enshrine the new minimum wage as part of our law for the next five years or less.”

    However, in a letter dated June 15, 2024, and signed by SERAP Deputy Director, Kolawole Oluwadare, the organisation said: “the reportedly proposed level of the minimum wage in the executive bill is grossly inadequate and falls short of the requirements of international human rights treaties to which Nigeria is a state party.”

    SERAP said the executive bill should reflect the international standards that Nigerian workers should be provided, at a minimum, with a living wage, in accordance with costs of living.

    The letter, read in part: “Any proposed minimum wage that fails to guarantee a life in dignity for Nigerian workers and their families would be entirely inconsistent and incompatible with international standards.”

    “Successive governments have persistently and systematically violated these guarantees. Millions of Nigerian workers remain poor due mainly to low wages and a lack of social security and social protection.

    “If your government sends to the National Assembly any bill which fails to meet the requirements of international standards, and the bill is then passed into law, SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest.

    “The proposed recommendations are not unrealistic, as they are based on Nigeria’s international human rights obligations. Human rights are not a matter of charity. Upholding Nigeria’s international obligations regarding the right of workers to an adequate living wage would protect the purchasing power of workers in poverty.”

     

  • SERAP drags Tinubu to court over failure to account for loans by ex-presidents

    SERAP drags Tinubu to court over failure to account for loans by ex-presidents

    The Socio-Economic Rights and Accountability Project (SERAP) has sued the government of President Bola Tinubu over the failure to publish details of the spending of the loans obtained by the governments of former presidents since the return to democracy in 1999.

    The defendants in the lawsuit include, the Minister of Finance and Coordinating Minister of the Economy, Wale Edun and the Debt Management Office (DMO).

    In the suit with number FHC/L/CS/353/2024 filed last Friday at the Federal High Court, Lagos, SERAP is urging the court to “direct and compel the Tinubu government to publish the loan agreements obtained by the governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan, and Muhammadu Buhari.”

    The organisation is also asking the court to compel the government to include the interests and other payments so far made on the loans.

    According to suit filed on behalf of SERAP, publishing the spending details of loans obtained by former presidents will help to explain why, despite several billions of dollars in loans obtained by successive governments, millions of Nigerians continue to wallow in poverty and lack access to basic public goods and services.

    The suit filed by its lawyers Kolawole Oluwadare and Andrew Nwankwo, read in part: “Publishing the loan agreements would improve public accountability in ministries, departments and agencies (MDAs).”

    “Nigerians are entitled to information about what their government is doing in their name. This is part of their right to information.”

    “Publishing the agreements and spending details would allow the public to see how and on what these governments spent the loans and foster transparency and accountability.”

    “Publishing the loan agreements signed by the governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan and Muhammadu Buhari, and widely publishing the agreements would allow Nigerians to scrutinise it and to demand accountability for the spending of the loans.”

    “According to Nigeria’s Debt Management Office, the total public domestic debt portfolio for the country’s is N97.3 trillion ($108 billion). The Federal Government’s debt is N87.3 trillion ($97 billion).”

    “Nigeria paid $6.2 billion in 2019 as interest on loans while the country paid $6.5 as interest in 2018. Nigeria also paid $5 billion as interest on loans in 2017 while the country paid $4.4 billion as interest in 2016. For 2015, the interest paid on loans was $5.5 billion.”

    “Substantial parts of the loans obtained by successive governments since the return of democracy in 1999 may have been mismanaged, diverted or stolen, and in any case remain unaccounted for.”

    “Persons with public responsibilities ought to be answerable to the people for the performance of their duties including the management of the loans obtained between May 1999 and May 2023.”

  • First anniversary: SERAP urges Tinubu to publish his assets

    First anniversary: SERAP urges Tinubu to publish his assets

    The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to mark the anniversary of his first year in office by publicly disclosing his assets.

    SERAP tasked the President to use the anniversary as an opportunity to demonstrate his commitment to democracy, accountability, and openness in government.

    It urged him to encourage his Vice-President Kashim Shettima, ministers, and state governors to also widely publish their assets declaration forms.

    In the open letter dated 25 May 2024 and signed by SERAP Deputy Director Kolawole Oluwadare, the organisation said: “Widely publishing your asset declaration form and encouraging your Vice-President, ministers, and state governors to also widely publish their assets would serve legitimate public interests.”

    SERAP said: “Publishing your asset declaration form and encouraging others to do so would also promote public trust and establish a system of transparency, accountability and public participation.”

    According to SERAP, “Openness and transparency in the details of asset declaration forms of high-level public officials would strengthen the country’s democracy and promote accountability at all levels of government.

    The letter read in part: “You promised in your inaugural speech on May 29, 2023 ‘to take proactive steps to discourage corruption’, and to ensure that ‘Nigeria is impartially governed according to the constitution and the rule of law.

    “We urge you to use your first anniversary in office as an important opportunity to underscore and reaffirm your oft-repeated commitment to democratic governance, openness and public accountability by immediately taking concrete steps to implement the proposed recommendations.”

  • SERAP gives Tinubu 48 hours to withdraw cybersecurity levy

    SERAP gives Tinubu 48 hours to withdraw cybersecurity levy

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to use his “good offices to immediately direct the Central Bank of Nigeria (CBN) to withdraw the cybersecurity levy on Nigerians as it patently violates the provisions of the Nigerian Constitution 1999 [as amended] and the country’s international human rights obligations and commitments.”

    SERAP also urged him “to stop Mr Nuhu Ribadu and the office of the National Security Adviser (NSA) from implementing section 44 and other repressive provisions of the Cybercrimes Act 2024 as it flagrantly violates the provisions of the Nigerian Constitution and the African Charter on Human and Peoples’ Rights and International Covenant on Civil and Political Rights to which Nigeria is a state party.”

    SERAP urged him “to direct the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN to immediately prepare and present a bill to amend section 44 and other repressive provisions of the Cybercrimes Act 2024 to the National Assembly so that those provisions can be brought in line with the Nigerian Constitution and the country’s international human rights obligations.”

    In a statement today signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The Tinubu administration must within 48 hours withdraw the patently arbitrary and unlawful CBN directive purportedly imposing cybersecurity levy on Nigerians.

    SERAP said, “Section 44(8) criminalizing the non-payment of the cybersecurity levy by Nigerians is grossly unlawful and constitutional.”

    The statement, read in part: “Our lawyer Ebun-Olu Adegboruwa, SAN, is already preparing the necessary court papers should the administration fail or neglect to act as recommended.”

    “The administration must urgently take concrete and effective measures to ensure the repeal of section 44 and other repressive provisions of the Cybercrimes Act 2024.”

    “If the unlawful CBN directive is not withdrawn and appropriate steps are not taken to amend the repressive provisions of the Cybercrimes Act within 48 hours, SERAP shall consider appropriate legal actions to compel the Tinubu administration to comply with our request in the public interest.”

    “Withdrawing the unlawful CBN directive and repealing the repressive provisions of the Cybercrimes Act 2024 will be entirely consistent with president Tinubu’s constitutional oath of office requires public officials to uphold the provisions of the constitution, and the rule of law and abstain from all improper acts.”

    “The repressive provisions of the Cybercrimes Act 2024 are clearly inconsistent and incompatible with the public trust and the overall objectives of the Constitution. A false oath lacks truth and justice. The oath statements require the oath takers to commit to uphold and defend the Constitution.”

    “Section 14(2)(b) of the Nigerian Constitution of 1999 [as amended] provides that, ‘the security and welfare of the people shall be the primary purpose of government.”

    “The CBN yesterday has directed banks and other financial institutions to implement a 0.5 percent cybersecurity levy on electronic transfers on the basis of the section 44 44(2)(a) of the Cybercrimes Act 2024 purportedly imposing a “a levy of 0.005 equivalent to a half percent of all electronic transactions value by the business specified in the second schedule of the Act.”

    “The money is to be remitted to the National Cybersecurity Fund (NCF), which shall be administered by the Office of the National Security Adviser (ONSA).”

  • Publish loan agreements by Obasanjo, Yar’Adua, Jonathan, Buhari, SERAP tells Tinubu

    Publish loan agreements by Obasanjo, Yar’Adua, Jonathan, Buhari, SERAP tells Tinubu

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu “to direct appropriate ministries, departments and agencies (MDAs) to provide our organization with copies of the loan agreements obtained by the governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan and Muhammadu Buhari.”

    SERAP is also seeking “the spending details of any such loans as well as the interests and other payments so far made on the loans.”

    SERAP also urges him “to establish an independent audit on the spending of the loans obtained by the governments of the former presidents, and to make public the findings of any such audit.”

    In the Freedom of Information request dated 13 April 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “Publishing copies of the agreements would prevent and combat waste, corruption, mismanagement, and abuse in the spending of public funds.”

    SERAP said, “No one should be able to pull curtains of secrecy around decisions on the spending of public funds which can be revealed without injury to the public interest. Democracy requires accountability and accountability requires transparency.”

    According to SERAP, “Nigerians are entitled to information about what their government is doing in their name. This is part of their right to information.”

    The FoI request, read in part: “Nigerians’ right to a democratic governance allows them to appreciably influence the direction of government, and have an opportunity to assess progress and assign blame.”

    “The accountability of government to the general public is a hallmark of democratic governance, which Nigeria seeks to achieve.”

    “Your government should make it possible for citizens to have access to the agreements and spending details to judge whether their government is working for them or not.”

    “Publishing the agreements would demonstrate your oft-expressed commitment to openness in government and to promote accountability. It would also improve public accountability in ministries, departments and agencies (MDAs).

    “Publishing the agreements and spending details would allow the public to see how and on what these governments spent the loans and foster transparency and accountability.”

    “The information may help to explain why, despite several billions of dollars in loans obtained by successive governments, millions of Nigerians continue to face extreme poverty and lack access to basic public goods and services.”

    “Providing us with copies of the loan agreements signed by the governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan and Muhammadu Buhari, and widely publishing the agreements would allow Nigerians to scrutinise it and to demand accountability for the spending of the loans.

    “We would therefore be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest.”

    “Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution 1999 [as amended], the Freedom of Information Act, and the UN Convention against Corruption, the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights to Nigeria is a state party.”

    “According to Nigeria’s Debt Management Office, the total public domestic debt portfolio for the country’s is N97.3 trillion ($108 billion). The Federal Government’s debt is N87.3 trillion ($97 billion).”

    “Nigeria paid $6.2 billion in 2019 as interest on loans while the country paid $6.5 as interest in 2018. Nigeria also paid $5 billion as interest on loans in 2017 while the country paid $4.4 billion as interest in 2016. For 2015, the interest paid on loans was $5.5 billion.”

    “SERAP is seriously concerned that substantial parts of the loans obtained by successive governments since the return of democracy in 1999 may have been mismanaged, diverted or stolen, and in any case remain unaccounted for.”

    “Publishing copies of the agreements would also ensure that persons with public responsibilities are answerable to the people for the performance of their duties including the management of the loans obtained between May 1999 and May 2023.”

    “Your government has a responsibility to ensure transparency and accountability in how any loans obtained by the Federal Government are spent, to reduce vulnerability to corruption and mismanagement.”

    “The Freedom of Information Act, Section 39 of the Nigerian Constitution, article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights guarantee to everyone the right to information, including to copies of the loan agreements obtained by successive governments since 1999.”

    “By the combined reading of the provisions of the Constitution of Nigeria, the Freedom of Information Act 2011, the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights, there are transparency obligations imposed on your government to widely publish the agreements and details of the projects on which the loans were spent.

    “The Nigerian Constitution, Freedom of Information Act, and the country’s anti-corruption and human rights obligations rest on the principle that citizens should have access to information regarding their government’s activities.”