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Tag: SERAP

  • Revoke unlawful directive to block Nigerians’ phone lines or face legal action, SERAP tells NCC

    Revoke unlawful directive to block Nigerians’ phone lines or face legal action, SERAP tells NCC

    Socio-Economic Rights and Accountability Project (SERAP) has urged Dr. Aminu Maida, the Chief Executive Officer of the Nigerian Communications Commission (NCC) “to immediately revoke the apparently unlawful directive to network providers to bar the phone lines of millions of Nigerians who have linked their SIM cards to their National Identification Numbers (NINs).”

    SERAP also urged him to “restore the phone lines of these Nigerians, and to urgently establish a mechanism for effective consultation to provide Nigerians who are yet to link their SIM cards to their NINs with the appropriate support and infrastructure and adequate time and opportunity to do so.”

    The Commission had recently ordered telecommunications companies to bar the phone lines of millions of citizens including those who allegedly “did not submit a good NIN or didn’t get a cleared or verified NIN by February 28.”

    In the letter dated 9 March 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The directive to the network providers to bar Nigerians who have linked their SIM cards to their NINs is an appalling violation of citizens’ rights to freedom of expression, information and privacy.”

    SERAP said, “No agency has the right to strip the citizens of their basic constitutional rights under the guise of failing to properly link their SIM cards with their NINs or failing to do so timeously.”

    According to SERAP, “The blocking of phone lines of Nigerians must only be a last resort measure, and strictly in line with the Nigerian Constitution 1999 [as amended], international human rights and due process safeguards.”

    The letter, read in part: “The arbitrary barring of people’s phone lines is never a proportionate measure as it imposes disastrous consequences and severely hinders the effective enjoyment of economic, social, and cultural rights, as well as civil and political rights.”

    “Blanket measures of barring the phone lines of millions of Nigerians are inconsistent and incompatible with the Nigerian Constitution and human rights treaties to which the country is a state party.”

    “We would be grateful if the recommended measures are taken within 7 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 the NCC to comply with our request in the public interest.”

    “The arbitrary directive and the barring of the phone lines are extreme measures which must meet the strict legal requirements of legality, necessity and proportionality.”

    “The NCC has also apparently failed to conduct an impact assessment of these extreme measures in order to avoid their arbitrary or excessive effects. These extreme measures go against the regulatory objectives of the Nigerian Communications Act and violate Nigerians’ fundamental human rights.”

    “The NCC has clearly failed to abide by the Nigerian Constitution, human rights standards, democratic processes, the rule of law and due process safeguards.”

    “There is no legal justification for the arbitrary barring of phone lines of millions of Nigerians, especially those who have linked their SIM cards with their NINs.”

    “The directive by the NCC to telecommunications providers to bar the phone lines of Nigerians who have linked their SIM cards with their NINs amounts to unlawful, unnecessary, unjustifiable and disproportionate restrictions on the rights to freedom of expression, information and privacy.”

    “The NCC has a direct responsibility to respect the rights to freedom of expression, information and privacy and to take effective measures to protect these fundamental human rights against attacks by third parties such as network providers.”

    “The NCC cannot use the pretext of responding to the security crisis in the country by adopting unlawful restrictions on constitutionally and internationally guaranteed human rights.”

    “Any restriction on the rights to freedom of expression, information and privacy must meet the three-part test under international human rights law, namely that it is provided for by law, it serves to protect a legitimate interest recognised under international law and it is necessary to protect that interest.”

    “The directive by the NCC fails to meet these requirements. Any suspension of the telephone lines of Nigerians who have linked their SIM cards with their NINs would not be justified in the context of the rights to information and privacy.”

    “The use of these telephone lines by Nigerians would pose no risk to any definite interest in national security or public order.”

    “The rights to freedom of expression, information and privacy are essential for the enjoyment of other human rights and freedoms and constitute a fundamental pillar for building a democratic society and strengthening democracy.”

    “A democratic government based on the rule of law is one that is responsible to its citizenry and seeks to represent their interests. Barring the telephone lines of Nigerians has continued to have a chilling effect on the enjoyment of their other human rights.”

    “The directive is also patently contrary to the objectives of the Nigerian Communications Commission (NCC) as contained in Sections 1[g] and 4(1)(b) of the Nigerian Communications Act 2003, which is to ‘protect and promote the rights and interest of consumers within Nigeria.’”

    “Under the Nigerian Constitution and human rights treaties to which Nigeria is a state party, the NCC has a legal responsibility to ensure and protect Nigerians’ rights to freedom of expression, information and privacy.”

    “According to our information, the Nigerian Communications Commission (NCC), has issued a directive to telecommunications providers to bar Nigerians who previously linked their SIM cards to their National Identification Numbers (NINs).”

    “According to the NCC, ‘people who probably didn’t get a cleared or verified NIN’ have been barred because the earlier ones they submitted were not good.’ The NCC also reportedly issued a directive to telecom service providers to bar subscribers who have failed to link their phone numbers to their NIN by February 28, 2024.”

    “Over 40 million telephone lines have reportedly been barred allegedly for failing to link their SIM cards to their NINs, and face the risk of being forfeited. The NCC has threatened that ‘If the barred lines are not acted upon in the next 180 days, they won’t be able to receive calls but will only be able to text and make calls.’”

    “Over 70 million bank account holders face the risk of being barred from accessing their accounts.”

    “Section 39 of the Nigerian Constitution guarantees the right to freedom of expression. Article 19(1) of the International Covenant on Civil and Political Rights establishes the right to freedom of opinion without interference.”

    “The Human Rights Committee has in fact emphasized that limitations or restrictions should be applied strictly so that they do ‘not put in jeopardy the right itself.’”

    “Directing telecommunications providers to arbitrarily bar the telephone lines of Nigerians is also clearly inconsistent and incompatible with the provisions of the Nigerian Communications Act, 2003.”

  • SERAP gives NNPCL 7 days to account for ‘missing $2.04bn, N164bn oil revenues’

    SERAP gives NNPCL 7 days to account for ‘missing $2.04bn, N164bn oil revenues’

    Socio-Economic Rights and Accountability Project (SERAP) has urged Mr Mele Kolo Kyari, Group Chief Executive Officer of the Nigerian National Petroleum Company (NNPC) Limited to “promptly account for and explain the whereabouts of the alleged missing USD$2.04 billion and N164 billion oil revenues.”

    SERAP said the allegations are documented in the latest annual report recently published by the Auditor-General of the Federation.

    SERAP urged Mr Kyari “to name and shame those responsible for the disappeared oil money, surcharge them for the full amount involved, and hand them over to appropriate anticorruption agencies, as provided for under paragraph 3112(ii) of the Financial Regulations 2009, and recommended by the Auditor-General.”

    SERAP also urged him “to ensure the full recovery and remittance of the missing USD$2.04 billion and N164 billion into the Federation Account without further delay.”

    In the letter dated 17 February 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The missing oil revenues have further damaged the already precarious economy in the country and contributed to very high levels of deficit spending by the government.”

    SERAP said, “Without the full recovery and remittance of the missing USD$2.04 billion and N164 billion oil revenues, the dire economic situation may worsen and Nigerians will continue to be denied access to basic public goods and services.”

    According to SERAP, “the Auditor-General has for many years documented reports of disappearance of public funds from the NNPC. Nigerians continue to bear the brunt of these missing oil revenues.”

    The letter, read in part: “The alleged missing oil revenues reflect a failure of NNPCL accountability more generally and are directly linked to the institution’s continuing failure to uphold the principles of transparency and accountability.”

    “We would be grateful if the recommended measures are taken within 7 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 the NNPCL to comply with our requests in the public interest.”

    “Had the NNPCL and its subsidiaries accounted for and remitted the disappeared public funds into the Federation Account, it is likely that more funds would have been allocated to the fulfillment of economic and social rights, such as increased spending on public goods and services.”

    “The missing oil revenues have also impeded Nigerians’ ability to enjoy their economic and social rights, and denied them access to essential public goods and services, especially at the time of cost of living crisis in the country.”

    “Explaining the whereabouts of the missing public funds, naming and shaming those suspected to be responsible and ensuring that suspected perpetrators are brought to justice and the full recovery of any missing public funds would serve the public interest and end the impunity of perpetrators.”

    “Nigerians have the right to know the whereabouts of the disappeared oil money. Ensuring transparency and accountability in the management of oil revenues would advance the right of Nigerians to restitution, compensation and guarantee of non-repetition.”

    “According to the recently published 2020 audited report by the Auditor General of the Federation (AGF), the Nigerian National Petroleum Corporation (NNPC) failed to remit over USD$2 billion and N164 billion oil revenues into the Federation Account.”

    “The Auditor-General fears that the money may have been diverted into private pockets, denying the government the funding needed to carry out its activities.”

    “The NNPCL reportedly failed and/or refused to remit N151,121,999,966. The NNPCL without any justification deducted the money from the oil royalties assessed for 2020 by the Department of Petroleum Resources (DPR) now Nigerian Upstream Petroleum Regulatory Commission (NUPRC).”

    “The NNPCL has failed to account for the missing public funds. The Auditor-General wants the money recovered and remitted into the Federation Account.”

    “The NNPCL also failed to remit USD$19,774,488.15 collected as government revenue into the Federation Account. The Auditor-General wants the NNPCL to account for the money, recover and remit it into the Federation Account, and to hand over those suspected to be involved to the ICPC and the EFCC.”

    “The Nigerian Petroleum Development Company (NPDC) Ltd also reportedly failed to account for USD$2,021,411,877.47 and N13,313,565,786.49 of royalties collected from crude oil and gas sales and gas flare.”

    “The Auditor-General wants the public funds fully recovered and remitted into the Federation Account and for those suspected to be responsible for the missing public funds to be handed over to the ICPC and the EFCC.”

    “These grim allegations by the Auditor-General suggest a grave violation of the public trust and the provisions of the Nigerian Constitution 1999 [as amended], national anticorruption laws, and the country’s obligations under the UN Convention against Corruption.”

    “The allegations have undermined the economic development of the country, trapped the majority of Nigerians in poverty and deprived them of opportunities.”

    “SERAP is concerned that despite the country’s enormous oil wealth, ordinary Nigerians have derived very little benefit from oil money primarily because of widespread grand corruption, and the entrenched culture of impunity of perpetrators.”

    “Combating the corruption epidemic in the oil sector would alleviate poverty, improve access of Nigerians to basic public goods and services, and enhance the ability of the government to meet its human rights and anti-corruption obligations.”

    “SERAP notes that Section 15(5) of the Nigerian Constitution 1999 (as amended) 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.’”

    “Section 13 of the Nigerian Constitution 1999 [as amended] imposes clear responsibility on the NNPCL to conform to, observe and apply the provisions of Chapter 2 of the constitution.”

    “Paragraph 3112(ii) of the he Financial Regulations 2009 provides that, ‘Where a public officer fails to account for government revenue, such officer shall be surcharged for the full amount involved and such officer shall be handled over to either the Economic and Financial Crimes Commission (EFCC) or the Independent Corrupt Practices and Other Related Offences Commission (ICPC).’”

    “Nigeria has made legally binding commitments under the UN Convention against Corruption to ensure accountability in the management of public resources. Articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on the NNPCL to ensure proper management of public affairs and public funds. These commitments ought to be fully upheld and respected.”

  • Probe missing $3.4 billion IMF loan, SERAP tells Tinubu

    Probe missing $3.4 billion IMF loan, SERAP tells Tinubu

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu “to direct the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, SAN, and appropriate anti-corruption agencies to promptly probe the allegations that $3.4 billion loan obtained from the International Monetary Fund (IMF) is missing, diverted or unaccounted for.”

    The 2020 annual audited report published last week by the Auditor-General of the Federation documents damning revelations including that there was no document to show the movement and spending of the IMF loan.

    SERAP also urged him to ensure that, “anyone suspected to be responsible should face prosecution as appropriate, if there is sufficient admissible evidence, and any missing IMF loan should be fully recovered and returned to the public treasury.”

    In the letter dated 3 February 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “There is a legitimate public interest in ensuring justice and accountability for these serious allegations. Taking these important measures would end the impunity of perpetrators.”

    SERAP said, “Servicing IMF loan that is allegedly missing, diverted or unaccounted for is double jeopardy for Nigerians—they can neither see nor benefit from the projects for which the loan was approved; yet, they are made to pay both the loan and accrued interests.”

    According to SERAP, “Any failure to investigate these grave allegations, bring suspected perpetrators to justice and recover any missing IMF loan would have serious resource allocation and exacerbate the country’s debt burden.”

    The letter, read in part: “We would be grateful if the recommended measures are taken within 7 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.”

    “The Auditor-General recommends that the money be fully recovered and remitted to the public treasury and those suspected to be involved ‘sanctioned and handed over to anticorruption agencies’.”

    “The allegations of corruption in the spending of IMF loan documented by the Auditor-General undermine economic development of the country, trap the majority of Nigerians in poverty and deprive them of opportunities.”

    “The allegations suggest a grave violation of the public trust, the provisions of the Nigerian Constitution 1999 (as amended), the country’s anticorruption legislation and international anticorruption obligations including under the UN Convention against Corruption.”

    “According to the 2020 annual audited report by the Auditor-General of the Federation published last week, the US$3.4 billion emergency financial assistance obtained from the International Monetary Fund (IMF) to finance the budget and manage the health crisis stemming from the outbreak of COVID-19 pandemic may have been missing, diverted or unaccounted for.”

    “According to the Auditor-General, no information or document was provided to justify the movement and spending of Fund.”

    “The Auditor-General wants the money recovered and remitted to the public treasury and for the evidence of remittance to be forwarded to the Public Accounts Committee of the National Assembly.”

    “The Auditor-General also recommends that anyone suspected to be involved should be ‘sanctioned and handed over to the EFCC and ICPC for investigation and prosecution, as provided for in paragraph 3112 of the Financial Regulations’.”

    “According to reports, Nigeria is expected to spread the payment of the IMF loan from 2023 to 2027. The first instalment, due in 2023, is worth $497.17 million. The second instalment, due in 2024, will be worth $1.76 billion. The third instalment, due in 2025, will be worth $865.27 million.”

    “The final two instalments, due in 2026 and 2027, will each be worth $33.99 million. These instalments will only be interest payments.”

    “Investigating the allegations and naming and shaming and prosecuting those suspected to be responsible for the missing IMF would serve the public interest and end the impunity of perpetrators.”

    “Impunity for corruption in the management of loans obtained by Nigeria will continue as long as high-ranking public officials go largely unpunished for their alleged crimes. It is by pursuing these allegations and taking the evidence before the court that the truth will be revealed and justice best served.”

    “SERAP notes that the consequences of corruption are felt by citizens on a daily basis. Corruption exposes them to additional costs to pay for health, education and administrative services.”

    “SERAP notes that your government has a sacred duty to ensure that the country’s loans including those obtained from the IMF are transparently and accountably used solely for the purposes for which the loans are obtained, and for the effective development of public goods and services as well as the general public interests.”

    “This implies providing strong leadership in the efforts to curb public sector corruption, and to refer to appropriate anticorruption agencies any allegations of corruption in which any officials and agencies of government may be involved or complicit.”

    “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 and abuse of power’ in the country.”

    “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.’”

    “Similarly, articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on your government to ensure proper management of public affairs and public funds including loans obtained by the country, and to promote sound and transparent administration of public affairs.”

    “The UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption to which Nigeria is a state party obligate your government to effectively prevent and investigate allegations of corruption and mismanagement of public funds including loans obtained by the country.”

    “Specifically, article 26 of the UN convention requires your government to ensure ‘effective, proportionate and dissuasive sanctions’ including criminal and non-criminal sanctions, in cases of grand corruption.”

    “Article 26 complements the more general requirement of article 30, paragraph 1, that sanctions must take into account the gravity of the corruption allegations.”

  • Account for over N40 trillion LGA allocations or face legal action, SERAP tells 36 governors, Wike

    Account for over N40 trillion LGA allocations or face legal action, SERAP tells 36 governors, Wike

    Socio-Economic Rights and Accountability Project (SERAP) has urged the 36 state governors in the country and the Minister of the Federal Capital Territory, Abuja, Mr Nyesom Wike to “disclose details of federal allocations meant for local governments in your state and the FCT and the actual disbursement of the allocations to the local governments since the return of democracy in 1999.”

    SERAP also urged them “to promptly invite Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) to investigate the actual disbursement and spending of federal allocations meant for local governments in your state and the FCT since May 1999.”

    Former president Muhammadu Buhari had in December 2022 stated that, “If the money from the Federation Account to the State is about N100m, N50m will be sent to the chairman but he will sign that he received N100 million. The chairman will pocket the balance and share it with whoever he wants to share it with.’”

    In the freedom of information requests dated 27 January 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “Nigerians have the right to know the details of actual disbursement and spending of federal allocations in your state and the FCT.”

    SERAP said, “States and the FCT should be guided by transparency and accountability principles and proactively publish information pertaining to their actual disbursement and spending of federal allocations meant for local governments.”

    According to SERAP, “Opacity in the amounts of federal allocations actually disbursed to local governments in your state has continued to have negative impacts on the fundamental interests of the citizens and the public interest.”

    The FoI requests, read, in part: “We would be grateful if the recommended measures are taken within 7 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 you and your state and the FCT to comply with our requests in the public interest.”

    “Transparency in the actual disbursement and spending of federal allocations meant for local governments is fundamental to increase accountability, prevent corruption, and build trust in democratic institutions, and strengthen the rule of law.”

    “Implicit in the freedom of expression is the public’s right to know what governments are doing on their behalf, without which truth would languish and people’s participation in government would remain fragmented.”

    “Transparency would ensure that the allocations are not diverted into private pockets, and increase public trust that the money would be used to benefit Nigerians resident in these local government areas.”

    “SERAP is seriously concerned that years of allegations of corruption and mismanagement of federal allocations meant for local governments have contributed to widespread poverty, underdevelopment and lack of access to public goods and services in several states.”

    “Ensuring transparency and accountability in the actual disbursement and spending of federal allocations in your state would also improve the enjoyment by Nigerians of their right to natural wealth and resources.”

    “You have a legal responsibility to promote transparency and accountability in the actual disbursement and spending of federal allocations meant for local government areas in your state, and to ensure that the allocations are dully and fully disbursed to the local governments.”

    “SERAP is concerned that despite the country’s enormous oil wealth, ordinary Nigerians have derived very little benefit from oil money primarily because of widespread grand corruption, and the culture of impunity of perpetrators.”

    “Combating the corruption epidemic in the spending of federal allocations meant for local government areas in your state would alleviate poverty, improve access of Nigerians to basic public goods, and enhance the ability of the local governments to effectively and efficiently discharge their constitutional and statutory responsibilities.”

    “According to our information, the 36 states in Nigeria and the federal capital territory, Abuja, have collected over N40 trillion federal allocations meant for the 774 local governments areas in the country and FCT.”

    “The Federation Account Allocation Committee (FAAC) disbursed to states N225.21 billion federal allocations meant for local governments in November 2023 alone. States also collected N258,810,449,711.47 federal allocations meant for local government areas in December 2023.”

    “However, there is opacity in the actual disbursement of federal allocations to the local government areas in your state. States and the FCT have over the years failed and/or refused to disclose the portion of federal allocations that are disbursed by state governors.”

    “SERAP notes that former president Muhammadu Buhari recently alleged that state governors routinely pocket or divert federal allocations meant for local governments areas in their states.”

    “According to Buhari, ‘If the money from the Federation Account to the State is about N100 million, N50 million will be sent to the chairman but he will sign that he received N100 million. The chairman will pocket the balance and share it with whoever he wants to share it with.’”

    “SERAP also urges you to provide details of the transparency and accountability mechanisms that have been put in place to ensure that the trillions of naira of federal allocations that have been received by your state and the FCT are not embezzled, misappropriated or diverted into private pockets.”

    “Section 162(6) of Nigerian Constitution 1999 (as amended) provides that each state shall maintain a ‘State Joint Local Government Account’ into which all allocations to local government councils from the Federation Account and from the Government of the State shall be paid.”

    “Section 162(5) makes it mandatory that amounts standing to the credit of the councils will be allocated to the States for the benefit of their local government councils.” “Section 13 of the Nigerian Constitution imposes clear responsibility on your state to conform to, observe and apply the provisions of Chapter 2 of the constitution.”

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

    “Nigeria has made legally binding commitments under the UN Convention against Corruption to ensure accountability in the management of public resources. Articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on your state to ensure proper management of public affairs and public funds.”

    “The public interest in publishing the information sought outweighs any considerations to withhold the information. Nigerians are entitled to the right to receive information without any interference or distortion, and the enjoyment of this right should be based on the principle of maximum disclosure.”

  • Probe payment of N585.2m grant into private account or face legal action, SERAP tells Tinubu

    Probe payment of N585.2m grant into private account or face legal action, SERAP tells Tinubu

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Ahmed Tinubu to direct the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, SAN, and appropriate anti-corruption agencies to promptly and thoroughly probe the alleged payment by the Minister of Humanitarian Affairs, Betta Edu of N585.2 million meant for disbursement to vulnerable people in Akwa Ibom, Cross River, Lagos, and Ogun states into a private account.”

    SERAP also urged him “to direct Mr Fagbemi and appropriate anti-corruption agencies to promptly and thoroughly investigate whether the N585.2 million has been paid into any private account, and to identify and publish the names of anyone who may have received the money.”

    SERAP said, “Anyone suspected to be involved in any improper payment or diversion of public funds should be brought to justice and any diverted public funds returned to the public treasury and paid directly to the rightful beneficiaries.”

    In the letter dated 6 January 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “Paying public funds into private accounts may create the perception or appearance of impropriety and give cover to any potential wrongdoing or diversion.”

    According to SERAP, “Investigating these allegations and ensuring that the public funds meant to take care of the poor are transparently and accountably spent and recovering any diverted public funds are serious and legitimate public interests.”

    The letter, read in part: “The public interests in safeguarding against the perception or appearance of impropriety or corruption also require your government to remove the opportunity for abuse inherent in the payment of public funds into private accounts.”

    “The Nigerian Constitution 1999 [as amended], the country’s financial regulations and international obligations impose a fundamental obligation on your government to ensure transparency and accountability in the spending of public funds meant for socially and economically vulnerable Nigerians.”

    “Your government has a legal responsibility to ensure full compliance with the Financial Regulations 2009, prohibiting the payment of public funds into private accounts, to reduce vulnerability to corruption or risks of the funds being diverted for personal ends or other unlawful purposes.”

    “Government officials hold positions of public trust. Public officials are expected to ensure compliance with Nigerian laws and international standards in the discharge of their public functions.”

    “The persistent lack of transparency and accountability in the spending of public funds meant to take care of the poor raises issues of public trust, makes the funds vulnerable to corruption or mismanagement, and undermines the integrity of poverty intervention programmes.”

    “Your government has a legal obligation to probe and prosecute allegations of abuse of office and corruption in the spending of public funds meant to improve the conditions of vulnerable Nigerians.”

    “SERAP is concerned that successive governments have failed to ensure transparency and accountability in the spending of public funds budgeted for social safety-nets and poverty alleviation programmes and projects.”

    “Any risks of corruption in the spending of public funds meant to take care of the poor would erode the effectiveness of the government’s oft-repeated commitment to address the impact of the removal of fuel subsidy on vulnerable Nigerians.”

    “We would be grateful if the recommended measures are taken within 7 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.

    “Any failure to investigate these grave allegations, bring suspected perpetrators to justice and recover any diverted public funds would undermine the integrity of the government’s poverty intervention programmes”

    “It would also create cynicism, and eventually citizens’ distrust about the ability of your government to prevent corruption or the appearance of corruption in the programmes.”

    “Nigerians have the right to be free from poverty. Any risks of diversion of public funds budgeted to lift vulnerable Nigerians out of poverty would pose both direct and indirect threats to human rights, and exacerbate extreme poverty in the country.”

    “It would also undermine your government’s legal obligations to effectively and progressively address and combat extreme poverty as a matter of human rights.”

    “SERAP also urges you to direct Betta Edu to publish details of spending of public funds drawn from the account of the National Social Investment Program (NSIPA), an agency under the Ministry of Humanitarian Affairs and Poverty Allegation, including the names of beneficiaries and details of the amounts received by them since 29 May 2023.”

    “SERAP urges you to instruct the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and Other Related Offences Commission (ICPC) to jointly track and monitor the spending of any public funds drawn from the account(s) of the National Social Investment Program (NSIPA).”

    “According to our information, the Minister of Humanitarian Affairs, Betta Edu, in a memo dated 20 December 2023 reportedly requested the Accountant General of the Federation, Oluwatoyin Madein, to transfer public fund – N585.2 million – into a private account of an official in her ministry.”

    “According to the memo, the money was transferred from the National Social Investment Program office account and is meant for disbursement to vulnerable people in Akwa Ibom, Cross River, Lagos, and Ogun states, under the federal government poverty intervention project called Grants for Vulnerable Groups. N219.4 million is to be transferred to the vulnerable people in Akwa Ibom State, N73.8 million to Cross River State, N219.4 million to Lagos State, and N72.4 million to Ogun State.”

    “SERAP is seriously concerned that years of allegations of corruption and mismanagement in the spending of public funds meant to support and assist vulnerable Nigerians and entrenched impunity of perpetrators have undermined the ability of successive governments to support those most in need.”

    “Section 15(5) imposes the responsibility on your government to ‘abolish all corrupt practices and abuse of power’ in the country.”

    “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.’”

    “Chapter 7, Section 713 of the Federal Government’s Financial Regulations 2009,  provides: ‘Personal money shall in no circumstances be paid into a government bank account, nor shall any public money be paid into a private account.’”

    “Articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on your government to ensure proper management of public affairs and public funds, and to promote sound and transparent administration of public affairs.”

  • SERAP sues NNPC over failure to account for Nigeria’s daily oil production, revenues

    SERAP sues NNPC over failure to account for Nigeria’s daily oil production, revenues

    Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Nigerian National Petroleum Company (NNPC) Limited over the “failure to disclose details of Nigeria’s daily oil production, exportation and the total amounts of revenues generated from oil since the removal of subsidy on petrol in May 2023.”

    Former Governor of the Central Bank of Nigeria (CBN), Sanusi Lamido Sanusi, had recently alleged that “the NNPCL is failing to remit enough foreign exchange into the treasury despite the removal of fuel subsidy,” asking: “Where is the money?”.

    In the suit number FHC/ABJ/CS/1719/2023 filed last Friday at the Federal High Court in Abuja, SERAP is seeking: “an order of mandamus to direct and compel the NNPC to disclose details of barrels of oil Nigeria produces and exports daily and the total amounts of revenues generated since the removal of subsidy on petrol.”

    SERAP is seeking: “an order of mandamus to compel the NNPC to disclose how much of the revenues generated from the production and exportation of oil have been remitted to the public treasury since the removal of subsidy on petrol.”

    SERAP is also seeking: “an order of mandamus to direct and compel the NNPC to disclose details of payment of 11 Trillion Naira made as subsidy payments from 1999 to May 2023, including a detailed breakdown of the payments made.”

    In the suit, SERAP is arguing that: “There is a legitimate public interest in disclosing the information sought. The NNPC has a legal responsibility to disclose the details of Nigeria’s daily oil production, exportation and the revenues generated and remitted.”

    SERAP is also arguing that, “Nigerians have the right to know the amounts of barrels of oil the country produces and exports daily, the revenues generated and remitted to the public treasury.” Compelling the NNPC to disclose these details would promote transparency and accountability in the oil sector.”

    According to SERAP, “The failure by the NNPC to disclose the information sought is a grave violation of the provisions of the Nigerian Constitution 1999 [as amended], the Freedom of Information Act, and the country’s obligations under the African Charter on Human and Peoples’ Rights.”

    SERAP is arguing that, “Transparency would ensure that the revenues generated from Nigeria’s daily oil production and exportation are not diverted into private pockets, and increase public confidence that the revenues would be used to benefit Nigerians.”

    The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Andrew Nwankwo, read in part: “Nigeria’s daily oil production, exportation and the revenues generated have been mostly shrouded in secrecy.”

    “Disclosing the amounts of barrels of oil the country produces and exports daily, the revenues generated and remitted to the public treasury would also ensure that the NNPC operates within the law.”

    “Transparency and accountability in the amounts of barrels of oil the country produces and exports daily, the revenues generated and remitted to the public treasury would improve the enjoyment by Nigerians of their right to natural wealth and resources.”

    “The public interest in publishing the information sought outweighs any considerations to withhold the information.”

    “Despite the country’s enormous oil wealth, ordinary Nigerians have derived very little benefit from oil money primarily because of widespread grand corruption, and the culture of impunity of perpetrators.”

    “Combating the corruption epidemic in the oil sector would alleviate poverty, improve access of Nigerians to basic public goods and services, and enhance the ability of the government to meet its human rights and anti-corruption obligations.”

    “Section 15(5) of the Nigerian Constitution 1999 (as amended) requires public institutions and officials 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 to serve the common good.’”

    “Section 13 of the Nigerian Constitution 1999 imposes clear responsibility on the NNPCL to conform to, observe and apply the provisions of Chapter 2 of the constitution.”

    “Nigeria has made legally binding commitments under the UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption to ensure transparency and accountability in the management of public resources.”

    “Articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on the NNPCL to ensure proper management of public affairs and public funds. These commitments ought to be fully upheld and respected.”

    “Nigerians are entitled to the right to receive information without any interference or distortion, and the enjoyment of this right should be based on the principle of maximum disclosure, and a presumption that all information is accessible subject only to a narrow system of exceptions.”

    “By Section 1 (1) of the Freedom of Information (FoI) Act 2011, SERAP is entitled as of right to request for or gain access to information, including information on the details of barrels of oil Nigeria produces and exports every day and the total amounts of revenues generated and remitted to the public treasury.”

    “The Freedom of Information Act, Section 39 of the Nigerian Constitution, and article 9 of the African Charter on Human and Peoples’ Rights guarantee to everyone the right to information, including the details of Nigeria’s daily oil production, exportation and the total amounts of revenues generated and remitted to the public treasury.”

    “By the combined reading of the provisions of the Nigerian Constitution, the Freedom of Information Act and the African Charter on Human and Peoples’ Rights, there are transparency obligations imposed on the NNPCL to publish the details sought.”

    “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 public institutions’ activities.”

    “The NNPCL has failed to disclose the amounts of barrels of oil the country produces and exports. The NNPCL has also reportedly failed to publish details of revenues generated from the production and exportation of oil and the amounts of revenues remitted to the public treasury as required by Nigerian laws.”

    “According to the former Governor of the Central Bank of Nigeria (CBN), Sanusi Lamido Sanusi, ‘It is only the NNPCL that can give the figures about how much oil we produce daily, how much we sell, and where the money is going. We are no longer paying subsidies so where are the dollars? Where is the money?’”

    “The NNPCL has a legal responsibility to promote transparency and accountability in the country’s daily oil production, exportation and the revenues generated and remitted to the public treasury. The NNPLC also has a legal responsibility to disclose details of payment of N11 trillion subsidy.”

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

  • Off-cycle elections: SERAP sues INEC over failure to prosecute electoral offenders in Bayelsa, Kogi, Imo

    Off-cycle elections: SERAP sues INEC over failure to prosecute electoral offenders in Bayelsa, Kogi, Imo

    Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Independent National Electoral Commission (INEC) “over the failure to arrest and prosecute suspected perpetrators of grave electoral offences in the recently concluded off-cycle governorship elections in Kogi, Imo and Bayelsa states.”

    In the suit number FHC/ABJ/CS/1694/2023 filed last Friday at the Federal High Court in Abuja, SERAP is seeking: “an order of mandamus to direct and compel INEC to probe the allegations of electoral offences including electoral violence, in the off-cycle governorship elections in Kogi, Imo and Bayelsa states.”

    SERAP is seeking: “an order of mandamus to compel INEC to promptly and effectively prosecute suspected perpetrators of these grave electoral offences, and bring to justice anyone who sponsored, aided and abetted them.”

    SERAP is also seeking: “an order of mandamus to compel INEC to disclose spending details on the off-cycle governorship elections in Kogi, Imo and Bayelsa States, including the specific amount spent to conduct voter and civic education and details of the activities carried out in the three states.”

    In the suit, SERAP is arguing that: “There is a legitimate public interest in ensuring accountability for the grave electoral offences in Kogi, Imo and Bayelsa states. Granting the reliefs sought would compel INEC to live up to its constitutional and statutory responsibilities and end the impunity of electoral offenders.”

    SERAP is also arguing that, “The recurring cases of electoral bribery and violence make a mockery of Nigeria’s electoral process and participatory democracy. The electoral offences in Bayelsa, Kogi and Imo states show that INEC has learnt little or nothing from the well-documented problems during the 2023 general elections.”

    According to SERAP, “Unless INEC is compelled to arrest and prosecute suspected electoral offenders and their sponsors in the elections Kogi, Imo and Bayelsa states, perpetrators would continue to enjoy impunity for their crimes.”

    SERAP is arguing that, “Many years of allegations of electoral offences and the impunity of perpetrators and their sponsors have continued to undermine public trust and confidence in the electoral process and citizens’ right to participation.”

    SERAP is also arguing that, “Electoral integrity is critical to a legitimate democracy. When the integrity of that process is compromised, the legitimacy of the government and the public confidence in public institutions is seriously undermined.”

    The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Andrew Nwankwo, read in part: “INEC has constitutional and statutory duties to ensure accountability for electoral offences in the country, and to guarantee the effective enjoyment of the citizens’ right to vote in future elections.”

    “The right to vote is fundamental and is the essence of a democratic society, and any restrictions on that right strike at the heart of representative government. Nigerians should have the final say in the election of governmental officials.”

    “Persistent cases of electoral offences in the country’s elections gravely violate Nigerians’ right to vote, which is central to the effective participation of every citizen.”

    “Unless INEC is compelled to arrest and prosecute suspected electoral offenders and their sponsors, impunity for these crimes against the Nigerian people will continue. And citizens will continue to lose confidence in the electoral process.”

    “Nigerians have the right to know how INEC is spending public funds in the discharge of its constitutional and statutory responsibilities. It is in the public interest to compel INEC to publish spending details on the elections in the three states.”

    “Electoral bribery and violence and other electoral offences undermine the ability of INEC to discharge its responsibilities under Section 153 of the Nigerian Constitution and paragraph 15(a) of the third schedule of the Constitution, and the Electoral Act.”

    “Allegations of electoral offences during the off-cycle governorship elections in the three states are contrary to the Nigerian Constitution, the Electoral Act and international standards.”

    “The Nigerian Constitution provides in Section 14(1)(c) that, ‘the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.’”

    “Sections 121 and 127 of the Electoral Act prohibit electoral bribery and undue influence before, during and after any election. Section 145(2) provides that, ‘a prosecution under this Act shall be undertaken by legal officers of the Commission or any legal practitioner appointed by it.’”

    “Under section 2(a) and (b), the commission ‘shall have power to conduct voter and civic education and to promote knowledge of sound democratic election processes.’”

    “The crisis confronting the country’s elections and lack of public trust and confidence in the electoral process can be addressed if impunity for electoral offences is combated through the arrest and prosecution of suspected perpetrators.”

    “According to our information, the governorship elections in Kogi, Imo and Bayelsa states witnessed cases of electoral offences including electoral violence, vote-buying, conspiracy, and undue influence.”

    “There are reports of specific cases of pre-completed result sheets including in five local government areas of Kogi State – Adavi, Ajaokuta, Ogori/Magongo, Okehi and Okene.

    “Suspected political thugs reportedly harassed journalists covering the governorship election in Omuma Community in Oru East Local Government Area of Imo State. INEC official in the Oguta Local Government Area (LGA) of Imo State also alleged that some men invaded her polling unit and carted away result sheets.”

    “According to the Centre for Democracy and Development (CDD), there were several reports of electoral violence and vote buying across the three states. For example, there were reports of incidents in PU 1, Ward 8 and PU 11, Ward 1 in Sagbama LGA in Bayelsa West.”

    “In Bayelsa Central, vote trading was reported in PU 16, Ward 6 in Yenegoa LGA, PU 22, PU 30 and 31, Ward 13 in Southern Ijaw LGA with reports of voter inducements ranging from N5,000 – N22,000, and items such as wrappers and rice were also reportedly shared to buy votes.”

    “In Kogi, there were reports of vote buying in PUs 004, 038 and 039 in Ward A of Lokoja LGA, where party agents were allegedly sharing out money to voters upon confirmation that they voted for their party candidates.”

    “In Imo, the two major parties’ agents reportedly engaged in vote buying, sharing between N2000 to N3000. INEC officials were reportedly bribed. Electoral violence was reported in Dekini LGA, town where a thug was reportedly shot and killed by military officials while fleeing in an attempt to snatch a ballot box.”

    “INEC presiding officer was also reportedly abducted in Bayelsa while on his way to the Registration Area Centre – 06 (Ossioma) in Sagbama Local Government Area.” There are reports of thugs attacking several polling units in the three states.”

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

  • Disclose how much oil Nigeria produces, exports daily, SERAP tells NNPC

    Disclose how much oil Nigeria produces, exports daily, SERAP tells NNPC

    The Socio-Economic Rights and Accountability Project, SERAP, has urged Mele Kolo Kyari, the Group Chief Executive Officer, Nigerian National Petroleum Company, NNPC, Limited to disclose how much oil Nigeria produces and exports daily within seven working days.

    SERAP alleged that the NNPCL had failed to disclose the amounts of barrels of oil the country produces and exports according to information at its disposal.

    The organization also asked Kyari “to disclose how much of the revenues generated from oil have been remitted to the public treasury since the removal of subsidy on petrol.”

    This was disclosed in a letter signed by SERAP Deputy Director, Kolawole Oluwadare, noting there was a legitimate public interest in disclosing the information sought.

    “Nigerians are entitled to the right to receive information without any interference or distortion, and the enjoyment of this right should be based on the principle of maximum disclosure, and a presumption that all information is accessible subject only to a narrow system of exceptions.”

    “By Section 1 (1) of the Freedom of Information (FoI) Act 2011, SERAP is entitled as of right to request for or gain access to information, including information on the details of barrels of oil Nigeria produces and exports every day and the total amounts of revenues generated and remitted to the public treasury.”

    SERAP argued that the “Opacity in the amounts of barrels of oil the country produces and exports daily, the revenues generated and remitted to the public treasury would have negative impacts on the fundamental interests of the citizens and the public interest.”

    The organization said it would consider appropriate legal actions to compel the NNPCL to comply with the requests in the public interest, if it did not get any response within seven days.

    SERAP recalled that the former Governor of the Central Bank of Nigeria, CBN, Sanusi Lamido Sanusi, had last week alleged that “the NNPCL is failing to remit enough foreign exchange into the treasury despite the removal of fuel subsidy.”

    According to the organization the NNPCL has a legal responsibility to promote transparency and accountability in barrels of oil the country produces and exports every day.

  • N87.4trn debt: Reject Wike’s plan to spend N15bn on ‘a befitting residence’ for VP, SERAP tells Akpabio

    N87.4trn debt: Reject Wike’s plan to spend N15bn on ‘a befitting residence’ for VP, SERAP tells Akpabio

    Socio-Economic Rights and Accountability Project (SERAP) has urged the Senate President, Mr. Godswill Akpabio to use his leadership position “to promptly reject the plan by the Minister of the FCT, Nysom Wike to spend N15 billion for the construction of ‘a befitting residence’ for the Vice President, Mr. Kashim Shettima.”

    SERAP urged him to “assert Senate’s authority and constitutional oversight roles to reject the N2.8 billion on publicity for the FCTA and other proposed wasteful and unnecessary spending that may be contained in the 2023 supplementary budget and the 2024 budget proposed by President Bola Tinubu.”

    In the letter dated 2 December 2023 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The plan to spend N15 billion on ‘a befitting residence’ for the vice president is a fundamental breach of the Nigerian Constitution and the country’s international anticorruption and human rights obligations.”

    SERAP said: “The Senate has the constitutional duties to ensure that Mr Wike’s proposed spending is entirely consistent and compatible with constitutional provisions including his oath of office. All public officials remain subject to the rule of law.”

    SERAP also said, “The National Assembly including the Senate has a constitutional responsibility to address the country’s debt crisis, including by rejecting wasteful and unnecessary spending to satisfy the personal comfort and lifestyles of public officials.”

    The letter, read in part: “The National Assembly cannot continue to fail to fulfil its oversight function. The Senate must assert and demonstrate its independence by checking and rejecting all wasteful and unnecessary spending by the executive.”

    “It would be a grave violation of the public trust and constitutional oath of office for the Senate to approve the plan to spend N15 billion on ‘a befitting residence’ for the vice president at a time when the Federal Government is set to spend 30% (that is, N8.25 trillion) of the country’s 2024 budget of N27.5 trillion on debt service costs.”

    “The Federal Government also plans to borrow N7.8 trillion to fund the 2024 budget. Nigeria’s public debt stood at 87.4 trillion naira as of June with 38% owed to external creditors including multilateral and commercial lenders.”

    “Should the Senate and its leadership fail to stop wasteful and unnecessary spending and rein in government borrowing, SERAP would consider appropriate legal action to compel the National Assembly including the Senate to discharge its constitutional oversight roles in the public interest.”

    “SERAP urges you to refer to the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and Other Related Offences Commission (ICPC) the allegations of corruption in the spending of the previously approved N7 billion for the construction of a new residence for the vice president.”

    “The ‘construction’ was reportedly abandoned but the whereabouts of the N7 billion remain unknown.”

    “The Senate has the constitutional competence and legitimacy to compel compliance with the Nigerian Constitution and the country’s international obligations.”

    “The Senate ought to assert its authority and vigorously exercise its constitutional oversight roles to check the apparently wasteful and unnecessary spending by Mr Wike especially given the growing debt crisis and the indiscriminate borrowing by the government.”

    “It is a travesty and a fundamental breach of the lawmakers’ fiduciary duties for the National Assembly to allow the executive to use national budget as a tool to satisfy the comfort and lifestyle of public officials.”

    “Nigerians have a right to honest and faithful performance by their public officials including lawmakers, as public officials owe a fiduciary duty to the general citizenry.”

    “Cutting the N15 billion on ‘a befitting residence’ from the FTCA budget would be entirely consistent with your constitutional oath of office, and the letter and spirit of the Nigerian Constitution, as it would promote efficient, honest, and legal spending of public money.”

    “According to our information, the Minister of the FCT, Nysom Wike and the Federal Capital Territory Administration (FCTA) plan to spend N15 billion for the construction of ‘a befitting residence’ for the Vice-President, Mr Kashim Shettima.”

    “The plan is contained in the N67 billion FCT supplementary budget which President Bola Tinubu had on Tuesday transmitted to the National Assembly for approval.”

    “SERAP notes that Mr Wike proposed plan to spend N15 billion on a new residence for the vice president despite the recent allocation of N2.5 billion for the renovation of the current residence of the VP in the federal government’s supplementary budget already passed by the National Assembly and signed by President Tinubu.”

    “The House of Representatives has reportedly approved the plan to spend N15 billion on ‘a befitting residence’ for the vice president.”

    “The National Assembly has also approved another N3 billion for the renovation of the vice president’s residence in Lagos State. Mr Wike also plans to spend N2.8 billion on publicity for the FCTA.”

    “The proposed plan to spend 15 billion on ‘a ‘a befitting residence’ for the vice president is different from the N100 billion for the FCT contained in the federal government supplementary budget.”

    “SERAP notes that the Federal Government has also budgeted N8 billion on the two official residences of President Tinubu in Abuja and Lagos.”

    “On top of the planned spending of N15 billion on ‘a befitting residence’ for the vice president, billions of naira have been allocated for the purchase of cars for the Villa and the Office of the First Lady.”

    “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.”

    “Under Section 16(1)(a)(b), the National Assembly including the Senate has the obligations to ‘harness the resources of the nation and promote national prosperity and an efficient, a dynamic and self-reliant economy’, and to ‘secure the maximum welfare, freedom and happiness of every citizen.’”

    “Under sections 59(2) and 299 of the Nigerian Constitution, the National Assembly including the Senate has legislative powers over money bills including the proposed N15 billion, and other wasteful and unnecessary spending by the Federal Government.”

  • N87trn debt: ‘Suspend loans to Nigeria’s 36 states over misspending’, SERAP tells World Bank

    N87trn debt: ‘Suspend loans to Nigeria’s 36 states over misspending’, SERAP tells World Bank

    Socio-Economic Rights and Accountability Project (SERAP) has urged the World Bank President Mr Ajay Banga “to promptly, transparently and effectively conduct investigation into spending of loans and other facilities by the country’s 36 state governors and to suspend any loans and funding if there is relevant admissible evidence of mismanagement or diversion of public funds by any of the states.”

    SERAP also urged the Bank to “suspend further applications for loans and any other funding to the 36 states until these states are able to satisfactorily explain details of spending of loans and other facilities obtained from the Bank and its partners.”

    Many of the country’s 36 states are allegedly mismanaging public funds which may include loans obtained from the Bank and its partners, and allocations from the Federal Government, which may also include loans obtained from the Bank.

    In the letter dated 25 November 2023 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “The World Bank and its partners cannot continue to give loans and other funding to these states where there are credible allegations of mismanagement or diversion of public funds.”

    SERAP said, “We are concerned that there is a significant risk of mismanagement or diversion of funds linked to the Bank’s investments in many of the country’s 36 states. It is neither appropriate nor responsible lending to give loans to these states only for the loans to be misspent.”

    The letter, read in part: “The World Bank’s lending, and support for these states may create the impression of complicity in the allegations of mismanagement or diversion of public funds by the states which may include loans from the Bank and its partners, and federal allocations.”

    “We would consider the option of pursuing legal action should the World Bank fail or fail to implement the recommendations contained in this letter, and we may join the country’s 36 states in any such suit.”

    “According to Nigeria’s Debt Management Office, total public debt portfolio for the country’s 36 states and the Federal Capital Territory is N9.17 trillion. The Federal Government’s total public debt portfolio is N78.2 trillion.”

    “SERAP also urges you to demand expressed commitment from Nigeria’s 36 governors to address credible allegations of mismanagement or diversion of public funds in their states and provide guarantees that loans and funding from the Bank and its partners would not be used to fund the luxurious lifestyles of politicians.”

    “SERAP urges the Bank to send independent monitors to the 36 states to monitor the spending of the loans and other funding obtained from the Bank and its partners to remove the risks of mismanagement or diversion of public funds by these states.”

    “The World Bank currently has a portfolio of about $8.5 billion spread across the country. The Bank has also approved several loans and other funding facilities to the country’s 36 states including the recent $750 million credit line meant to the states carry out reforms to attract investment and create jobs.”

    “The accounts of Nigeria’s 36 states are generally not open to public scrutiny as many of them continue to refuse freedom of information requests seeking transparency and accountability in the spending of public funds.”

    “The World Bank and its partners need to make clear to Nigeria’s state governors that it would not tolerate any mismanagement or diversion of public funds by immediately suspending any pending loans and other funding to them until the allegations of mismanagement or diversion of public funds are investigated.”

    “The Bank has a legal responsibility to ensure that suspected perpetrators are brought to justice, and that any mismanaged or diverted public funds are returned to the treasuries of the states.”

    “The World Bank has the legal obligations to observe and promote compliance with the Nigerian Constitution 1999 [as amended] and domestic laws including the Fiscal Responsibility Act of 2007.”

    “Nigeria’s total public debt stock, including external and domestic debts, increased to N46.25 trillion or $103.11 billion in the fourth quarter of 2022.”

    “Many states reportedly owe civil servants’ salaries and pensions. Several states are borrowing to pay salaries. Millions of Nigerians resident in these states continue to be denied access to basic public goods and services such as quality education and healthcare.”

    “Several state governors are also reportedly spending public funds which may include funding obtained from the Bank and its partners and allocations from the Federal Government to fund unnecessary travels, buy exotic and bulletproof cars and generally fund the lavish lifestyles of politicians.”

    “The country’s 36 states have reportedly spent N1.71tn on recurrent expenditures, including allowances, foreign trips, office stationery, and aircraft maintenance in the first nine months of 2023.”

    “In Abia State, the government reportedly spent N397,520,734.84 on ‘feeding and welfare’ and N223,389,889.84 on ‘refreshments and meals.’”

    “The Akwa Ibom State government has reportedly spent N92.54bn on allowances and social contributions, social benefits, travel and transport, utilities such as electricity chargers, Internet access charges, and on materials and supplies such as office stationery, drugs, laboratory and medical supplies, maintenance, training in the first two quarters alone.”

    “The government has also reportedly spent N10m on hosting/mobilisation of political associations and interest groups, and N841.83m on entertainment at meetings.”

    “The Adamawa State government has reportedly spent N40.90bn on non-salary expenditure as of the end of quarter three, 2023 including on furniture allowance, travel and training, domestic and foreign, office stationery and consumables, and refreshments and meals.”

    “The Anambra State government also reportedly spent N15.17bn frivolous items, as of the end of quarter two, 2023. While Bauchi State government reportedly spent N70.25bn on frivolous items, Bayelsa State government spent N58.26 on travel, welfare packages, burial logistics, meeting expenses, ‘praise night/thanksgiving expenses’, and ‘marriage ceremony support’.”

    “In Lagos State, N440,750,000 was reportedly awarded to the Office of the Chief of Staff for the “procurement of a brand new bullet-proof Lexus LX 600 for use in the pool of the Office of Chief of Staff.” Some N2bn was also reportedly budgeted to buy rechargeable fans, rechargeable lights and fridge in the Office of the Deputy Governor.”

    “The Benue State government reportedly spent N34.44bn on ‘special day celebrations’ ‘welfare packages’, ‘security votes’, and materials and supplies such as office stationery, and books.”

    “According to reports, Borno, Cross Rivers, Delta, Ebonyi states also respectively spent N32.63bn, N43.71bn, N152.15bn, N30.91bn, and N41.11bn on frivolous items and the public funds may have been mismanaged or diverted.”

    “Ekiti State reportedly spent N31.33bn on local and international travel and transport, miscellaneous such welfare packages, refreshments, honorarium and sitting allowances. According to reports, both Enugu and Gombe states respectively spent N33.36bn and N24.73bn on frivolous items and the public funds may have been mismanaged or diverted.”

    “Imo State government reportedly spent N58.21bn on refreshments and meals, welfare packages, and other allowances. Jigawa State reportedly spent N49.64bn on transport and travelling, materials and supplies including drugs, vaccines, medical supplies, and stationeries.”

    “According to reports, Kaduna, Kano, Katsina, Kebbi, Kwara and Kogi states also respectively spent N27.87bn, N17.79bn, N40.49bn, N24.51bn, N41.19bn, and N58.02bn on frivolous items and the public funds may have been mismanaged or diverted.”

    “Section 41 of the Fiscal Responsibility Act provides: ‘Government at all tiers shall only borrow for capital expenditure and human development.’”

    “Section 44 of the Fiscal Responsibility Act provides: ‘Any Government in the Federation or its agencies and corporations desirous of borrowing shall, specify the purpose for which the borrowing is intended and present a cost-benefit analysis, detailing the economic and social benefits of the purpose to which the intended borrowing is to be applied.’”

    “Under Section 45, ‘All banks and financial institutions shall request and obtain proof of compliance with the provisions of this Part before lending to any Government in the Federation. 2) Lending by banks and financial institutions in contravention of this Part shall be unlawful.’”

    “The World Bank and its partners have obligations under international anticorruption and human rights law, including a responsibility to promote transparency and accountability in the management of public funds, prevent mismanagement or diversion of public funds, and redress any abuse of public trust that they may have contributed to.”

    “As a UN specialized agency, the World Bank also has an obligation to promote transparency and accountability in the management of public resources and effective implementation of the UN Convention against Corruption to which Nigeria is a state party.”

    “The World Bank’s board of executive directors also has an obligation to ensure that the policies and decisions of the Bank are consistent with their own statutes and governments’ transparency and accountability obligations.”