Tag: SERAP

SERAP threatens to drag Tinubu to court over proposed 114% salary increase for government officials

The Socio-Economic Rights and Accountability Project, (SERAP) has vowed to drag President Bola Tinubu’s administration to court over the proposed salary raise for top government officials.

Recall that the Revenue Mobilisation, Allocation, and Fiscal Commission had recommended an upward review of the basic salaries of political and judicial office holders.

The Chairman of the commission, Alhaji Muhammadu Shehu, who was represented by the RMAFC commissioner from Kebbi State, Mrs Rakiya Tanko-Ayuba, disclosed this on Tuesday in Birnin Kebbi during the presentation of the reviewed remuneration package of political and judicial office holders to the state Governor, Dr Nasir Idris

The president, his vice, lawmakers, judges and the 36 state governors have been included as beneficiaries of the proposed salary raise.

Reacting, SERAP, in a tweet on its official handle, described the salary increments as outrageous, lamenting that over 133 million Nigerians are currently living in abject poverty.

The tweet reads, “We’re suing the Tinubu administration over its outrageous and illegal 114 per cent increase in the salaries of the President, vice president, state governors and lawmakers, while over 133 million Nigerians live in extreme poverty”.

June 22, 2023
Subsidy: SERAP drags Tinubu to court over failure to prove payments

Socio-Economic Rights and Accountability Project (SERAP) has dragged President Bola Ahmed Tinubu over “the failure to probe the allegations that USD$2.1 billion and N3.1 trillion public funds of oil revenues and budgeted as fuel subsidy payments are missing and unaccounted.”

The suit at the Federal High Court in Lagos followed allegations documented by the Auditor-General of the Federation in the 2016 and 2019 annual reports that the public funds are missing.

In the suit number FHC/L/CS/1107/23 filed last Friday is seeking: “an order of mandamus to direct and compel President Tinubu to promptly probe allegations that USD$2.1 billion and N3.1 trillion public funds are missing and unaccounted for between 2016 and 2019.”

SERAP is also seeking: “an order of mandamus to compel President Tinubu to direct the anti-corruption agencies to promptly probe fuel subsidy payments made by governments since the return of democracy in 1999, name and shame and prosecute suspected perpetrators, and to recover any proceeds of crimes.”

The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Ms Adelanke Aremo, Ms Valentina Adegoke, and Ayomide Johnson, wants “an order of mandamus to direct and compel President Tinubu to use any recovered proceeds of crime as palliatives to address the impact of the subsidy removal on poor Nigerians, and to put in place mechanisms for transparency and accountability in the oil sector.”

SERAP argues that “The allegations that US$2.1 billion and N3.1 trillion of public funds are missing and unaccounted amount to a fundamental breach of national anticorruption laws and the country’s international obligations including under the UN Convention against Corruption to which Nigeria is a state party.”

“The Tinubu government has constitutional and international legal obligations to get to the bottom of these allegations and ensure accountability for these serious crimes against the Nigerian people.”

“Directing and compelling President Tinubu to promptly probe, name and shame and bring to justice the perpetrators and to recover any missing public funds would advance the right of Nigerians to restitution, compensation and guarantee of non-repetition.”

“Allegations of corruption in fuel subsidy payments suggest that the poor have rarely benefited from the use and management of the payments.”

“There will be no economic growth or sustainability without accountability for the human rights crimes.

“Poor and socio-economically vulnerable Nigerians should not be made to continue to pay the price for the stealing of the country’s oil wealth while state and non-state actors pocket public funds.

“Investigating and prosecuting the allegations, and recovering any missing public funds would serve the public interest, ensure justice and accountability, and end the entrenched impunity of perpetrators.

“According to the audited reports between 2016 and 2019 by the Auditor General of the Federation (AGF), the Nigerian National Petroleum Corporation (NNPC) failed to remit N663,896,567,227.58 into the Federation Account. The Auditor-General fears that the money may be missing.

“The NNPC also reportedly failed to account for the allocation of crude oil to refineries in 2019. 107,239,436.00 barrels of crude oil were lifted as domestic crude without any document. The Auditor-General fears that the crude valued at N55,891,009,960.63 may have been diverted.

“The NNPC in 2019 also failed to remit N1,955,354,671,268.66 and N55,157,702,848.74 of generated revenues into the Federation Account, contrary to Section 162(1) of the Nigerian Constitution 1999 [as amended]. The Auditor-General fears that the money may have been diverted.

“The NNPC also failed to account for N4,572,844,962.25 of ‘domestic gas receipts’, thereby ‘reducing the distributable revenue in the Federation account.’ The NNPC also in 2019 failed to account for 22,929.84 litres of PMS pumped from refineries and valued at N7,056,137,180.00.

“The NNPC also ‘illegally classified’ 239,800 barrels of crude oil valued at N5,498,045,220 as ‘crude oil losses.’

“The Department of Petroleum Resources (DPR) in 2019 also reportedly failed to remit US$1,278,364,595.49 in revenue to the Federation Account. The money was deducted by the NNPC from the Oil and Gas Royalty assessed by the DPR.

“The DPR in 2019 also deducted N19,840,081.29 as ‘stamp duty’ payments from contractors and consultants but the DPR instantly paid back the money to the contractors and consultants instead of remitting it to the treasury.

“The DPR in 2019 also paid N137,225,973.35 to contractors and consultants for various contracts and consultancies but failed to deduct stamp duty.

“The DPR also paid N11,856,088,271.92 as salaries for 2019 but failed to deduct N118,560,882.72 as contribution of 1% Industrial Training Fund (ITF). The DPR in 2019 also failed to transfer US$35,738,342.95 year b

“The DPR in 2018 also withdrew without any explanation US$759,387,755.10 from DPR Signature Bonus Account rather than paid the money into the Federation Account.

“Subsidy records show that N443,940,559,974.80 was paid as total subsidy for 2016 but the money was not budgeted for. The payments were for outstanding Petroleum Support Fund (PSF) commitments for year 2015. However, there was no payment in 2016. Only outstanding payments for previous years 2014 and 2015 and interest payments were made in 2016.

“The Auditor-General fears that the oil marketers that received the subsidy payments may not have been ‘eligible to draw from the Petroleum Support Fund as the Petroleum Products Pricing and Regulatory Authority (PPPRA) failed to provide any document on the payments.’

“N39,141,210,181.74 was also paid from the Federation Account in 2016 to different Oil Marketers in 26 transactions, being Payments of Interest and Foreign Exchange Differential on Subsidy but without any document.

“The NNPC also made ‘zero profit’ and recorded ‘losses from its joint ventures in 2016. This is contrary to expectations that profits should be made from the joint ventures.’

“The Ministry of Petroleum Resources, Abuja in 2016 paid N14,490,000.00 for the supply of 3 Nissan Almera Saloon vehicles 1.5 to the Ministry without proper documentation. The purchase of ‘the vehicles were made through direct procurement without competitive bidding by at least three companies, as required by Financial Regulations. There was no advertisement and bidding for this contract.’

“Although ‘N12,442,500.00 was approved by the Bureau of Public Procurement for the vehicles, the Ministry made an overpayment of N2,047,500.00 to the car company.”

June 12, 2023
SERAP sues Tinubu over ‘missing $2.1bn, N3.1trn subsidy payments’

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over “missing subsidy payments”.

The organisation is seeking a probe of allegations that $2.1 billion and N3.1 trillion budgeted as fuel subsidy payments are unaccounted for.

The suit followed the grim allegations documented by the Auditor-General of the Federation in the 2016 and 2019 annual reports that the public funds are missing.

In the suit, number FHC/L/CS/1107/23 filed last Friday at the Federal High Court in Lagos, SERAP is seeking an order of mandamus to compel Tinubu to act.

It wants the President to direct the anti-corruption agencies to probe subsidy payments made by governments since 1999, name and prosecute suspected perpetrators and recover missing funds.

The recovered proceeds should be used as palliatives to address the impact of the subsidy removal on poor Nigerians, the suit demanded.

The group said misuse of public monies was a “fundamental breach of anti corruption laws and international obligations including under the UN Convention against Corruption to which Nigeria is a party.”

“The Tinubu government has constitutional and international legal obligations to get to the bottom of these allegations and ensure accountability for these serious crimes against the Nigerian people,” SERAP added.

June 11, 2023
Fuel subsidy: Investigate Buhari’s government or face consequences – SERAP tells Tinubu

Socio-Economic Rights and Accountability Project (SERAP), has warned President Bola Tinubu to either probe funds declared missing under the administration of his predecessor, Muhammadu Buhari or face legal consequences.

SERAP In the letter dated 3 June 2023, and signed by its deputy director Kolawole Oluwadare, urged Tinubu to name and shame anyone suspected to be responsible for the alleged widespread and systemic corruption in the use of oil revenues and the management of public funds budgeted as fuel subsidy.

The letter, read in part:
“Any removal of fuel subsidy should not be used as a ploy to keep the poor in poverty while those who allegedly stole oil revenues and fuel subsidy payments keep their ill-gotten wealth.

“Allegations of corruption in oil revenues and fuel subsidy payments suggest that the poor have rarely benefited from the use and management of the revenues and payments.

“Poor and socio-economically vulnerable Nigerians should not be made to continue to pay the price for the stealing of the country’s oil wealth while state and non-state actors pocket public funds.

“We would be grateful if the recommended measures are taken within 3 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.

“The proposed panel should be headed by a retired justice of the Supreme Court or Court of Appeal, and its members should include people with proven professional record, and of the highest integrity that can act impartially, independently, and transparently.

“A comprehensive approach that prioritises accountability and full recovery of missing crude oil and public funds is required to address the problems of the implementation of fuel subsidy since 1999.

“According to the audited reports between 2016 and 2019 by the Auditor General of the Federation (AGF), the Nigerian National Petroleum Corporation (NNPC) failed to remit N663,896,567,227.58 into the Federation Account. The Auditor-General fears that the money may be missing.

“The NNPC also reportedly failed to account for the allocation of crude oil to refineries in 2019. 107,239,436.00 barrels of crude oil were lifted as domestic crude without any document. The Auditor-General fears that the crude valued at N55,891,009,960.63 may have been diverted.

“The NNPC in 2019 also failed to remit N1,955,354,671,268.66 and N55,157,702,848.74 of generated revenues into the Federation Account, contrary to Section 162(1) of the Nigerian Constitution 1999 [as amended]. The Auditor-General fears that the money may have been diverted.

“The NNPC also failed to account for N4,572,844,962.25 of ‘domestic gas receipts’, thereby ‘reducing the distributable revenue in the Federation account.’ The Auditor-General wants the money remitted.

“The NNPC also in 2019 failed to account for 22,929.84 litres of PMS pumped from refineries and valued at N7,056,137,180.00. The Auditor-General fears that the PMS may have been diverted.

“The NNPC also ‘illegally classified’ 239,800 barrels of crude oil valued at N5,498,045,220 as ‘crude oil losses.’ The Auditor-General fears that the crude oil may have been diverted.

“The Department of Petroleum Resources (DPR) in 2019 also reportedly failed to remit US$1,278,364,595.49 in revenue to the Federation Account. The money was deducted by the NNPC from the Oil and Gas Royalty assessed by the DPR.

“The DPR in 2019 also deducted N19,840,081.29 as ‘stamp duty’ payments from contractors and consultants but the DPR instantly paid back the money to the contractors and consultants instead of remitting it to the treasury.

“The DPR in 2019 also paid N137,225,973.35 to contractors and consultants for various contracts and consultancies but failed to deduct stamp duty. The Auditor-General wants the money recovered.

“The DPR also paid N11,856,088,271.92 as salaries for 2019 but failed to deduct N118,560,882.72 as contribution of 1% Industrial Training Fund (ITF). The DPR in 2019 also failed to transfer US$35,738,342.95 year balance. The Auditor-General wants the money recovered and remitted.

“The DPR in 2018 also withdrew without any explanation US$759,387,755.10 from DPR Signature Bonus Account rather than paid the money into the Federation Account.

“Subsidy records show that N443,940,559,974.80 was paid as total subsidy for 2016 but the money was not budgeted for. The payments were for outstanding Petroleum Support Fund (PSF) commitments for year 2015.

“However, there was no payment in 2016. Only outstanding payments for previous years 2014 and 2015 and interest payments were made in 2016.

“The Auditor-General fears that the oil marketers that received the subsidy payments may not have been ‘eligible to draw from the Petroleum Support Fund as the Petroleum Products Pricing and Regulatory Authority (PPPRA) failed to provide any document on the payments.’

“N39,141,210,181.74 was also paid from the Federation Account in 2016 to different Oil Marketers in 26 transactions, being Payments of Interest and Foreign Exchange Differential on Subsidy but without any document.

“The NNPC also made ‘zero profit’ and recorded ‘losses from its joint ventures in 2016. This is contrary to expectations that profits should be made from the joint ventures.’

“The Ministry of Petroleum Resources, Abuja in 2016 paid N14,490,000.00 for the supply of 3 Nissan Almera Saloon vehicles 1.5 to the Ministry without proper documentation. The purchase of ‘the vehicles were made through direct procurement without competitive bidding by at least three companies, as required by Financial Regulations. There was no advertisement and bidding for this contract.’

“Although ‘N12,442,500.00 was approved by the Bureau of Public Procurement for the vehicles, the Ministry made an overpayment of N2,047,500.00 to the car company.’

“SERAP urges your government to prioritise getting to the bottom of these allegations and ensure accountability for these serious crimes against the Nigerian people.

“Promptly investigating and naming and shaming suspected perpetrators and recovering any missing public funds would advance the right of Nigerians to restitution, compensation and guarantee of non-repetition.

“Section 13 of the Nigerian Constitution 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.’

“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.’

“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 the plundering of the country’s wealth and natural resources and hold public officials and non-state actors to account for any violations.

“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.”

June 4, 2023
Electoral violence: SERAP sues INEC over failure to probe governors, deputies

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Independent National Electoral Commission (INEC) over “the failure to investigate allegations of electoral violence and other electoral offences including bribery against some state governors and their deputies during the 2023 elections.”

According to reports, the recently concluded presidential and national assembly elections and governorship elections in some states witnessed widespread reports of voter suppression, voter intimidation and the destruction or theft of election materials by political party agents and thugs across the six geopolitical zones.

In the suit number FHC/ABJ/CS/583/2023 filed last Friday at the Federal High Court, Abuja SERAP is asking the court for “an order of mandamus compelling INEC to seek the appointment of independent counsel to investigate allegations of electoral offences against state governors and their deputies during the 2023 elections.”

SERAP is seeking “an order of mandamus compelling INEC to promptly, thoroughly and effectively investigate reports of electoral violence and other electoral offences committed during the elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.”

SERAP is also seeking “an order of mandamus directing and compelling INEC to prosecute all arrested electoral offenders in the 2023 general election in the custody of law enforcement and anticorruption agencies.”

In the suit, SERAP is arguing that: “By allegedly engaging in electoral violence and other electoral offences in so blatant a fashion, suspected perpetrators and their sponsors have clearly acted in violation of constitutional provisions, international standards and the Electoral Act.”

SERAP is arguing that, “identifying, arresting, investigating and prosecuting any politicians and their sponsors suspected to be responsible for electoral offences during the elections would end the impunity of perpetrators. It would also advance Nigerians’ right to freely participate in their own government.”

SERAP is also arguing that, “Addressing the brazen impunity and reports of electoral violence and other electoral offences during the 2023 general elections would also send a strong message to politicians that they would be held to account for any infringement of the electoral process.”

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Andrew Nwankwo and Ms Blessing Ogwuche, read in part: “Election violence is a threat to fair and representative elections.”

“Election violence is inconsistent and incompatible with the principles of democracy, the rule of law, transparency and accountability for politicians to allegedly use violence to disrupt the electoral process.”

“Section 52 of the Independent Corrupt Practices and Other Related Offences Act allows INEC to seek the appointment of an independent counsel to probe allegations of electoral violence and other electoral offences that may have been committed by any state governors and/or their deputies.”

“When politicians and their sponsors decide to engage in electoral violence and other electoral offences rather than contest fairly for people’s votes, there are possibilities that such politicians will show a disregard for democratic rules and a disposition to adopt illegal means becomes inevitable.”

“Ending impunity for electoral violence and other electoral offences would promote accountability of suspected perpetrators and their sponsors, ensure justice for victims, and ultimately advance the people’s right to vote as well as bolster voter confidence in the electoral process.”

“Electoral violence and other electoral offences reportedly committed during the 2023 general elections are contrary to the express provisions of the Nigerian Constitution 1999 [as amended], 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 INEC or any legal practitioner appointed by it.’ Under section 2(b), the commission ‘shall have power to promote knowledge of sound democratic election processes.’”

“According to a report by the Centre for Democracy and Development (CDD), several polling units recorded violence and/or fighting across the country.”

“These violent incidents were often focused in political strongholds of opposition or perceived opponents which suggest that the use of BVAS – which limits overvoting when properly used – has resulted in a more concerted effort to stymie citizens casting their votes in opponent’s strongholds.”

“Similar incidents of intimidation were reported in the six geo-political zones.”

“In several states, political thugs, apparently with the support of law enforcement officials, disrupted and sent back voters intending to vote for opposition parties. Party agents were reported to be directing people who to vote for while those unwilling to do as directed were denied ballot papers and forced to leave the polling units.”

“There were reports of destruction of used ballot papers and vandalization of entire polling units in some states. Violence was also used to target BVAS machines in order to disrupt the process and ensure the cancellation of results.”

“According to the CDD, there are reports of vote trading in zones across the country, with both cash and goods used by all political parties in an effort to entice voters to cast their ballots at their direction. The CDD noted vote buying at polling units during the elections across the country.”

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

April 30, 2023
Election Coverage: SERAP asks Buhari, FG to retract threat to shut down Broadcast Stations

The Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari and the Federal Government (FG) to retract the threat to shut down Broadcast Stations over their coverage of elections.

Last week, the FG through the National Broadcasting Commission (NBC) said it will shut down broadcast stations found guilty of using their platforms to ‘undermine the peaceful coexistence of Nigeria.’

Following a meeting between NBC’s Director-General, Balarabe Ilelah and broadcast stations on the coverage of the February 25 presidential and National Assembly elections, the Commission said it would not hesitate to revoke the license of broadcasters threatening the peace of the country.

The ‘last warning’ and threat by the NBC if not immediately withdrawn would limit freedom of expression and the ability of broadcast stations to cover important issues around the 2023 general elections

NBC warned media organizations that further breaches of the Broadcasting Code would not be tolerated.

In a statement on Sunday, March 12, SERAP urged President Muhammadu Buhari to “instruct Lai Mohammed, Minister of Information and Culture, and the National Broadcasting Commission (NBC) to urgently withdraw the ‘last warning’ and threat to revoke the licenses of broadcast stations and shut them down over their coverage of elections and post-election matters.”

“The ‘last warning’ and threat by the NBC if not immediately withdrawn would limit freedom of expression and the ability of broadcast stations to cover important issues around the 2023 general elections,” SERAP’s deputy director, Kolawole Oluwadare said.

“Political expression is a fundamental right. The threat by the NBC creates a significant risk that legitimate expression may be prohibited.

“Such unlawful prohibition may prevent transparency and dissemination of information on legitimate issues of public interest around the 2023 general elections.”

“We would be grateful if the requested action is taken within 48 hours 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.”

March 13, 2023
SERAP drags Buhari to court over ban on old N500, N1,000 notes

The Socio-Economic Rights and Accountability Project, SERAP, has filed a lawsuit against President Muhammadu Buhari over “the unlawful directive banning the use of old N500 and N1,000 banknotes, contrary to the interim injunction granted by the Supreme Court that the old N200, N500, and N1000 notes remain legal tender.”

Joined in the suit as defendants are the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, and the Central Bank of Nigeria.

TheNewsGuru.com (TNG) reports that the Supreme Court in a case initially brought by 10 states recently held that the old banknotes remain legal tender pending the determination of a motion on notice fixed for February 22. The deadline for the swap of the old notes expired on February 10.

However, Buhari in a national broadcast on Thursday directed the CBN to recirculate only the old N200 banknotes, banning the use of old N500 and N1,000 notes in the country.

In the suit number FHC/ABJ/CS/233/2023 filed last Friday at the Federal High Court, Abuja, SERAP is asking the court to determine “whether Buhari’s directive banning the N500 and N1,000 banknotes is not inconsistent and incompatible with the constitutional duties to obey decisions of the Supreme Court and oath of office.”

SERAP is asking the court for “a declaration that Buhari’s directive banning the use of old N500 and N1,000 banknotes is a fundamental breach of section 287(1) of the Nigerian Constitution 1999 (as amended) and his constitutional oath of office, and therefore unconstitutional, unlawful, null and void.”

It also seeks an order of interim injunction restraining Buhari, the CBN and Malami, their agents or privies, from further enforcing the presidential directive banning the old N500 and N1,000 banknotes, pending the hearing and determination of the motion on notice filed in its suit.

The suit was filed on behalf of SERAP by its lawyers Ebun-Olu Adegboruwa, SAN, and Kolawole Oluwadare.

SERAP is also asking the court for the following reliefs:

A declaration that by virtue of section 287(1) of the Nigerian Constitution, 1999, Buhari, the CBN and Malami have a constitutional duty to obey and enforce any decisions and orders of the Supreme Court, particularly the order allowing the use of old N200, N500 and N1,000 banknotes;

An order restraining and stopping the CBN from carrying out and giving effect to the directive of the President directing and approving that the old N500 and N1,000 banknotes are no longer legal tender and the old N200 banknote will cease to be legal tender on April10, 2023, in compliance with the order of the Supreme Court of Nigeria made on February 8, 2023 in the Suit Number SC/CV/162/2023 – Attorney General of Kaduna State & two Ors v. Attorney General of the Federation;

And an order for the CBN to direct all commercial banks in Nigeria to accept and give out the old N200, N500, and N1,000 banknotes as legal tender concurrently along with the new banknotes of the same denomination in line with the order of the Supreme Court.

However, no date has been fixed for the hearing of the suit.

February 19, 2023
Floods: SERAP sues Buhari over failure to probe ‘missing trillions of ecological funds’

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari over “the failure to probe the spending of trillions of ecological funds by governments at all levels—federal, state and local governments from 2001 to date, and to ensure the prosecution of suspected perpetrators of corruption and mismanagement of public funds.”

Joined in the suit as Respondents are the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), and Secretary to the Government of the Federation (SGF), Boss Mustapha.

The United Nations Children’s Fund (UNICEF) recently said that no fewer than 600 persons died and 1.3 million rendered homeless as a result of the floods that ravaged most states across the country, with destruction of properties worth billions.

In the suit number FHC/L/CS/2283/2022 filed last Friday at the Federal High Court, Lagos, SERAP is asking the court to “direct and compel President Buhari to promptly and thoroughly investigate the spending of Ecological Fund by governments at the Federal, state and local government levels from 2001 to date.”

SERAP is also asking the court to “direct and compel President Buhari to ensure that suspected perpetrators of corruption and mismanagement of trillions of ecological funds are promptly brought to justice, and any missing public funds fully recovered.”

In the suit, SERAP is arguing that, “the failure to probe the alleged missing trillions, prosecute suspected perpetrators and recover any missing public funds is a fundamental breach of constitutional and international legal obligations.”

SERAP is also arguing that, “impunity for corruption in the management of Ecological Fund will continue as long as high-ranking public officials go largely unpunished for their alleged crimes.”

According to SERAP, “It is in the public interest to direct and compel President Buhari to probe these allegations so that evidence can be taken before the court and the truth about the spending of ecological funds revealed, and justice served.”

SERAP is also arguing that, “the Federal Government has violated the obligations to protect and uphold the human rights of those affected, and to provide them with access to justice and effective remedies.”

The suit filed on behalf of SERAP by its lawyer Kolawole Oluwadare, read in part: “the Federal Government has the legal obligations to address the calamitous consequences of flooding for the human rights of millions of people, and to prevent and address the consequences that climate change may reap on human rights.”

“According to the audit of the Ecological Fund Office carried out by the Nigeria Extractive Industries Transparency Initiative, (NEITI), the total amount received by the fund from December 2011 to November 2016 alone was N277 billion.”

“The operations of the Fund from 2012 to 2016 reportedly showed that some of the disbursements were not utilised for the purpose for which it was established. During these periods, N74,170,932,645.20 was released to State Governments to solve ecological problems in their States.”

“Although ecological funds are shared across the three tiers of government, and emergency management agencies, the funds are managed and supervised by the Federal Government.”

“The Federal Government has the legal obligations to prevent and address the threats to human rights that result from climate change, and to provide access to justice and effective remedies for victims when these rights are violated.”

“The Federal Government has a positive obligation to protect individuals against the threat posed to human rights by climate change, regardless of the causes, and to effectively address the aftermath of the flooding such as deterioration in health, diminishing access to safe drinking water and susceptibility to disease.”

“Climate change also has the potential to exacerbate existing threats to human rights in the country. Rising global temperatures will jeopardise many people’s livelihoods, increasing their vulnerability to poverty and social deprivation.”

“Many years of allegations of corruption and mismanagement in the spending of Ecological Fund and entrenched impunity of perpetrators have undermined the ability of governments at all levels and emergency management agencies to prevent the impact of flooding on the human rights vulnerable Nigerians.”

“Allegations of corruption and mismanagement have undermined the ability of authorities at all levels to invest in drainage systems, and to tackle soil erosion and climate change challenges across several parts of the country.”

“The funds released for ecological projects are characterised by mismanagement, diversion of funds, substandard and abandoned projects fully paid for. Ecological funds have also been allegedly spent for other purposes such as election campaigns and political patronage.”

“Prevention of corruption in the spending of the Ecological Fund, and preventing and addressing the challenges caused by climate change are serious and legitimate public interests.”

“There is a legitimate public interest in ensuring justice and accountability for alleged corruption and mismanagement in the management of the Ecological Fund.”

“Nigerians have the right to know how the public funds budgeted to address ecological challenges are spent. Publishing the details of allocations of the Ecological Fund since 2001 would promote transparency, accountability, and reduce the risks of corruption in the spending of the funds.”

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

December 4, 2022
“Publish your sources of campaign funding”- SERAP tells Atiku, Tinubu, Obi, others

A group known as Socio-Economic Rights and Accountability Project (SERAP) has called on presidential candidates ahead of the 2023 polls to demonstrate leadership by publishing sources of their campaign funding.

The organization said in an open letter dated 29 October and signed by its deputy director Kolawole Oluwadare that transparency would help to control inappropriate influence on political candidates, ensure fairness, equality, and accountability in Nigeria’s democracy.

SERAP said, “Transparency in campaign funding would improve public trust in Nigeria’s politicians and political parties, and show your commitment to prevent and combat corruption if elected.

“If Nigerians know where the money is coming from, they can scrutinise the details, and hold to account the candidate and party that receive it.”

SERAP also said in the letter that it “would consider appropriate legal actions to hold you and your political party to account for any infractions of the requirements of campaign funding, as provided for by the Nigerian Constitution 1999 [as amended], the Electoral Act and international standards, even after the 2023 elections.

“SERAP urges you to sign ‘transparency pacts’ that would mandate you to disclose the identities of donors and widely publish donations and contributions including on your party website and social media platforms.

“Party corruption undermines the legitimacy of government, public trust, and ultimately, democracy.

“Opacity in campaign funding can distort the electoral competition and lead to state capture by wealthy politicians and individuals, and encourage politicians to divert public resources for political purposes.

“Transparency in campaign funding would ensure fair and open elections and address concerns about undue influence by the more economically advantaged and privileged individuals, as well as prevent corruption of the electoral process.

“Political parties provide the necessary link between voters and government. No other context is as important to democracy than elections to public office. Nigerians therefore must be informed about the sources of campaign funding of those who seek their votes.

“SERAP also urges you to urgently invite the Independent National Electoral Commission (INEC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) to monitor campaign funding and expenditures by your political party.

“The UN Convention against Corruption to which Nigeria is a state party obligates states parties to enhance transparency in the funding of candidates for elected public office and, where applicable, the funding of political parties.

“Similarly, the African Union Convention on Preventing and Combating Corruption which Nigeria has also ratified requires states parties to incorporate the principle of transparency into funding of political parties.

“Sections 225 and 226 of the Nigerian Constitution and Sections 86, 87 and 90 the Electoral Act 2022 demonstrate the importance of transparency and accountability in party and campaign finances, and why political parties must be proactive in disclosing the sources of their donations and contributions, and how they spend the funds they receive.

“Please let us know if you and your political party are willing to commit to the issues outlined in this letter.”

TheNewsGuru.com (TNG) reports that presidential candidates for Nigeria’s general elections in 2023 include: Atiku Abubakar of the Peoples Democratic Party (PDP); Bola Tinubu of All Progressives Congress (APC); Peter Obi of Labour Party (LP); Rabiu Musa Kwankwaso of New Nigeria Peoples Party (NNPP); and Professor Peter Umeadi of All Progressive Grand Alliance (APGA).

Others include Prince Malik Ado-Ibrahim of the Young Progressive Party (YPP); Omoyele Sowore of Africa Action Congress (AAC); Prince Adewole Adebayo of Social Democratic Party (SDP); Kola Abiola of Peoples Redemption Party (PRP); Professor Christopher Imumulen of Accord Party (AP); Dumebi Kachikwu of African Democratic Congress (ADC); and Yusuf Mamman Dan Talle of Allied Peoples Movement (APM).

The Socio-Economic Rights and Accountability Project (SERAP) is a non-governmental, non-profit organization established in 2004

October 31, 2022
BREAKING: 7 million Nigerians sue INEC over incomplete voter’s registration

Twenty-four Nigerians have filed a lawsuit for themselves and on behalf of 7 million other Nigerians against the Independent National Electoral Commission (INEC) for failing to give them adequate time and opportunity to complete their voter’s registration after they have carried out the registration online.

The twenty-four plaintiffs who are suing for themselves and on behalf of the seven million other Nigerians want to “complete the registration process, so that they can obtain their permanent voter cards (PVCs), and exercise their right to vote”.

Recall that INEC had recently disclosed that out of 10,487,972 Nigerians who carried out their pre-registration online, only 3,444,378 completed the process at a physical centre, representing just 32.8 percent of completed online registration.

But in the suit number FHC/ABJ/CS/1662/2022 filed last Friday at the Federal High Court, Abuja, the Plaintiffs are seeking “an order of mandamus to direct and compel INEC to re-activate its continuous voters registration exercise to allow the Plaintiffs to complete their registration and collect their Permanent Voters’ Cards (PVCs).”

The Plaintiffs are also seeking “an order of mandamus to direct and compel INEC to provide adequate facilities and deploy personnel to the registration units of the Plaintiffs to enable them complete their registration and collect their PVCs.”

The Plaintiffs are arguing that, “We have completed the online registration exercise. Denying us the time and opportunity to complete the registration for our PVCs would impair our right to vote, and deny us a voice in the 2023 elections.”

The Plaintiffs are also arguing that, “The inability to complete our registration is entirely due to factors outside of our control. We are eligible Nigerians but unless we are given a reasonable time and opportunity to complete the registration process, and obtain our voter cards, we will not be able to vote in the 2023 general elections.”

The twenty-four Nigerians include: Adeeyo Bayo Wasiu; Kunat Tychius Amos; Tagbo Philips Chidubem; Emeghe Uchanma Grace; Ayoola Opeyemi Ebenezer; Eche Onah Otakpa; Olatoye Clement Damilola; and Ogunejiofor Raphael Emeka.

Others include: Adedotun Adegoke Babatunde; Emmanuel Promise Tochukwu; Emmanuel Ternajev; Joy Oluwadamilola Ige; Lawerence Ignatius; Agbede Kunle; Eze Daniel Ndubisi; and Nkemdilim Agbor Bassey.

Others are: Omoike Iredia Oseine; Joshua Patrick Ogenekaro; Wisdom Emeka; Ukpe Victor Destiny; Abayomi Opeoluwa; Ndubuisi Anthony Ahanihu; Akande Akintunde O; and Adamma Rhodes.

The suit filed on behalf of the Plaintiffs by lawyers to Socio-Economic Rights and Accountability Project (SERAP), Kolawole Oluwadare and Ms Adelanke Aremo, read in part: “Closing the gates on eligible Nigerians cannot preserve trust in the electoral process.”

“According to reports, the inability of Nigerians to complete their voters registration exercise or even transfer their permanent voters’ card, affected wide spectrums of persons, hence this class action by the identified plaintiffs on behalf of other affected Nigerians.”

“There were reports of incidence of bribery, unethical conducts of INEC staff, registration process marred by irregularities, insufficient machines, malfunctioning of machines, insufficient staff and unskilled staff, before the defendant ended the Continuous Voters Registration Exercise on the 31st July, 2022.”

“The right to vote is not merely the right to cast a ballot but also the right to be given the time and opportunity to complete the registration process, so that the right can be meaningfully and effectively exercised.”

“Any proffered justifications of saving time and cost are therefore wholly insufficient. Administrative convenience is simply not a compelling justification in light of the fundamental nature of the right to vote.”

“This severe vote deprivation cannot be justified by any perceived considerations of saving time, especially because Section 9(6) of the Electoral Act 2022 provides that ‘the registration of voters, updating and revision of the Register of Voters shall not stop not later than 90 days before any election covered by this Act.’”

“Providing fresh opportunity for the Plaintiffs and seven million other Nigerians to complete their registration would promote and preserve the right to vote, and ensure that legal and eligible voters are not inadvertently and unjustifiably turned away from exercising their fundamental right to vote.”

“The Plaintiffs are Nigerians who commenced the voters registration exercises in their respective states via successful online enrolment at the respective dates but could not complete the registration process, and obtain their voters cards.”

“The plaintiffs also include those who are interested in transferring their permanent voters’ cards to another location so that they can vote.”

“The Plaintiffs and other eligible Nigerians have the rights to equal treatment before the law, equal protection, non-discrimination and equal opportunities to participate in the government of Nigeria.”

“By refusing the Plaintiffs and seven million other Nigerians the opportunity to complete the registration for their PVCs, INEC have unfairly, unreasonably, and unjustifiably denied them the opportunity to be heard at a meaningful time and in a meaningful manner as to the reasons for not completing their registration.”

“The Nigerian Constitution 1999 (as amended) 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.’”

“Similarly, the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights, and the African Charter on Democracy, Elections and Governance guarantee the right to political participation, including the right to vote.”

“The Independent National Electoral Commission, (INEC), recently disclosed that over seven million Nigerians who carried out their voter pre-registration online could not complete the process at physical centres.”

“According to a report released by INEC, out of 10,487,972 Nigerians who carried out their pre-registration online, only 3,444,378 Nigerians representing 32.8 percent, completed the process at a physical centre. 7,043,594 Nigerians carried out their pre-registration but are yet to complete the process at a physical centre.”

“This represents over 67 percent of those who began their registration process online. According to INEC, a total of 12,298,944 Nigerians completed their voter registration; 8,854,566 of which were persons who did their registration entirely at a physical centre.”

“The Plaintiffs and seven million other Nigerians have already completed their registration online, that is, via INEC online portal by providing their biodata and required documents.”

“According to INEC, the process that is outstanding for the applicants to complete the registration for their PVCs is to visit INEC designated centres for their biometric to be captured.”

TheNewsGuru.com (TNG) reports that no date has been fixed for the hearing of the suit.

September 18, 2022