Tag: SERAP

SERAP sues Buhari, others over ‘missing N3.1bn in Finance Ministry’

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari “over his failure to probe allegations that over N3bn of public funds are missing from the Federal Ministry of Finance, and to ensure the prosecution of those suspected to be responsible, and the recovery of any missing public funds.”

The suit followed the grim allegations by the Office of the Auditor-General of the Federation in the 2018 and 2019 annual audited reports that N3.1bn of public funds are missing, misappropriated or unaccounted for.

In the suit number FHC/L/CS/148/22 filed last Friday at the Federal High Court in Lagos, SERAP is seeking: “an order of mandamus to direct and compel President Buhari to ensure the investigation of the alleged missing N3.1bn of public funds, the prosecution of anyone suspected to be responsible, and the recovery of any missing public money.”

In the suit, SERAP is arguing that: “The allegations that over N3bn of public funds are missing 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.”

According to SERAP, “Investigating and prosecuting the allegations, and recovering any missing public funds would serve the public interest, and end the impunity of perpetrators.”

SERAP is also arguing that, “The consequences of corruption are felt by citizens on a daily basis. Corruption exposes them to additional costs, and undermines economic development of the country, trapping the majority of Nigerians in poverty and depriving them of opportunities.”

Joined in the suit as Respondents are Mr Abubakar Malami, SAN, Minister of Justice and Attorney General of the Federation; and Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning.

SERAP is arguing that, “It is in the interest of justice to grant this application. The suit is in keeping with the Nigerian Constitution of 1999 [as amended], particularly the provisions on oath of office by public officers, and section 15[5] which requires the authorities to abolish all corrupt practices and abuse of power.”

SERAP is also arguing that, “Complying with constitutional requirements and international standards on transparency and accountability would ensure effective and efficient management of public resources, and put the country’s wealth and resources to work for the common good of all Nigerians.”

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Adelanke Aremo, read in part: “The failure to investigate the allegations of grand corruption in the Ministry of Finance constitutes a grave violation of the duty placed on the authorities to take appropriate measures to promote transparency and accountability in the management of public finances.”

“President Buhari’s constitutional responsibility to ensure the investigation and prosecution of allegations of corruption, as well as recovery of any missing public funds is contained in Section 15[5] of the Nigerian Constitution, which provides that ‘the State shall abolish all corrupt practices and abuse of power’, and in the Oath of Office in the Seventh Schedule of the Constitution.”

“The Oath of Office of the President is considered of such importance that section 140 of the 1999 Constitution provides that the President cannot perform his or her respective official functions as President without taking the oath of office.”

“Granting the reliefs sought would help to address the adverse consequences of alleged diversion of public funds on the human rights of poor Nigerians.”

“Mandamus is a high prerogative writ which lies to secure the performance of a public duty. It gives command that a duty of a public nature which normally, though not necessarily is imposed by statute but is neglected or refused to be done after due demand, be done.”

“If there is a discretion to perform the duty, the court has the power to examine whether the discretion to refuse to act has been properly exercised.”

“Transparent and accountable public financial management is a key pillar of good governance, and of vital importance to create and maintain fair and sustainable economic and social conditions in the country.”

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

“According to the report of the Auditor-General for 2018, the Ministry of Finance spent N24,708,090.00 on pre-retirement training but without any document. The consultant hired also failed to quote any price as cost of the training but the Ministry paid N5,670,060.00 to the consultant.”

“Request for payment from the consultant was dated 20 January 2017 while the first payment voucher in his favour was dated 13 January 2017 (7 days before his request).”

“The Ministry also reportedly failed to account for N2,885,772,493.27 released to the Ministry from the Service Wide Vote to take care of estacodes and other allowances for representing the Federal Government in meetings, and contribution to Organization for Petroleum Exporting Countries (OPEC).”

“The money was spent without approval, and any documents. The Auditor-General is concerned that the money may have been mismanaged.”

“The Ministry also reportedly awarded a contract on 17th May 2017 for N98,540,500.00 without any document, contrary to the Public Procurement Act. The project was not also budgeted for. There was no evidence of performance of the contract. The Ministry also deducted N9,354,809.52 as WHT and VAT but without any evidence of remittance. The Auditor-General wants the money recovered.”

“The Ministry also reportedly spent N98,759,299.20 between January–December 2017 without any document, contrary to Financial Regulation 601.”

“According to the 2019 report of the Auditor-General, the Ministry paid N20,466,744.00 as cash advances to staff of ‘You-Win’ between 8 February and 18 December, 2018 but the Ministry has failed to retire the money.”

“The advances were granted for the purchase of store items, repairs and other services that would have been made through the award of contract. Government lost N2,046,674.40 which would have accrued as taxes had these jobs been undertaken through award of contracts. The Auditor-General wants the money recovered.”

“The Ministry also reportedly paid N15,471,850.00 to two consultants for capacity building in Kano and Adamawa States but without any supporting document, contrary to paragraph 603 (1) of the Financial Regulations. The Auditor-General is concerned that the money may have been diverted, and wants it recovered.”

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

January 30, 2022
SERAP writes Buhari, seeks probe of ‘missing N3.1bn in Ministry of Finance’

Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “use his good offices to direct the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, SAN, and appropriate anti-corruption agencies to investigate allegations that over N3bn of public funds are missing, mismanaged or diverted from the Federal Ministry of Finance.”

The organization said the allegations are documented in the 2018 and 2019 annual audited reports by the Auditor-General of the Federation.

SERAP said: “Anyone suspected to be responsible should face prosecution as appropriate, if there is sufficient admissible evidence, and any missing public funds should be fully recovered.”

In the letter dated 24 December 2021, and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The reports suggest a grave violation of the public trust. As trustee of public funds, the Ministry of Finance ought to ensure strict compliance with transparency and accountability rules and regulations.”

According to SERAP, “as a key agency of government, the Ministry has a sacred duty to ensure transparency and accountability in the spending of the country’s resources. This implies providing strong leadership in the efforts to curb public sector corruption.”

“This leadership is important for the Ministry to enjoy the public trust and confidence essential for its effectiveness and impact.”

SERAP said: “The allegations that N3,143,718,976.47 of public funds are missing will also clearly amount to a fundamental breach of national anticorruption laws and the country’s international anticorruption obligations including under the UN Convention against Corruption to which Nigeria is a state party.”

The letter, read in part: “Investigating and prosecuting the allegations, and recovering any missing public funds would improve the chances of success of your government’s oft-repeated commitment to fight corruption and end the impunity of perpetrators. It will also serve the public interest.”

“According to the report of the Auditor-General for 2018, the Ministry of Finance spent N24,708,090.00 on pre-retirement training but without any document. The consultant hired also failed to quote any price as cost of the training but the Ministry paid N5,670,060.00 to the consultant. Request for payment from the consultant was dated 20 January 2017 while the first payment voucher in his favour was dated 13 January 2017 (7 days before his request).”

“The Ministry also reportedly failed to account for N2,885,772,493.27 released to the Ministry from the Service Wide Vote to take care of estacodes and other allowances for representing the Federal Government in meetings, and contribution to Organization for Petroleum Exporting Countries (OPEC).”

“The money was spent without approval, and any documents. The Auditor-General is concerned that the money may have been mismanaged.”

“The Ministry also reportedly awarded a contract on 17th May 2017 for N98,540,500.00 without any document, contrary to the Public Procurement Act. The project was not also budgeted for. There was no evidence of performance of the contract. The Ministry also deducted N9,354,809.52 as WHT and VAT but without any evidence of remittance. The Auditor-General wants the money recovered.”

“The Ministry also reportedly spent N98,759,299.20 between January–December 2017 without any document, contrary to Financial Regulation 601.”

“According to the 2019 report of the Auditor-General, the Ministry paid N20,466,744.00 as cash advances to staff of ‘You-Win’ between 8 February and 18 December, 2018 but the Ministry has failed to retire the money.”

“The advances were granted for the purchase of store items, repairs and other services that would have been made through the award of contract. Government lost N2,046,674.40 which would have accrued as taxes had these jobs been undertaken through award of contracts. The Auditor-General wants the money recovered.”

“The Ministry also reportedly paid N15,471,850.00 to two consultants for capacity building in Kano and Adamawa States but without any supporting document, contrary to paragraph 603 (1) of the Financial Regulations. The Auditor-General is concerned that the money may have been diverted, and wants it recovered.”

“SERAP notes that the consequences of corruption are felt by citizens on a daily basis. Corruption exposes them to additional costs, and undermines economic development of the country, trapping the majority of Nigerians in poverty and depriving them of employment opportunities.”

“We would be grateful if the recommended measures are taken within 14 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 letter was copied to Mr Malami; Professor Bolaji Owasanoye, Chairman Independent Corrupt Practices and Other Related Offences Commission (ICPC); Mr Abdulrasheed Bawa, Chairman, Economic and Financial Crimes Commission (EFCC); Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning; and chairmen of the Public Accounts Committees of the National Assembly.

December 27, 2021
Twitter ban: Court dismisses suit against FG, fines SERAP

A Federal High Court, Abuja, on Thursday, dismissed a suit filed against the Federal Government for directing television and radio stations to delete their Twitter accounts.

Justice Obiora Egwuatu, in a judgment, dismissed the suit for lacking in merit and awarded the sum of N100, 000 against the plaintiff.

The News Agency of Nigeria (NAN) reports that the Incorporated Trustees of the Socio-Economic Rights and Accountability Project (SERAP) had, in June, filed a fundamental rights enforcement suit marked: FHC/ABJ/CS/496/21, against three defendants.

In the suit, SERAP had sued the National Broadcasting Commission (NBC), the Director-General of NBC and the Minister of Information and Culture as 1st to 3rd defendants respectively.

The suit followed the order by the NBC, asking all broadcast outfits to immediately suspend patronage of the social media giant after it was banned for violating Nigerian laws.

The group had sought an order of perpetual injunction restraining the Federal Government and the regulator from “censoring, regulating, licensing and controlling the social media operations and contents by broadcast stations and activities of social media service providers in Nigeria.”

It also sought and order setting aside the directive asking broadcast stations to stop using Twitter, as being “unconstitutional, unlawful, inconsistent and incompatible with the Nigerian Constitution of 1999 [as amended], and the country’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.”

SERAP stated further that the court had an important role to play in the protection and preservation of the rule of law to ensure that persons and institutions operate within the defined ambit of constitutional and statutory limitations.

It argued that the directive amounted to a fundamental breach of the principle of legality, the rights to freedom of expression, access to information, and media freedom, and incompatible with the country’s international human rights obligations, among others.

In their preliminary objections, the 1st and 2nd defendants urged the court to dismiss the suit.

They argued that the directive did not in any way affect the plaintiff.

They further averred that the action was taken in the interest of the country’s national security, economy and unity, adding that the suit was filed in bad faith.

The defendants told the court that apart from Twitter, there are other social media platforms through which the plaintiff could access information and interact like the Facebook, etc.

Also in his argument, the Minister of Information, through his lawyer, Nelson Orji, said the Federal Government operates within the ambit of the law and would not do anything to undermine it.

He said that the operation of Twitter, an American microblogging and social media outfit, within the Nigerian cyberspace required it to operate within the confines of the laws.

He told the court that the company was not registered as a company in Nigeria as required by the law.

According to Orji, by the provisions of the Companies and Allied Matters Act (CAMA), foreign businesses wishing to carry on business in Nigeria are required to be registered by the Corporate Affairs Commission as a Nigerian company.

The lawyer argued that Twitter, as a company operating in the country, had not been paying taxes as required by the law.

He told the court that what the government had done was to suspend its operation of business activities pending its willingness to operate within the Nigerian laws.

Orji also stated that apart from Twitter, there are other mcroblogging social media outfits like Facebook, WhatsApp, etc, that are still operating within Nigeria which Nigerians are still using to disseminate information unhindered.

He added that Twitter was suspended because its activities became a threat to the country’s national security, and the welfare of its people.

“The primary role of government as provided for by the constitution of the Federal Republic of Nigeria 1999 (as amended) is security and welfare of the people,” Orji had told the court.

He argued that the ban on Twitter for violating the law did not affect the rights of SERAP.

Delivering the judgment, Justice Egwuatu held that the fundamental rights of the plaintiff had not been breached because the freedom of expression provided for under Section 39 of the 1999 Constitution (as amended) is not absolute.

He stated that the section is limited under Section 45(1) which deals with the issues of defence, public safety, public health, public morality, etc.

The judge held that the media houses, under which SERAP had filed the suit, did not complain about the ban, hence, the plaintiff cannot cry more than the bereaved.

He also agreed with the defendants that there are other microblogging platforms through which the plaintiff could express information like the Facebook and others.

Egwuatu held that when national security is threatened, the issues of fundamental human rights take second stage.

He said besides, the Twitter was not a registered company in the country as required by the laws.

Justice Egwuatu, who dismissed the suit for lacking in merit, awarded a cost of N100, 000 in favour of the defendants.

December 9, 2021
SERAP to Buhari: Obey court judgments or face contempt proceedings

The Socio-Economic Rights and Accountability Project (SERAP) has asked the government of President Muhammadu Buhari to “immediately take meaningful steps to implement several judgments obtained by SERAP against the Federal Government.”

According to SERAP some of the judgements expected to be obeyed include verdicts to raise money to fund the budget, reduce the growing level of borrowing, and address the escalating rule of law crisis in the country.

In a statement on Wednesday, the organisation said, “unless the judgments are immediately implemented, SERAP will consider pursuing contempt proceedings against the Federal Government in national courts, and international sanctions against the administration for its persistent disobedience of court judgments.”

According to the organization, “among the several judgments the Buhari administration has failed to obey is the judgment by the ECOWAS Court of Justice in Abuja, which awarded N30m as compensation for the ill-treatment of journalist Agba Jalingo, who faced trumped-up and politically motivated charges of treason.”

The statement, read in part: “Another judgment the Buhari administration is failing to implement is the judgment by the ECOWAS Court which found the government responsible for abuses by oil companies and directed it to hold to account the companies and other perpetrators of oil pollution in the Niger Delta.”

“We urge President Buhari to without further delay publicly instruct the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami (SAN) to ensure the effective implementation of all of the judgments obtained by SERAP and other outstanding judgments.”

Femi Falana (SAN) who presented SERAP Law Report to the public on Wednesday at the Media Briefing organized by SERAP in collaboration with the MacArthur Foundation, USA, said: “We are surprised that the Buhari administration took a swipe at SERAP for going to court to challenge acts of corruption and official impunity. In any country that professes to practice rule of law, it is height of ‘primitivity’ for government to challenge the act of going to court by the citizens.”

“This was firmly rooted in the case of Ojukwu v Gov of Lagos State which was decided during the military era. The victory over the military junta came through protests and other acts challenging official impunity in court and other lawful fora.

“It is quite ironical that those who have protested against misrule and impunity are the past are now in bed with those in government and clamps down on attempt protest by the citizens.”

The Media Briefing titled “Rule of Law Crisis: How failure of the Buhari government to enforce court judgements is contributing to grand corruption and impunity in Nigeria” was held at the Radisson Hotel, Isaac John Street, GRA, Ikeja, Lagos.

Falana also said: “SERAP has embarked on public interest litigation in order to promote accountability and transparency in line with the tenets of the rule of law and constitutionalism. The publication of SERAP Law Report could not have come at a better time than now that anti-democratic forces are bent on imposing fascism on the country.

“It is sad to note that many of the judgments delivered in favour of SERAP have been ignored by the Federal Government contrary to Section 287 of the Constitution which has imposed a binding obligation on all authorities and persons in Nigeria to comply with the verdicts of all courts. I enjoin SERAP to take advantage of the provisions of the law to enforce the judgments without any further delay.”

SERAP also added, “The failure and/or refusal to enforce and implement legally binding judgments of court is entirely inconsistent and incompatible with Nigeria’s international human rights obligations.”

The statement, read further: “It is unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state based on the rule of law cannot exist or function if the government routinely ignores and/or fails to abide by court orders.

“The persistent and deliberate disobedience of judges’ decisions would, ultimately, shatter citizens’ confidence and trust in the ability of the justice system to render justice for victims of corruption and human rights violations.

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

“The implementation of these judgments will be a special moment for the government’s anti-corruption agenda and the supremacy of the rule of law in Nigeria, as it would go a long way in protecting the integrity of our legal system.

“Implementing the judgments will provide the government the much-needed resources to fund national budgets, reduce the growing level of borrowing, and serve as effective deterrent to corrupt public officials and improve public confidence and trust in the administration’s oft-repeated commitment to fight corruption, respect human rights and observe the rule of law.”

It said: “Implementing the judgments will also would be in keeping with Nigerians’ expectations, and entirely consistent with President Buhari’s oft-expressed commitment to ‘kill’ corruption–whether by public officials or private contractors—and help to build citizens’ trust and confidence in the ability of this government to take head-on the systemic corruption in Nigeria.

“In his inaugural speech on May 29, 2015 President Muhammadu Buhari stated that ‘insecurity, pervasive corruption, the hitherto unending and seemingly impossible fuel and power shortages are the immediate concerns’.

“Unfortunately, President Buhari’s government has made little to no progress in fulfilling the promises made to Nigerians to fight grand corruption, end impunity of perpetrators, respect the rule of law, and ensure access of socially and economically vulnerable Nigerians to basic public goods and services.

“The government’s promise to fight corruption and end impunity imposes a moral and legal responsibility to protect the rule of law, ensure sustainable development and full respect for Nigerians’ constitutionally and internationally guaranteed human rights, as well as to obey court judgments.

“The promises also impose a responsibility to ensure transparency and accountability at all levels of government, and mean that government and public officials should timely and consistently respond to Freedom of Information requests from Nigerians.

“Lack of progress in the fight against grand corruption and the promise to obey the rule of law is further buttressed by the fact that many high-ranking officials suspected of corruption rarely end up in jail, as suspects continue to exploit the flaws in the justice system to the point where individuals are profiting from their crimes.

“The government’s disdain for the rule of law is also illustrated by the tendency to pick and choose which court orders it complies with. This selective application of the rule of law invariably undermines the independence and integrity of the judiciary, and is counter-productive to the government’s own fight against corruption.

“Other high-profile judgments obtained by SERAP that the Federal Government is refusing and/or failing to obey include the following: The first of such judgments is the judgment by Honourable Justice Hadiza Rabiu Shagari delivered on 5 July, 2017 ordering the Federal Government to tell Nigerians about the stolen asset it allegedly recovered, with details of the amounts recovered.”

“The second judgment, by Hon. Justice Mohammed Idris, on 26 February, 2016 ordered the Federal Government to publish details on the spending of stolen funds recovered by successive governments since the return of democracy in 1999.

“The third judgment, by Hon. Justice Oguntoyinbo on 26 November, 2019 ordered the Federal Government to challenge the legality of states’ pension laws permitting former governors now serving as ministers and members of the National Assembly to collect such pensions, and to recover pensions already collected by them.”

The statement added: “The fourth judgment, by Hon. Justice Mohammed Idris on 28 May 2018, ordered the Federal Government to prosecute senior lawmakers suspected of padding and stealing N481 billion from the 2016 budget; and to widely publish the report of investigations into the alleged padding of the 2016 budget.

“The fifth judgment, by Hon. by Justice Obiozor, on 4 July 2019 ordered the Federal Government to publish the names of companies and contractors who collected public funds since 1999 but failed to execute any electricity projects.”
“The sixth judgment, by the ECOWAS Court of Justice in Abuja, delivered on 19 November, 2009 ordered the Nigerian authorities to provide free and quality education to all Nigerian children without discrimination.”

December 9, 2021
‘Stop bare-faced publicity stunts’ – Presidency cautions SERAP

The Presidency has described as divisive, irresponsible and bare-faced publicity stunts the repeated ridiculous claims from the Socio-Economic Rights and Accountability Project (SERAP) that it is bringing legal action against the Federal Government.

Malam Garba Shehu, the President’s Senior Special Assistant on Media and Publicity, stated this in a statement on Wednesday in Abuja.

The presidential aide was reacting to various legal actions being Instituted against the Government and/ or President of Nigeria by SERAP, almost weekly.

According to Shehu, little is known about SERAP, or who funds them – despite their claims of being an organisation that champions transparency and accountability.

He said: ”To date, SERAP has announced on repeated occasions – each time via a well-funded media campaign – that it is suing the government or President over a range of issues from alleged human rights abuses to alleged corruption.

”To date, SERAP has not taken their retinue of legal actions to a logical conclusion. They (officers) don’t follow through.

”Yet these headline-grabbing publicity stunts, however baseless, succeed in painting an inaccurate picture of life and governance in Nigeria and – more seriously – in sowing division amongst the Nigerian people during a time of heightened global economic volatility and hardship.”

According to the media aide, Nigeria is comfortable that its record as Africa’s leading democracy and largest economy speaks for itself.

He maintained that Nigeria was amongst the top five countries in Africa for quality of life, and its ranking in the Human Development Index had steadily risen for a decade.

”This success is testament to the rights, rule of law and strong, independent institutions enjoyed by all Nigerian citizens and others who live there.

”Indeed, it is a fact that independent, non-governmental organisations can thrive there – especially those that seek accountability from government.

”Put simply, here lies SERAP’s paradox: in a country without human rights, no rule of law, limited freedom of expression, and weak democratic institutions the cases and cacophony that SERAP causes – even the organisation itself – simply would not be permitted.

”It is unfortunately the case that our progressive, modern, and liberal legal system is open to manipulation by cynical actors who seek nothing but to sow division amongst Nigerians and secure publicity for themselves.

”With the global pandemic exacerbating poverty across the continent, those who have always sought to divide Nigerians along cultural, racial and political lines for political or financial gain are more dangerous than before,” he added.

Shehu, therefore, called on SERAP to cease its divisive, irresponsible, and bare-faced publicity stunts and instead follow through on its latest spurious legal claim in a Nigerian court.

He said: ”Let them challenge the government publicly, legally and transparently.

“And while they do so, let them reveal in full view of the nation who they are, and who is funding them.”

December 1, 2021
#EndSARS Report: Group drags Buhari to court, seeks arrest of indicted security personnel

The Socio-Economic Rights and Accountability Project (SERAP) has asked the Federal High Court in Abuja to compel President Muhammadu Buhari to ensure the arrest of security operatives involved in the shooting of peaceful #EndSARS protesters at the Lekki tollgate, and police brutality cases.

Young Nigerians had converged at the Lekki tollgate on October 20, 2020, demanding good governance in the country and an end to police brutality before they were reportedly shot at by security operatives.

A year after, a leaked report by the Lagos Judicial Panel of Inquiry on police brutality set up by the state government to probe the incident had indicted the officers for shooting “unarmed helpless and defenseless protesters, without provocation or justification.”

But SERAP in a statement on Sunday by its Deputy Director, Kolawole Oluwadare, said the lawsuit was filed in collaboration with 116 concerned Nigerians.

The group wants the court to “direct and compel President Muhammadu Buhari to take immediate steps to ensure the arrest of soldiers and police officers indicted by the Lagos #EndSARS panel report for the shooting of peaceful protesters at the Lekki toll-gate, and police brutality cases.”

In the suit number FHC/ABJ/CS/1482/2021 filed last Friday, SERAP is also asking the court to “direct and compel President Buhari to bring to justice anyone suspected to be responsible for the shooting of peaceful protesters, and to ensure access to justice and effective remedies for victims, including adequate compensation.”

“It is in the interest of justice to grant this application, as it would improve respect for Nigerians’ rights, the rule of law, and public confidence in government institutions, as well as reduce the growing culture of impunity of perpetrators,” the statement read.

“The safety of protesters in Nigeria remains as precarious as ever, and impunity for crimes against them is growing. Impunity emboldens perpetrators. A failure to bring to justice those indicted for the shooting of peaceful protesters is, in itself, a violation of the rights to life and human dignity.”

“The flagrant lack of accountability for past violations of the rights of protesters has given rise to a growing sense of powerlessness, and resentment not only among victims and their families but among the general public.”

According to the group, the failure to promptly arrest, and bring to justice those suspected to be responsible for the shooting of peaceful protesters, and to ensure access to justice and effective remedies for victims and their families amounts to a travesty of justice, as justice delayed is justice denied.

Joined in the suit as Respondent is the Minister of Justice and Attorney General of the Federation, Mr Abubakar Malami, SAN.

While seeking an order to compel Buhari to ensure that those still being detained solely for peacefully exercising their human rights are immediately and unconditionally released, and all charges against them are dropped, SERAP also wants the President to ensure full and effective respect for the human rights of everyone across the country, including the rights to life, dignity, freedom of expression, peaceful assembly, and association.

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “The Buhari administration has the constitutional responsibility to allow victims of human rights violations to find out the truth in regard to acts committed, to know who the perpetrators of such acts are, and to obtain justice and adequate compensation.”

“The right to life is an inherent, core, and non-derogable human right, regardless of the circumstances, and even in times of armed conflict or states of emergency. Summary, extrajudicial, or arbitrary executions are clearly prohibited under the Nigerian Constitution of 1999 [as amended] and international law.

“The UN Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary, and Summary Executions affirm that ‘extra-legal, arbitrary, and summary executions’ cannot be carried out under any circumstances.’

“According to the principles, ‘governments shall prohibit orders from superior officers or public authorities authorizing or inciting other persons to carry out any such extra-legal, arbitrary or summary executions. All persons shall have the right and the duty to defy such orders.’

“International law requires that the use of lethal force, such as firearms, is an ‘extreme measure’ that should only be considered when strictly necessary in order to protect life or prevent serious injury from an imminent threat.

“Articles 2(1) and 2(3) of the International Covenant on Civil and Political Rights to which Nigeria is a state party require State Parties to ‘undertake to respect and ensure’ and provide effective remedies for violations of the rights in the Covenant.

“The remedies must be accessible and effective remedies and take into account the special vulnerability of certain categories of person.

“The General Assembly of the United Nations adopted a set of principles relating to states’ obligations to the victims of serious violations of international human rights law that makes clear that states are obligated to investigate violations of international human rights law thoroughly and impartially, and where appropriate, take action against those allegedly responsible.

“States also have the duty to investigate and, if there is sufficient evidence, the duty to submit to prosecution the person allegedly responsible for violations.

“President Buhari has a constitutional duty, being the Chief Executive Officer of the Federation and the Commander-in-Chief of the armed forces, to ensure access to justice and effective remedies for victims, and that there is no impunity for allegations of human rights violations.”

The suit followed the submission of the Lagos #EndSARS panel report on the Lekki shooting incident and police brutality cases to the state governor, Babajide Sanwo-Olu. The leaked report is said to have indicted some soldiers and police officers for “the shooting of protesters, leading to grievous injuries and deaths.

The panel reportedly found that “the shooting of protesters at the Lekki toll-gate on October 20, 2020, was unwarranted, excessive, provocative and unjustifiable in the circumstances of the state of the protests, which was peaceful and orderly.”

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

November 28, 2021
SERAP petitions UN over ‘vicious assault on Justice Mary Odili’

Socio-Economic Rights and Accountability Project (SERAP) has urged Mr. Diego García-Sayán, UN Special Rapporteur on the independence of judges and lawyers, to “put pressure on the government of President Muhammadu Buhari to conduct a credible, thorough, impartial, independent, transparent, and effective investigation into the vicious assault on Supreme Court Justice Mary Odili by rogue officials.”

SERAP also urged him to “ask the Nigerian government to ensure that any investigation into the assault is based on human rights principles, and protected from undue influence. The outcome of the investigation must be made public, and the suspected perpetrators and their sponsors brought to justice.”

SERAP’s petition followed the recent invasion of Justice Odili’s Maitama, Abuja residence by armed personnel.

In the petition dated 13 November 2021, and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The intimidation and harassment of Justice Odidi is a flagrant assault on judicial independence, and apparently aimed at further weakening judicial independence and the rule of law in Nigeria.”

SERAP said: “The unconscionable attacks against Nigerian judges would seem to be a deliberate attempt by the authorities to exert pressure on the judiciary and undermine its independence and authority. These attacks are putting Nigerians’ freedoms at risk.”

According to SERAP, “The current investigation by the Nigerian police fails to meet international standards, as it is neither independent nor effective. As such, the investigation is incapable of identifying all the suspected perpetrators and their sponsors, and credibly delivering justice in the matter.”

The petition, read in part: “We urge you to push for the adoption of a resolution by the Human Rights Council to establish an international, independent, and impartial investigative mechanism into the attack on Justice Odili, and other unresolved cases of intimidation and harassment of the judiciary, and assault on the rule of law in Nigeria since May 29 2015.”

“An international investigation into the cases of intimidation and harassment of judges in Nigeria will meet the highest international standards and best practices, and assist the Nigerian authorities to take steps to improve respect for the independence of the judiciary, the rule of law, and access to justice for victims of human rights.”

“If not urgently addressed, the attacks, intimidation and harassment of the judiciary may render judges unable to defend the rule of law, to provide accountability for the many gross human rights violations in the country, or to protect the rights of the Nigerian people.”

“Nigerian authorities have a legal obligation to take measures to protect the independence of the judiciary, and ensure the safety and security of individual judges.”

“SERAP urges you to visit Nigeria to carry out a mission to investigate cases of intimidation and harassment of judges, assess the independence of the judiciary and the rule of law, and to continue to monitor the situation.”

“The proposed visit would help to support the efforts to bring Nigeria’s justice system in line with international standards, and free of political interference.”

“Nigerian authorities continue to fail to thoroughly, impartially, independently, transparently and effectively investigate cases of attacks, intimidation and harassment of judges, the very people who protect and guarantee human rights.”

“While the Nigerian authorities have arrested some of the suspected perpetrators, at least ten more persons reportedly involved in the assault on Justice Odili are still at large.”

“Independence of the judiciary is enshrined in the Nigerian Constitution of 1999 [as amended], and under human rights treaties including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights to which Nigeria is a state party.”

“The attack on Justice Odili is not an isolated incident. There have been several violations of judicial independence and the rule of law in the country. In 2016, for example, Nigerian authorities reportedly invaded in the middle of the night the homes of some judges of the Federal High Court and Justices of the Supreme Court.”

“The authorities have so far failed and/or refused to identify those suspected to be responsible and to bring them to justice.”

“An independent judiciary is essential to the protection of human rights and respect for the rule of law. The principles of independence are the hallmarks of the rationale and the legitimacy of the judicial function in every State. Their absence leads to a denial of justice, and makes the credibility of the judicial process dubious.”

“It is the principle of the separation of powers, together with the rule of law, that opens the way to an administration of justice that provides guarantees of independence and transparency.”

“As expressed in the Bangalore Principles of Judicial Conduct, “Judicial independence is a prerequisite to the rule of law and a fundamental guarantee of a fair trial.”

“According to our information, on Friday, October 29, 2021, some people claiming to be soldiers and policemen, invaded the Abuja home of Justice Mary Odili. The perpetrators identified themselves as members of a government joint task force, and used a fraudulently obtained search warrant to attempt gain access into Justice Odili’s residence.”

“The perpetrators claimed they had information that “illegal activities” were going on in the residence.”

November 14, 2021
Group drags Buhari to court over intention to ‘track, intercept and monitor’ WhatsApp chats, phone calls, SMS of Nigerians

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari.

The group is asking the court to “declare illegal and unconstitutional the plan by the administration to track, intercept and monitor WhatsApp messages, phone calls, and text messages of Nigerians and other people, as it severely threatens and violates the right to the preservation of privacy.”

The suit followed the proposal in the Supplementary Appropriation Act signed in July 2021 to spend N4.87bn to monitor private calls and messages. The amount is part of the N895.8bn supplementary budget approved by the National Assembly.

In the suit number FHC/ABJ/CS/1240/2021 filed last Friday at the Federal High Court in Abuja, SERAP is seeking: “an order of perpetual injunction restraining President Buhari and any other authority, persons or group of persons from unlawfully monitoring the WhatsApp messages, phone calls and text messages of Nigerians and other people.”

SERAP is also seeking “a declaration that any monitoring of WhatsApp messages, phone calls and text messages is oppressive and draconian, as it threatens and violates sections 37 and 39 of Nigerian Constitution 1999 [as amended]; Article 9 of the African Charter on Human and Peoples’ Rights; and Articles 17 and 19 of International Covenant on Civil and Political Rights, to which Nigeria is a state party.”

According to the group, the plan to monitor WhatsApp messages, phone calls and text messages is an arbitrary interference by the administration into respect for family and private life, the home, and correspondence.

“The Buhari administration has legal obligations to protect Nigerians and other people against arbitrary interference and violations of their human rights. Monitoring of WhatsApp messages, phone calls and text messages would grant free rein to government agencies to conduct mass surveillance of communications of people,” it said.

“The mere threat of mass surveillance, even when secret, coupled with the lack of remedy, can constitute an interference with human rights, including the rights to privacy, freedom of expression, peaceful assembly and association.

“Privacy and expression are intertwined in the digital age, with online privacy serving as a gateway to secure exercise of the freedom of opinion and expression. Therefore, targets of surveillance would suffer interference with their rights to privacy and freedom of opinion and expression whether the effort to monitor is successful or not.”

Joined in the suit as respondents are the Minister of Justice and Attorney General of the Federation, Abubakar Malami (SAN) and the Minister of Finance, Budget and National Planning, Zainab Ahmed.

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Kehinde Oyewumi, read in part: “The powers to conduct arbitrary, abusive or unlawful surveillance of communications may also be used to target political figures and activists, journalists and others in the discharge of their lawful activities.”

“Any spending of public funds should stay within the limits of constitutional responsibilities, and oath of office by public officers, as well as comply with Chapter 2 of the Nigerian Constitution relating to fundamental objectives and directive principles of state policy.

“The lack of any safeguards against discriminatory decision-making, and access to an effective remedy shows the grave threats the purported plan poses to constitutionally and internationally recognized human rights.

“Section 37 of the Nigerian Constitution and Article 17 of the International Covenant on Civil and Political Rights provide for the right to freedom from arbitrary or unlawful interference with privacy and correspondence, communications and private data.

“Section 39 of the Nigerian Constitution and Article 19 of the Covenant also guarantee the right of everyone to hold opinions without interference and to seek, receive and impart information and ideas of all kinds, regardless of frontiers and through any media.

“The UN General Assembly has condemned unlawful or arbitrary surveillance and interception of communications as ‘highly intrusive acts’ that interfere with fundamental human rights (see General Assembly resolutions 68/167 and 71/199).

“Interference with privacy through targeted surveillance is designed to repress the exercise of the right to freedom of expression. Surveillance of journalists, activists, opposition figures, critics and others simply exercising their right to freedom of expression – would lead to violations of other human rights.

“Targeted surveillance creates incentives for self-censorship and directly undermines the ability of journalists and human rights defenders to conduct investigations and build and maintain relationships with sources of information.”

SERAP is also seeking the following reliefs:

A declaration that monitoring of WhatsApp messages, phone calls and text messages of Nigerians and other people is inconsistent with the principles of legality, necessity, and proportionality and amounts to threat and infringement on the rights to private and family life, access to correspondence, and freedom of expression and the press guaranteed under sections 37 and 39 of Nigeria Constitution, 1999; Article 9 of the African Charter on Human and Peoples’ Rights, and Articles 17 and 19 of International Covenant on Civil and Political Rights.

A declaration that the act of the Defendants budgeting N4.87bn of public money to monitor WhatsApp messages, phone calls and text messages of Nigerians and other people is unlawful and a violation of the rights to private and family life, access to correspondence, and freedom of expression and the press.

An order setting aside the budget line of N4.87bn to monitor WhatsApp messages, phone calls and text messages of Nigerians and other people for being inconsistent and incompatible with constitutional provisions, and international human rights treaties.

An order mandating the 1st Respondent to redirect public funds in the sum of N4.87bn budgeted to monitor WhatsApp messages, phone calls and text messages of Nigerians and other people to improve the working conditions of healthcare practitioners and improve public healthcare facilities across Nigeria.

And for such further order or orders that the court may deem fit to make in the circumstances.

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

October 17, 2021
Group tells Buhari to cut N26bn Presidency budget for medical centre, travels, meals

The Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari “to cut the N26 billion presidency budget for the construction of the presidential wing at the State House Medical Centre, local and foreign travels, meals and refreshments, ‘sitting allowance’, and ‘welfare package’, and to use some of the savings to address the growing level of deficit, as well as improve public healthcare facilities across the country.”

SERAP also urged him “to send to the National Assembly a fresh supplementary appropriation bill, which reflects the reduced proposed spending on the construction of the State House Medical Centre, local and foreign travels, meals and refreshments, and ‘welfare package’, for its approval.”

In the letter dated 9 October 2021 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “Many Nigerians will find it quite odd, unfair and unjust that the government is spending so much money on many of these items in the middle of a public borrowing crisis. The proposed spending could be better allocated to improve access of Nigerians to basic public goods and services.”

SERAP said: “The government would continue to borrow to fund the country’s budget until there is a substantial cut to the cost of governance. The government should stop spending so much money on these items. Persistent borrowing is neither sustainable nor fair to the Nigerian people.”

It added:“Your government has a responsibility to ensure the interest of the well-being and prosperity of Nigeria and its citizens. The growing budget deficit and debt problems threaten Nigerians’ access to essential public goods and services, and will hurt future generations if not urgently addressed.”

The letter, read in part: “SERAP also urges you to publish details of spending on construction and repairs of the presidential wing at the medical center and office furniture and fittings since May 29, 2015.

“The proposed spending figures highlight the lack of political will to cut the cost of governance, starting from the presidency. This spending is unsustainable, and would take away critical funding to provide access to quality healthcare and education.

“This would leave the poorest and most vulnerable people without access to these essential public goods and services, and burden the next generation.

“According to our information, for the Office of the President, you recently proposed in the 2022 appropriation bill to spend N24,835,805,231 for the construction of the presidential wing at the state house medical center, local and foreign travels, meals and refreshments.”

The agency noted that “The construction of the presidential wing will cost N21,974,763,310. N2,309,066,788 is proposed to be spent on general travel and transport while N301,138,860 will be spent on foodstuff and catering materials supplies. N250,836,273 is proposed to be spent on refreshments, meals, honorarium, sitting allowance, publicity and advertisements.

“For the Office of the Vice-President, N1,136,717,757 is proposed for local and foreign travels, meals and refreshments, purchase of office furniture and fittings, and other expenses. The details are: N778,261,411 is proposed to be spent on general travel and transport.

“N168,210,826 is proposed for office stationeries/computer, consumables, printing of documents, uniforms and other clothing, food stuff and catering materials supplies. N2,350,626 is proposed for cooking gas and fuel costs.

“N99,795,229 is proposed to be spent on refreshments, meals, honorarium, sitting allowance, publicity and advertisements. N31,909,380 is proposed for computer software acquisition while N30,817,085 is proposed for the purchase of motor vehicles. N25,373,200 is proposed for the purchase of office furniture and fittings.

“We would therefore be grateful if the recommended measures are taken within 14 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 requests.”

The organisation said it “is concerned that the huge spending is neither necessary nor in the public interest, especially in the face of the country’s dire economic position, the scant allocations to education and health, and the growing level of borrowing by your government to fund the 2022 budget.

“Spending limited public funds on the construction of the presidential wing at the State House Medical Centre, local and foreign travels, meals and refreshments, honorarium and sitting allowance, and welfare packages at a time the government is borrowing to fund the budget would undermine your government’s constitutional and fiduciary duties to ensure a responsible budget spending.

“The country’s fiscal situation must be changed – and changed quickly – through some combination of cuts in the areas highlighted above. Cutting waste and apparently unnecessary spending would go a long way in addressing the budget deficit and debt problems.

“The recommended measures would also ensure that your government is spending the country’s maximum available resources to respect, protect, promote and fulfil the rights to basic needs of the poor and marginalized groups.”

October 10, 2021
Ban: Withdraw ‘impermissible conditions on Twitter’, SERAP tells Buhari

The Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “urgently withdraw the impermissible conditions imposed on Twitter pending the final determination of the suit at the ECOWAS Court of Justice in Abuja challenging the legality” of suspending the microblogging platform.

According to a statement on Sunday by its Deputy Director, Kolawole Oluwadare, SERAP urged the president to withdraw the clauses in a bid to allow the court render a decision on the central issues in the case, and protect the plaintiffs’ rights and interests.

President Buhari had stated in his address to mark Nigeria’s 61th independence anniversary, that the Federal Government would only lift the suspension of Twitter in Nigeria if certain conditions, including concerns around national security, are met.

The address also seems to suggest that even when the suspension is lifted, Nigerians will only be allowed to use Twitter “for business and positive engagements.”

However, in an open letter dated 2 October 2021, SERAP said: “The conditions imposed on Twitter while the ECOWAS case is pending constitute an interference with the right of SERAP and other plaintiffs to fairly and effectively pursue a judicial challenge to the decision by your government to suspend Twitter in Nigeria.

The organization said: “The conditions make a mockery of the case pending before the ECOWAS court, and create a risk that the course of justice will be seriously impeded or prejudiced in this case. Protecting the right to a judicial recourse and due administration of justice is of utmost importance, being the cornerstone of an ordered society.”

According to SERAP: “Imposing impermissible conditions on Twitter would undermine the rights and interests of the Plaintiffs in the ECOWAS Court case filed against your government, as the conditions directly touch on the central issues of freedom of expression and access to information, which the court is set to determine and rule upon.”

The letter, read in part: “Pushing conditions on Twitter while the ECOWAS case is pending would prejudice the interests of the Plaintiffs, undermine the ability of ECOWAS court to do justice in the case, damage public confidence in the court, and prejudice the outcome of the case.

“It is in the public interest to keep the streams of justice clear and pure, and to maintain the authority of the ECOWAS court in the case. If not immediately withdrawn, the conditions would seriously undermine Nigeria’s international human rights obligations including under ECOWAS treaties and protocols, and have serious consequences for the public interest.”

“Given that the only way in which SERAP and other plaintiffs can have a fair and effective access to justice is to allow the court to decide on the merits of the case before it, fairness and justice must, on the facts of the ECOWAS case, outweigh any stated national security conditions.”

“Your government should allow the ECOWAS Court to decide these issues, especially as the Federal Government has made the arguments on national security before the court.”

“The core of the principle of judicial independence is the complete liberty of the judge to hear and decide the cases before them on the basis of facts and in accordance with the law, without any improper interference, direct or indirect.”

“The principle of the independence of the judiciary has also been enshrined in the Basic Principles on the Independence of the Judiciary, endorsed by the General Assembly in 1985.”

“The Principles provide, inter alia, that it is the duty of all governmental and other institutions to respect and observe the independence of the judiciary (principle 1); that judges shall decide matters before them impartially without any restrictions or interferences, direct or indirect, from any quarter or for any reason (principle 2); and that there shall not be any inappropriate or unwarranted interference with the judicial process (principle 4).”

SERAP, therefore, urged the president to urgently withdraw the conditions imposed on Twitter, and to allow the ECOWAS court to decide on the suit brought by the organization and other plaintiffs challenging the legality of the suspension of Twitter in Nigeria, as judgment in the suit is fixed for 20th, January 2022.

October 3, 2021