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Tag: SERAP

  • SERAP asks Lawan, Gbajabiamila to reject Buhari’s fresh request to borrow $4bn, €710m

    SERAP asks Lawan, Gbajabiamila to reject Buhari’s fresh request to borrow $4bn, €710m

    Socio-Economic Rights and Accountability Project (SERAP) has urged the Senate President Dr Ahmad Lawan, and Speaker of House of Representatives Mr Femi Gbajabiamila to reject the fresh request by President Muhammadu Buhari to borrow $4 billion and €710 million until the publication of details of spending of all loans obtained since May 29, 2015 by the government.”

    President Buhari recently sought the approval of the National Assembly to borrow $4,054,476,863 billion and €710 million, on the grounds of “emerging needs.” The request was contained in a letter dated 24 August, 2021.

    In an open letter dated 18 September 2021, and signed by SERAP deputy director Kolawole Oluwadare, the organization expressed “concerns about the growing debt crisis, the lack of transparency and accountability in the spending of loans that have been obtained, and the perceived unwillingness or inability of the National Assembly to vigorously exercise its constitutional duties to check the apparently indiscriminate borrowing by the government.”

    SERAP said: “The National Assembly should not allow the government to accumulate unsustainable levels of debt, and use the country’s scarce resources for staggering and crippling debt service payments rather than for improved access of poor and vulnerable Nigerians to basic public services and human rights.”

    According to SERAP, “Accumulation of excessive debts and unsustainable debt-servicing are inconsistent with the government’s international obligations to use the country’s maximum available resources to achieve progressively the realisation of economic and social rights, and access of Nigerians to basic public services.”

    The letter, read in part: “The country’s public debt has mushroomed with no end in sight. The growing national debt is clearly not sustainable. There has been no serious attempt by the government to cut the cost of governance. The leadership of the National Assembly ought to stand up for Nigerians by asserting the body’s constitutional powers to ensure limits on national debt and deficits.”

    “SERAP urges you to urgently propose a resolution and push for constitutional amendment on debt limit, with the intent of reducing national debt and deficits. This recommendation is entirely consistent with the constitutional oversight functions and spending powers of the National Assembly, and the country’s international anti-corruption and human rights obligations.”

    “Indiscriminate borrowing has an effect on the full enjoyment of Nigerians’ economic and social rights. Spending large portion of the country’s yearly budget to service debts has limited the ability of the government to ensure access of poor and vulnerable Nigerians to minimal health care, education, clean water, and other human needs.”

    “Should the National Assembly and its leadership fail to rein in government borrowing, and to ensure transparency and accountability in the spending of public loans, SERAP would consider appropriate legal action to compel the National Assembly to discharge its constitutional duties.”

    “The National Assembly under your leadership has a constitutional responsibility to urgently address the country’s debt crisis, which is exacerbated by overspending on lavish allowances for high-ranking public officials, lack of transparency and accountability, as well as the absence of political will to recover trillions of naira reported to be missing or mismanaged by the Office of the Auditor-General of the Federation.”

    “The National Assembly should stop the government from borrowing behind the people’s backs. Lack of information about details of specific projects on which loans are spent, and on loan conditions creates incentives for corruption, and limits citizens’ ability to scrutinise the legality and consistency of loans with the Nigerian Constitution of 1999 (as amended), as well as to hold authorities to account.”

    “SERAP notes that if approved, the country’s debts will exceed N35 trillion. The government is also reportedly pushing the maturity of currently-secured loans to between 10 and 30 years. N11.679 trillion is reportedly committed into debt servicing, while only N8.31 trillion was expended on capital/development expenditure between 2015 and 2020.”

    “Ensuring transparency and accountability in the spending of loans by the government and cutting the cost of governance would address the onerous debt servicing, and improve the ability of the government to meet the country’s international obligations to use maximum available resources to ensure the enjoyment of basic economic and social rights, such as quality healthcare and education.”

    The letter was copied to chairmen of the Public Accounts Committees of the National Assembly.

  • How widespread corruption in MDAs is plunging Nigerians further into poverty – SERAP

    How widespread corruption in MDAs is plunging Nigerians further into poverty – SERAP

    A new report by the Socio-Economic Rights and Accountability Project (SERAP) has revealed how “widespread and systemic corruption in ministries, departments and agencies (MDAs) especially in the education, health and water sectors are plunging millions of Nigerians further into poverty.”

    According to the report, “Budget fraud, procurement fraud, embezzlement of funds among other illegal actions, lead to failure in the delivery of services including education, water and health. People living in poor neighbourhoods have suffered so much that they consider poor service delivery as being good enough.”

    The 61 pages report launched today at the Radisson Blu Hotel, Ikeja, Lagos, is titled: The Ignored Pandemic: How Corruption in the Health, Education and Water Sectors is Plunging Nigerians further into Poverty. The report presented to the media by Dr. Elijah Okebukola, discloses that “61% of people living in poor neighbourhoods ranged between having no formal education and senior secondary education.”

    The report shows that, “Corruption contributes to poverty and consequential suffering of people living in poor neighbourhoods. 57.30% of people living in poor neighbourhoods were youth of between 18 and 35 years old. Poor people are victims and not perpetrators of corruption in the health, education and water sectors.”

    According to the report, “Many of the 36 states in Nigeria have no documented policies for helping people living in poverty or people earning low income to have access to health, education and water. Even if these policies existed, they were not known to the public officers who serve the people living in poor neighbourhoods.”

    The report urges President Muhammadu Buhari to “promptly propose an executive bill to amend the Nigerian Constitution of 1999 [as amended] to recognize Nigerians’ socio-economic rights, including the rights to an adequate standard of living, education, quality healthcare, and clean water as legally enforceable human rights”

    The report also urges the Buhari administration to “ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which allows individuals and groups whose socio-economic rights are violated to access international accountability mechanism in the form of the Committee on Economic, Social and Cultural Rights.”

    Among the people who attended the report launch are: Mr. Ibrahim Yusuf, Permanent Secretary, Office of the Head of Service of the Federation; Agugro R.I., Office of the Secretary to the Government of the Federation; and Mrs Veronica Agugu, Permanent Secretary, Political and Economic Affairs, Office of the Secretary to the Government of the Federation.

    The report launch was also attended by Professor Akin Oyebode; Femi Falana, SAN; Dr. Oby Ezekwesili; Ms Funmi Iyanda; Sina Fagbenro; Hamza Lawal; Ade Adam, the Independent Corrupt Practices and Other Related Offences Commission (ICPC); Dr Ifeyemi Adeniran, Lagos State Ministry of Health; Ibeh Ikem, the Universal Basic Education Commission (UBEC), and Dr Oyetola, Lagos State Ministry of Education.

    Others are: Dasuki Ibrahim Arabi, Director-General, Bureau of Public Service Reforms (BPSR); Waheed Ishola, Director, Director at National Orientation Agency; Adelaja Oodukoya, Academic Staff Union of Universities (ASUU); Olayinla Oyeyemi, National Agency for Food and Drug Administration and Control (NAFDAC); Adebusiyi Isaac, United Nations Office on Drugs and Crime (UNODC); and Dr Francis Ojie, National Institute for Legislative and Democratic Studies.

    All the participants expressed commitment to ensure the full implementation of the recommendations contained in the report.

    The report, read in part: “93.20% of people living in poor neighbourhoods were younger than 60 years old. People living in poverty were mostly self-employed (57.20%) or unemployed (20.10%) and were living in extreme poverty. Those who were unemployed outnumbered the combined number of those who worked for the government (8.30%) and private sector (7.20%).”

    “48.90% of people living in poverty, that is, more than 27,453,154 (twenty-seven million, four hundred and fifty-three thousand, one hundred and fifty-four) earned less than 100 thousand Naira per annum. 27.9 per cent, that is more than 15,663,456 (fifteen million, six hundred and sixty-three thousand, four hundred and fifty-six) earned between 100 and 200 thousand Naira per annum.”

    “10.70% earned between 201 and 300 thousand Naira per annum. 12.50% earned more than 300 Naira per annum. 65% of people living in poor neighbourhoods stayed in either one-bedroom or two-bedroom accommodation. Up to 4% of people living in poverty, that is, about 2,245,657 (two million, two hundred and forty-five thousand, six hundred and fifty-seven) had physical disabilities.”

    “Crowded living conditions heightened the need for water. Only 19% of people living in poor neighbourhoods got water from governmental providers. Majority of poor people who received water from the governmental providers were satisfied with the quality of water they got.”

    “79% of people living in poverty, that is more than 44,351,722 (forty-four million, three hundred and fifty-one thousand, seven hundred and twenty-two), did not get water from the governmental public water provider. 50.14% of people living in poverty, that is, 22,237,953 (twenty-two million, two hundred and thirty-seven thousand, nine hundred and fifty-three) people relied on personal wells or boreholes for water supply.”

    “23.96%, that is more than 10,626,673 (ten million, six hundred and twenty-six thousand, six hundred and seventy-three) of people living in poverty got water from streams or rivers; 10.51% got water from neighbours’ houses; and 1.54% received water from other sources.”

    “54% of respondents who had access to water from a governmental source did not pay to connect their residences to a public water source. 93% of respondents that paid for connection to a public source water provider, made their payments in cash. Despite the absence/inadequacy of learning tools, infrastructure and other relevant resources, people living in poor neighbourhoods believed that good quality education was provided in their schools.”

    “About 34% of people living in poverty, that is, about 19,088,083 (nineteen million, eighty-eight thousand, and eighty-three) did not use governmental medical facilities at all. 5.2% of people living in poverty, that is, more than 2,919,354 (two million, nine hundred and nineteen thousand, three hundred and fifty-four), who went to governmental medical facilities, were denied medical treatment in the last one year.”

    “52% of the people living in poverty who were denied treatment at governmental medical facilities, that is, more than 1,518,064 (one million, five-hundred and eighteen thousand, and sixty-four), were turned away because of inability to pay for treatment.”

    “39% of the people living in poverty who were denied treatment at medical facilities, that is more than 1,138,548 (one million, one hundred and thirty-eight thousand, five hundred and forty-eight), were turned away because of the lack of equipment or bed-space.”

    “Only 4.20%, that is, about 2,357,940 (two million, three hundred and fifty-seven thousand, nine hundred and forty) of people living in poverty, had received any direct poverty alleviation donation or support from the government in the past one year. 81% of people living in poor neighbourhoods believed that those who held top public office had better access to education, water and health.”

    “92.60%, 93.80% and 94.30% believed that they would have had better access to education, water and health respectively if they had a higher income. Among people living in poverty, 28.10%, 29.30% and 31.70% did not believe that things would get better in the next one year while 51.20%, 48.90% and 46.80% believed the situation would be better in terms of access to health, education and water respectively.”

    “The survey adopted a mixed-method approach, combining quantitative and qualitative research methods. The assessment covered the six geopolitical zones of the country and relying on data from the National Bureau of Statistics (NBS), the States with the highest and lowest population of people living in poverty were selected from each geopolitical zone.”

    “President Buhari should widely publish the criteria for eligibility for the National Social Register of Poor and Vulnerable Households, cash transfers and other social assistance programmes, and work with community-based organizations and civil society groups to disseminate information to urban poor communities about how to be part of these programmes.”

    “President Buhari should increase investment in public health, the healthcare system, education services, provision of clean water and other basic public goods and services that will benefit majority of the population.”

    “President Buhari should re-direct budgetary allocations to renovate the National Assembly complex and take urgent steps to ensure that essential public goods and services are available to poor and vulnerable Nigerians, including women, children, persons with disabilities, and older persons.”

    “The leadership of the National Assembly should promptly initiate bill to amend the Nigerian Constitution of 1999 [as amended] to recognize Nigerians’ socio-economic rights, including the rights to an adequate standard of living, education, quality healthcare, and clean water as legally enforceable human rights.”

    “The leadership of the National Assembly should ensure that the relevant parliamentary committees collaborate to initiate independent public enquiries and fact-finding on how public funds have been spent on education, healthcare and water since the return of democracy in 1999 and look into allegations/Reports of mismanagement, misuse or diversion of public of funds.”

    “The leadership of the National Assembly should make public the findings of any such investigations or inquiries by the relevant parliamentary committees on the use of public funds meant for provision of public goods and services such as education, healthcare, and water.”

    “The leadership of the National Assembly should make public all Reports of investigations into allegations of corruption in MDAs including in the education, health and water sectors, and send any such Reports to appropriate anti-corruption agencies for further investigation and prosecution.”

  • SERAP sues FG, seeks details of ‘payment of N729bn to poor Nigerians’

    SERAP sues FG, seeks details of ‘payment of N729bn to poor Nigerians’

    Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit asking the Federal High Court in Lagos “to compel the Federal Government to disclose details of proposed payments of N729bn to 24.3 million poor Nigerians, including the mechanisms and logistics for the payments, list of beneficiaries, and how they have been selected, and whether the payments will be made in cash or through Bank Verification Numbers or other means.”

    SERAP is also seeking “an order directing and compelling the Federal Government to explain the rationale for paying N5,000 to 24.3 million poor Nigerians for six months, which translates to five-percent of the country’s budget of N13.6 trillion for 2021.”

    The suit followed SERAP’s Freedom of Information (FoI) request to Ms Sadia Umar-Farouk, Minister of Humanitarian Affairs, Disasters Management and Social Development, stating that: “Disclosing the details of beneficiaries and selection criteria, as well as the payment plan would promote transparency and accountability, and remove the risks of mismanagement and diversion of public funds.”

    In the suit number FHC/L/CS/853/2021 filed at the Federal High Court, Lagos, SERAP is also seeking: “an order directing and compelling the Federal Government to clarify whether the proposed payment to poor Nigerians is part of the N5.6 trillion budget deficit.”

    In the suit filed against Ms Sadia Umar-Farouk, SERAP is arguing that “Providing support and assistance to poor Nigerians is a human rights obligation but the programme to spend five-percent of the 2021 budget, which is mostly based on deficit and borrowing, requires anti-corruption safeguards to ensure the payments go directly to the intended beneficiaries, and that public funds are not mismanaged or diverted.”

    According to SERAP: “The Nigerian Constitution of 1999 [as amended], UN Convention against Corruption, and African Union Convention on Preventing and Combating Corruption to which Nigeria is a state party require the government to set the highest standards of transparency, accountability and probity in programmes that it oversees.”

    SERAP is also arguing that “The government has a responsibility to ensure that these requirements and other anti-corruption controls are fully implemented and monitored, and that the payments are justified in light of the huge budget deficit and borrowing, and whether there are better ways to spend N729bn to support poor Nigerians.”

    According to SERAP: “The Federal Government has repeatedly failed to ensure transparency and accountability in the spending of public wealth and resources.”

    The suit filed last week on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “Transparency and accountability in the programme would improve public trust, and allow Nigerians to track and monitor its implementation, and to assess if the programme is justified, as well as to hold authorities to account in cases of diversion, mismanagement and corruption.”

    “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 democratic society, this is meant to be a norm; it is an apostasy for government to ignore the provisions of the law and the necessary rules to regulate matters”

    “The right to truth allows Nigerians to gain access to information essential to the fight against corruption. This is in line with the Government’s anti-corruption strategy of citizen involvement in the fight against corruption. As a positive development strategy, access to information will foster development of democratic institutions in Nigeria.”

    “Democracy cannot flourish in the absence of citizen’s access to information. Public officers are mere custodians of public records. The citizenry is entitled to know how the common wealth is being utilized, managed and administered. This right to know will no doubt help in promoting a transparent democracy, good governance and public accountability.”

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

  • Group drags Buhari, others to court over ‘missing N106bn in 149 MDAs’

    Group drags Buhari, others to court over ‘missing N106bn in 149 MDAs’

    Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari “over his failure to probe allegations that N106bn of public funds are missing from 149 ministries, departments and agencies (MDAs), 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 his 2018 annual audited report that N105,662,350,077.46 of public funds are missing, misappropriated or unaccounted for across 149 MDAs.

     

    In the suit number FHC/ABJ/CS/903/2021 filed last week at the Federal High Court in Abuja, SERAP is seeking: “an order of mandamus to direct and compel President Buhari to promptly investigate the alleged missing N106bn of public funds, ensure prosecution of anyone suspected to be responsible, and the full recovery of any missing public money.”

     

    In the suit, SERAP is arguing that: “Recovering the alleged missing public funds would reduce the pressure on the Federal Government to borrow more money to fund the budget, enable the authorities to meet the country’s constitutional and international obligations, and reduce the growing level of public debts.”

     

    According to SERAP: “Directing and compelling President Buhari to ensure the investigation and prosecution of the alleged grand corruption documented by the Auditor-General would be entirely consistent with the government’s own commitment to fight corruption, improve the integrity of MDAs, and serve the public interest.”

     

    SERAP is also arguing that, “The alleged missing public funds have hampered the ability of the indicted MDAs to meet the needs of average citizens, as the missing funds could have helped the government to invest in key public goods and services, and to improve access of Nigerians to these goods and services.”

     

    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, as it would improve respect for the rights of Nigerians, and improve their access to essential public goods and services. The suit is in keeping with the requirements of the Nigerian Constitution 1999 [as amended]; anti-corruption legislation, and the country’s international obligations including under the UN Convention against Corruption; and the African Union Convention on Preventing and Combating Corruption to which Nigeria is a state party.”

     

    SERAP is also seeking an order to compel the president “to publish full details of the yearly budgets of all MDAs, and issue regular updates that detail their expenditures, including by making any such information easily accessible in a form that can be understood by the public.”

     

    The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Joke Fekumo, read in part: “The failure to investigate the allegations of grand corruption in the 2018 annual audited report constitutes a grave violation of the duty placed on the Nigerian government 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.”

     

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

     

  • SERAP to Buhari: Redirect N4.8bn to monitor WhatsApp calls to pay doctors’ salaries

    SERAP to Buhari: Redirect N4.8bn to monitor WhatsApp calls to pay doctors’ salaries

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari “to urgently redirect the proposed spending of N4.8bn of public money to monitor WhatsApp messages, phone calls, and text messages of Nigerians and other people, to pay some of the salaries of striking resident doctors, improve their benefits, as well as improve public healthcare facilities for the sake of poor Nigerians who rely on those facilities, and have nowhere else to turn.”

     

    SERAP said: “We also urge you to send to the National Assembly a fresh supplementary appropriation bill, which reflects the redirected budget, for its approval.”

     

    In the open letter dated 14 August, 2021, and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Redirecting the proposed spending of N4.8bn would be entirely consistent with your constitutional oath of office, and the letter and spirit of the Nigerian Constitution of 1999 [as amended], as it would promote efficient, honest, and legal spending of public money.”

     

    According to SERAP, “Redirecting the proposed spending of N4.8bn would also remove the threats to fundamental human rights of Nigerians, and ensure access to quality healthcare for the socially and economically vulnerable people who rely on public hospitals, and have no opportunity for medical treatment elsewhere.”

     

    The letter, read in part: “Any appropriation law ought to comply with the Nigerian Constitution and the country’s international human rights obligations and commitments.”

     

    “The constitutional oath of office implicitly provides some safeguards on the appropriation and spending of public funds, and imposes a legally binding obligation on public officers to preserve the public money, and not to disburse it except conformably to the Constitution.”

     

    “SERAP believes that any proposed 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 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.”

     

    “The proposed spending of N4.8bn of public funds as contained in the Supplementary Appropriation Act, which you signed last month would give rise to serious violations of the human rights of Nigerians and other people, as it would grant free rein to government agencies to conduct mass surveillance of communications of people.”

     

    “The proposed spending also fails to meet the requirements of public interests, legality, necessity, and proportionality. Additionally, the lack of any safeguards against discriminatory decision-making, and access to an effective remedy shows the grave threats it poses to constitutionally and internationally recognized human rights.”

     

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

     

    “SERAP is concerned that the proposed spending to monitor WhatsApp messages, phone calls, and text messages of Nigerians and other people is inconsistent and incompatible with the Nigerian Constitution and the country’s international human rights obligations.”

     

    “Specifically, Section 37 of the Nigerian Constitution, and Article 17 of the International Covenant on Civil and Political Rights, to which the country is a state party 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 protect everyone’s right to hold opinions without interference and to seek, receive and impart information and ideas of all kinds, regardless of frontiers and through any media.”

     

    “SERAP wishes to stress your government’s obligations under article 9 of the African Charter on Human and Peoples’ Rights, and article 13 of the UN Convention against Corruption both of which Nigeria has ratified.”

     

    “Similarly, 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).”

     

    “SERAP is concerned that 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, especially given the growing repression of civic space, suspension of Twitter, and attacks on freedom of expression and media freedom in the country.”

     

    “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.”

     

    “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 such as the rights to liberty and freedom from torture and other ill-treatment.”

     

    “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 concerned about the failure by your government to resolve the strike by the National Association of Resident Doctors (NARD) over pay, insurance benefits and poor facilities, and its effects on poor Nigerians, especially as the country faces a third wave of coronavirus.”

    “According to our information, in July, 2021, you reportedly signed the 2021 supplementary appropriation bill of N983 billion into law. Of the amount, N4.8bn (N4,870,350,000) was allocated to the National Intelligence Agency (NIA) to monitor WhatsApp messages, phone calls, and text messages of Nigerians and other people.”

     

    “Of the figure, N1.93 billion was earmarked for ‘WhatsApp Intercept Solution’ and N2.93 billion for ‘Thuraya Interception Solution’ – a communications system used for monitoring voice calls or call-related information, SMS, data traffic, among others.”

     

    The letter was copied to Mr Abukabar Malami, SAN, Attorney General of the Federation and Minister of Justice; and Mrs Zainab AhmedMinister of Finance, Budget and National Planning.

     

  • Buhari, Lai Mohammed dragged to court over plot to ‘gag’ media

    Buhari, Lai Mohammed dragged to court over plot to ‘gag’ media

    Socio-Economic Rights and Accountability Project (SERAP) and Centre for Journalism Innovation and Development have filed a lawsuit against President Muhammadu Buhari and Mr. Lai Mohammed, Minister of Information and Culture.

    SERAP asked the court to “declare illegal the gag order stopping journalists and broadcast stations from reporting details of terrorist attacks and victims, as the order violates media freedom and Nigerians’ freedom of expression and access to information.”

    Joined in the suit as Defendant is the National Broadcasting Commission (NBC).

    The suit followed the directive by NBC asking journalists, television and radio stations in Nigeria to stop “glamourising and giving too many details on the nefarious activities of terrorists and kidnappers” during their daily newspaper reviews.

    In the suit number FHC/ABJ/CS/725/2021 filed last Friday, SERAP and PTCIJ are seeking: “an order of perpetual injunction restraining the government of President Buhari, the NBC, and Mr Lai Muhammed or any other persons from imposing fines or other sanctions on broadcast stations for carrying out their constitutional duties of reporting details of terrorist attacks and victims during daily newspaper reviews.”

    In the suit, SERAP and PTCIJ are seeking “an order to compel and direct the NBC and Mr Lai Muhammed to withdraw the directive asking journalists and broadcast stations to stop reporting details on terrorist attacks and victims, as the directive is unlawful and inconsistent with the Nigerian Constitution of 1999 [as amended], and the country’s international human rights obligations.”

    SERAP and PTCIJ are also seeking “an order setting aside the directive on reporting of terrorist attacks and victims, for being inconsistent and incompatible with sections 22 and 39 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.”

    According to SERAP: “Unless the reliefs sought are urgently granted by this Honourable Court, the directive by the NBC and Mr Lai Muhammed would be used to impermissibly restrict Nigerians’ rights to freedom of expression, access to information, media freedom, and victims’ right to justice and effective remedies.”

    SERAP and PTCIJ are arguing that “the failure by the government of President Buhari to direct the NBC to withdraw its directive on reporting of terrorist attacks and victims violates sections 5[a] and [b], 147 and 148 of the Nigerian Constitution, Code of Conduct for Public Officers [Fifth Schedule Part 1], and Oath of office [Seventh Schedule] of the Constitution.”

    SERAP and PTCIJ are also seeking “a declaration that sections 5.4.1[f] and 5.4.3 of the National Broadcasting Code and their application to the daily review of newspaper headlines by broadcast stations are inconsistent with sections 22 and 39 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.”

    According to SERAP and PTCIJ: “The NBC directive fails to establish a direct and immediate connection between the reporting by broadcast stations and purported risks to national security and peace. The NBC is using ‘national security’ as a pretext to intimidate and harass journalists and broadcast stations, and to violate Nigerians’ rights to freedom of expression and access to information.”

    SERAP and PTCIJ are also arguing that: “Factual reporting on the growing violence in some parts of Nigeria is a matter of public interest. National security considerations should be limited in application to situations in which the interest of the whole nation is at stake, which would thereby exclude restrictions in the sole interest of a government, regime, or power group.”

    The suit filed on behalf of SERAP and PTCIJ by their lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “The NBC and Mr Lai Muhammed lack the power and authority to restrict the ability of journalists and broadcast stations to carry out their constitutional duties and to unlawfully impose penalty such as fines and other sanctions on any journalists and broadcast stations for reporting on details of terrorist attacks and victims in the country.”

    “SERAP and PTCIJ together with several millions of Nigerians easily access information, news and form opinions on government policies through the daily newspaper reviews by journalists and broadcast stations in Nigeria.”

    “While the NBC has the powers to make rules to enable it perform its statutory functions under section 2[1] [a] to [u] of NBC Act, such statutory powers ought to be exercised in line with the Nigerian Constitution, and the country’s international human rights obligations.”

    “The pertinent questions that arise from the directive are: Who determines what would amount to ‘too many details’, ‘glamourising’, ‘divisive rhetoric’, and ‘security issues’ during the daily review of newspaper headlines? What constitutes ‘divisive materials’ during the daily review of newspaper headlines by journalists and broadcast stations?”

    “In law, a regulation that is vague and loose in its scope cannot be used to take away constitutionally and internationally recognized human rights to freedom of expression, access to information, and media freedom.”

    “The interference with the constitutional and legal duties of journalists and broadcast stations cannot be justified, as Nigerian authorities have failed to show that reporting of terrorist attacks and victims would impose a specific risk of harm to a legitimate State interest that outweighs the public’s interest in such information.”

    “The Constitution is the grundnorm and the fundamental law of the land. All other legislations in this country take their hierarchy from the provisions of the Constitution. It is not a mere common legal document.”

    “The Courts as the veritable agency for the protection and preservation of rule of law should ensure that persons and institutions operate within the defined ambit of constitutional and statutory limitations.”

    “Where agencies of government are allowed to operate at large and at their whims and caprices in the guise of performing their statutory duties, the end result will be anarchy, licentiousness, authoritarianism and brigandage leading to the loss of the much cherished and constitutionally guaranteed freedom and liberty.”

    However, no date has been fixed for the hearing of the application for an interim injunction, and the substantive suit.

  • SERAP drags Buhari, Osinbajo, 36 governors, NASS members to court; seeks slashing of jumbo pay allowances

    SERAP drags Buhari, Osinbajo, 36 governors, NASS members to court; seeks slashing of jumbo pay allowances

    Socio-Economic Rights and Accountability Project (SERAP) has asked the Federal High Court in Abuja “to order the Revenue Mobilization Allocation and Fiscal Commission (RMAFC) and the National Salaries, Incomes and Wages Commission (NSIWC) to perform their statutory functions to review downward the remuneration and allowances of President Muhammadu Buhari, Vice-President Yemi Osinbajo, 36 governors and members of the National Assembly.”

    SERAP is arguing that “slashing jumbo pay for these high-ranking political office-holders would reduce the unfair pay disparity between political officer holders and judicial officers, address the persistent poor treatment of judges, and improve access of victims of corruption to justice and effective remedies.”

    In the suit number FHC/ABJ/CS/658/2021 filed last Friday, SERAP is seeking: “an order of mandamus to direct and compel the RMAFC to send its downward review of the remuneration and allowances of these high-ranking public office holders and recommendations to the National Assembly for appropriate remedial and legislative action, as provided for by the Nigerian Constitution 1999 [as amended].”

    SERAP is also seeking “an order of mandamus to direct and compel the RMAFC to perform its mandatory constitutional duty to urgently review upward the remuneration, salaries and allowances, as well as the conditions of service for Nigerian judges.”

    Joined in the suit as Respondents are Senate President, Ahmad Lawan; Speaker of House of Representatives, Femi Gbajabiamila, for themselves, and on behalf of all members of the Senate and House of Representative; and the National Judicial Council.

    SERAP is arguing that: “While high-ranking political office-holders continue to enjoy lavish allowances, including life pensions, and access to security votes, which they have powers to spend as they wish, the remuneration and allowances of judges are grossly insufficient to enable them to maintain themselves and their families in reasonable comfort.”

    According to SERAP: “The huge pay disparity between these high-ranking political officer-holders and judges is unfair, unjust and discriminatory, especially given the roles of judges to the people and the country.”

    SERAP is also seeking “an order of mandamus to direct and compel NSIWC to perform its mandatory legal duty to urgently examine, streamline and recommend upward remuneration and allowances of Nigerian judges, and to recommend downward review of allowances of President Buhari, Vice-President Osinbajo, 36 governors and lawmakers to the National Assembly.”

    The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Adelanke Aremo, read in part: “the remuneration and allowances of judges have fallen substantially behind the average salaries and allowances of high-ranking political office-holders such as President, Vice-President, governors and lawmakers.”

    “While government reviewed upward the salaries and allowances of political office holders on four occasions between May 1999 and March 2011, the salaries and allowances of judicial officers were only reviewed twice during the same period.”

    “The review of the remuneration, allowances, and conditions of service for political, public and judicial office holders carried out by the RMAFC in 2009 shows huge disparity between the remuneration and allowances of judges and those of high-ranking political office-holders.”

    “The NSIWC in a letter to SERAP admitted that it has powers to examine, streamline and recommend the salary scales applicable to each post in the public service but informed us to redirect our request to the RMAFC.”

    “There is a legal duty upon the RMAFC to urgently review downward the remuneration and allowances of high-ranking political office-holders.”

    “Judges should get all to which they are reasonably entitled, and it is unfair, illegal, unconstitutional, and discriminatory to continue to treat judges as second-class people while high-ranking political office-holders continue to enjoy lavish salaries and allowances.”

    “Despite their important roles and responsibilities, Nigerian judges are poorly treated, particularly when their remuneration, salaries, allowances, and conditions of service are compared with that of political office-holders. Judges should not have to endure the most poignant financial worries.”

    “The increase in the cost of living and the injustice of inadequate salaries bears heavily on judges, as it undermines their ability to effectively perform their judicial functions.”

    “The roles and functions performed by judges across the country are second to none in their importance, including in facilitating access of victims of corruption and human rights violations to justice and effective remedies.”

    “As a safeguard of judicial independence, the budget of the judiciary ought to be prepared in collaboration with the judiciary having regard to the peculiar needs and requirements of judicial administration.”

    “The remuneration and pensions of judges must be secured by law at an adequate level that is consistent with their status and is sufficient to safeguard against conflict of interest and corruption.”

    “Nigerians would continue to bear the brunt of denied access to justice, a better judiciary and a better administration of justice until judges across the country are paid what they rightly deserve.”

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

  • SERAP sues Buhari over $25bn overdrafts taken from CBN

    SERAP sues Buhari over $25bn overdrafts taken from CBN

    Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit, asking the court “to compel President Muhammadu Buhari to disclose spending details of the overdrafts and loans obtained from the Central Bank of Nigeria (CBN) since May 29, 2015, including the projects on which the overdrafts have been spent, and repayments of all overdrafts to date.”

    SERAP is also seeking an order to compel the president to “explain and clarify whether the $25bn (N9.7trn) overdraft reportedly obtained from the CBN is within the five-percent limit of the actual revenue of the government for 2020.”

    The suit followed SERAP’s Freedom of Information (FoI) request to President Buhari, stating that: “Disclosing details of overdrafts and repayments would enable Nigerians to hold the government to account for its fiscal management and ensure that public funds are not mismanaged or diverted.”

    In the suit number FHC/ABJ/CS/559/2021 filed last week at the Federal High Court, Abuja, SERAP is also seeking: “an order directing and compelling President Buhari to disclose details of overdrafts taken from the CBN by successive governments between 1999 and 2015.”

    In the suit, SERAP is arguing that: “Secrecy and the lack of public scrutiny of the details of CBN overdrafts and repayments is antithetical to the public interest, the common good, the country’s international legal obligations, and a fundamental breach of constitutional oath of office.”

    Joined in the suit as respondents are the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN; the Minister of Finance, Budget and National Planning, Zainab Ahmed; and the Governor of CBN, Godwin Emefiele.

    SERAP is also arguing that: “Ensuring transparency and accountability in the spending of CBN overdrafts and loans would promote prudence in debt management, reduce any risks of corruption and mismanagement, and help the government to avoid the pitfalls of excessive debt.”

    According to SERAP: “By the combined reading of the Constitution of Nigeria 1999 (as amended), the Freedom of Information Act, the UN Convention against Corruption, and the African Charter on Human and Peoples’ Rights, there are transparency obligations imposed on the government to disclose information to the public concerning details of CBN overdrafts, loans and repayments to date.”

    SERAP is also arguing that: “The Nigerian Constitution, Freedom of Information Act, and these treaties rest on the basic principle that citizens should have access to information regarding their government’s activities.”

    The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Adelanke Aremo, read in part: “Transparency and accountability in the spending of CBN overdrafts would also ensure that public funds are properly spent, reduce the level of public debt, and improve the ability of the government to invest in essential public goods and services, such as quality education, healthcare, and clean water.”

    “It is the primary responsibility of the government to ensure public access to these services in order to lift millions of Nigerians out of poverty and to achieve the Sustainable Development Goals by 2030.”

    “Transparency and accountability in the spending of CBN overdrafts and loans would also improve the ability of the government to effectively respond to the COVID-19 crisis. This means that the government would not have to choose between saving lives or making debt payments.”

    “The recent overdraft of $25.6bn (about N9.7trn) reportedly obtained from the CBN would appear to be above the five-percent limit of the actual revenue of the Federal Government for 2020, that is, N3.9trn, prescribed by Section 38(2) of the CBN Act 2007. SERAP notes that five-percent of N3.9trn is N197bn.”

    “While Section 38(1) of the CBN Act allows the Bank to grant overdrafts to the Federal Government to address any temporary deficiency of budget revenue, sub-section 2 provides that any outstanding overdraft ‘shall not exceed five-percent of the previous year’s actual revenue of the Federal Government.’”

    “Similarly, Section 38(3) requires all overdrafts to ‘be repaid as soon as possible and by the end of the financial year in which the overdrafts are granted.’”

    “The CBN is prohibited from granting any further overdrafts until all outstanding overdrafts have been fully repaid. Under the CBN Act, ‘no repayment shall take the form of a promising note or such other promise to pay at a future date, treasury bills, bonds or other forms of security which is required to be underwritten by the Bank.’”

    “Similarly, the Fiscal Responsibility Act provides in section 41 that the government ‘shall only borrow for capital expenditure and human development.’ Under the Act, the government ‘shall ensure that the level of public debt as a proportion of national income is held at a sustainable level.’”

    “Section 44 of the Fiscal Responsibility Act requires the government to specify the purpose of any borrowing, which must be applied towards capital expenditures, and to carry out cost-benefit analysis, including the economic and social benefits of any borrowing. Any borrowing should serve the public good, and be guided by human rights principles.”

    “SERAP has consistently recommended to the Federal Government to reduce its level of borrowing and to look at other options of how to finance its budget, such as reducing the costs of governance, and addressing systemic and widespread corruption in ministries, departments and agencies (MDAs) that have been documented by the Office of the Auditor-General of the Federation.”

    “Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution; the Freedom of Information Act; the Fiscal Responsibility Act; the Central Bank Act; the Debt Management Office Act; and the country’s international legal obligations.”

    “There is a statutory obligation on the respondents, being public officers in their respective public offices, to proactively keep, organize and maintain all information or records about CBN overdrafts, loans, and repayments in a manner that facilitates public access to such information or records.”

    “Mandamus lies to secure the performance of a public duty in the performance in which the applicant has a sufficient legal interest.”

    “Unless the reliefs sought by SERAP are granted, the respondents will not provide SERAP with the information requested and will continue to be in breach of their constitutional responsibilities and the country’s international legal obligations and commitments.”

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

  • SERAP drags FG, NASS to African Commission over bills seeking to ‘gag’ media

    SERAP drags FG, NASS to African Commission over bills seeking to ‘gag’ media

    The Socio-Economic Rights and Accountability Project (SERAP) has asked the African Commission on Human and Peoples’ Rights in Banjul, The Gambia, to “issue provisional measures to urgently stop the Nigerian government and National Assembly from supporting and pushing through two bills to gag the media, and impose arbitrary and harsh punishment on journalists, broadcast stations, media houses and media practitioners in Nigeria.”

    In a statement on Sunday, SERAP said: “the complaint, addressed to the Chairperson of the Commission Mr Solomon Ayele Dersso, and Commissioner and Special Rapporteur on Freedom of Expression and Access to Information in Africa, Ms Jamesina Essie L. King, is brought pursuant to Articles 55 and 56 of the African Charter on Human and Peoples’ Rights and Rule 100 of the Rules of Procedure of the African Commission.”

    The complaint followed the move to push through two repressive bills to amend the National Broadcasting Act, and to amend the Nigeria Press Council Act. The bills are reportedly sponsored by Chairman, House Committee on Information, Mr Segun Odebunmi (PDP, Oyo State).

    Dated June 26, 2021, and signed by its Deputy Director Kolawole Oluwadare, SERAP said: “The push by the Nigerian government and the National Assembly to support and pass the two anti-media bills is unlawful, as passing the bills would be contrary to the country’s obligations to respect, protect, promote and fulfill the right to freedom of expression, access to information and media freedom under articles 1 and 9 of the African Charter.”

    According to the rights group, “these anti-media bills are the latest threats to freedom of expression, access to information and media freedom in the country. The bills are not in keeping with the provisions of the Declaration of Principles on Freedom of Expression in Africa, which supplements articles 1 and 9 of the African Charter.”

    SERAP said: “the Commission has the power to request Provisional Measures from the Nigerian government and National Assembly under Rule 100 of the Rules of Procedure to prevent irreparable harm and threats to human rights including freedom of expression, access to information and media freedom as urgently as the situation demands.”

    The complaint, read in part: “The bills include retrogressive provisions that threaten human rights, including freedom of expression, access to information and media freedom, and could criminalize reporting and give the government overly broad powers and oversight over journalists, broadcast stations, media houses and media practitioners.”

    “If passed into laws, the bills would be used by those in power to intimidate and harass their critics, and to stifle freedom of expression, access to information and media freedom. The bills would have a chilling effect on the media thereby inducing some measure of self-censorship.”

    “Media freedom, which is an aspect of the right to freedom of expression, is now generally recognised as an indispensable element of democracy. The mass media promotes the free flow of information, which enables citizens to participate in a meaningful and informed manner in the democratic process.”

    “The actions by the Nigerian government and National Assembly are contrary to Articles 1 and 9 of the African Charter, and have thereby violated Nigeria’s positive obligation under Article 1 to recognise the rights, duties and freedoms and to adopt legislative or other measures to give effect to them.”

    “SERAP regularly relies on the media to carry out its mandate in the promotion of transparency and accountability and respect for socio-economic rights of Nigerians.”

    “The Nigerian government and National Assembly are directly responsible for pushing the bills that would gag the media and impose harsh punishment on journalists, broadcast stations, media houses and media practitioners in the country, action in violation of the African Charter, and therefore also in violation of Article 1 of the Charter.”

    “Nigerians, broadcast stations, media houses and media practitioners in the country face a real and immediate risk of violation of their rights to freedom of expression, access to information and media freedom if the anti-media bills are not urgently withdrawn.”

    “The Nigerian government and National Assembly have failed to produce any evidence that the two bills are necessary or lawful, and in the absence of such, SERAP asks the Commission to order the immediate withdrawal of the bills by Nigerian authorities.”

    “The media also serves as a watchdog by scrutinising and criticising public officials over the way they manage public affairs and public resources. In the performance of these functions, the media’s debate on public issues should be uninhibited, robust and wide-open. Speech concerning public affairs is more than self-expression; it is the essence of self-government.”

    “A free press is the lifeblood of a healthy democracy, one in which journalists are both benefactors and beneficiaries of human rights and carrying out their professional duties to inform their communities and enable democratic participation.”

    “Individual journalists cannot do their jobs if the institution of the press is compromised or if the legal protections for that institution are subject to approvals by political authorities.”

    “The exhaustion of domestic remedies requirements set out in Article 56(5) of the African Charter has been met. There are no effective or sufficient local remedies available to the Complainant.”

    “Nigerian courts do not entertain cases on the legality of anti-media and anti-human rights bills. Also, one of the lawmakers pushing the bills Mr Odebunmi Olusegun has reportedly boasted that ‘No court will stop us from passing the bills. Requiring SERAP to exhaust domestic remedies in such circumstances would be a mockery of justice.”

    “Under the bills, the National Broadcasting Commission can shut down TV and radio stations “in the public interest” and the press code must be approved by the Minister of Information. The overly broad definition of public interest opens the door for the Nigerian government to crackdown on freedom of expression, access to information and media freedom.”

    “The bills would also allow the Nigerian government to jail journalists, fine newspapers up to N10m naira ($20,000) or close them for up to a year if they publish “fake” news. Under the bills, journalists could be held liable for the offence committed by their organisations and can be made to pay heavy fines.”

  • SERAP drags Buhari, Lai Mohammed to Abuja court

    SERAP drags Buhari, Lai Mohammed to Abuja court

    President Buhari and his information minister Lai Mohammed have been dragged to the Federal High Court in Abuja by Socio-Economic Rights and Accountability Project (SERAP).

    SERAP is praying the court to stop the two politicians from enforcing their patently unlawful directive to all TV and radio stations not to use Twitter, and to delete their accounts.

    SERAP says the directive was a pretext to harass, intimidate, suspend or impose criminal punishment on journalists and broadcast stations simply for using social media platforms.

    The suit followed the order by the National Broadcasting Commission (NBC) asking TV and radio stations to “suspend the patronage of Twitter immediately”.

    NBC also told them to delete ‘unpatriotic’ Twitter, after the social media giant was banned in the country for deleting President Muhammadu Buhari’s tweet.

    In the suit number FHC/ABJ/CS/496/2021 filed last Friday, SERAP is seeking: “an order of perpetual injunction restraining the government of President Buhari, the NBC, and Mr Lai Muhammed and any other persons from censoring, regulating, licensing and controlling the social media operations and contents by broadcast stations, and activities of social media service providers in Nigeria.”

    SERAP is also seeking “an order setting aside the directive by NBC and Mr Lai Muhammed asking broadcast stations to stop using Twitter, as it is 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 is arguing that “the government of President Buhari, the NBC and Mr Lai Muhammed have consistently made policies and given directives to crack down on media freedom, and the rights of Nigerians to freedom of expression and access to information, and to impose crippling fines and other sanctions on broadcast stations without any legal basis whatsoever.”

    “The court has 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.”

    “Where agencies of government are allowed to operate at large and at their whims and caprices in the guise of performing their statutory duties, the end result will be anarchy, licentiousness, authoritarianism and brigandage leading to the loss of the much cherished and constitutionally guaranteed freedom and liberty.”

    “By using the National Broadcasting Act and the Nigeria Broadcasting Code to stop broadcast stations from using Twitter without recourse to the court, the NBC and Mr Lai Muhammed have contravened the right to access to justice and fair hearing guaranteed under sections 6[1] & [6][b] and 36[1] of the Nigerian Constitution 1999, and articles 1 and 7 of the African Charter on Human and Peoples’ Rights.”

    The suit was filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Kehinde Oyewumi and Opeyemi Owolabi.

    SERAP and 176 Nigerians have also sued Buhari in the ECOWAS Court of Justice over the Twitter ban.