Tag: SERAP

  • Alleged missing N30trn: SERAP sues Okonjo-Iweala

    THE Minister of Finance, Dr. Ngozi Okonjo-Iweala, has been sued in court by a civil society group, Socio-Economic Rights and Accountability Project (SERAP), over her “failure to provide information about spending of the alleged missing N30 trillion.

    The money, SERAP said, “represents some accruable income to the Federal Government in the past four years.”

    The suit filed at the Federal High Court Ikoyi followed a Freedom of Information request by SERAP to Mrs. Okonjo-Iweala dated February 2, 2015.

    The originating summons with suit was filed on behalf of the organisation by SERAP Senior Staff Attorney, Olukayode Majekodunmi.

    The suit followed disclosure by the former Governor of the Central Bank of Nigeria, Prof. Chukwuma Soludo, that over N30 trillion had been missing, or stolen, or unaccounted for, or simply mismanaged under the minister’s watch.

  • SERAP petitions Fed Govt, Dabiri-Erewa  over Nigerians in Azerbaijan

    SERAP petitions Fed Govt, Dabiri-Erewa over Nigerians in Azerbaijan

    Socio-Economic Rights and Accountability Project (SERAP) has sent separate open letters to the Minister of Foreign Affairs Ambassador Aminu Wali, and the Chairperson, Diaspora Committee, House of Representatives, Abike Dabiri-Erewa, over the situation of Nigerians living in Baku, Azerbaijan.

    In the open letters dated  February 20, 2015, and signed by SERAP Executive Director Adetokunbo Mumuni, the organisation urged them to “urgently intervene in the situation of Nigerians living in Baku, Azerbaijan, who are being arbitrarily denied their right to nationality by the Embassy of Nigeria in Tehran, Iran by failing and/or refusing to issue the citizens renewal of their international passports.

    “Several Nigerians living in Baku, Azerbaijan have told SERAP that they participated in an e-passport exercise conducted by two Nigerian Immigration officers. This exercise took place between August 31, 2014 and September 1, 2014 and was witnessed by the Ambassador of Nigeria to Iran, Alhaji Tukur Mani, and an embassy officer.  Every adult participant paid $150 while every child paid $120. But the embassy has so far failed and/or refused to issue the participants any passport,” the organisation said.

    The organisation also quoted Nick Nwolisa, President of Nigerians in the Diaspora, Azerbaijan chapter as saying that: “Nigerians residing in Azerbaijan are left to their own fate. Some of the Nigerians here are on the verge of losing their jobs because without a valid passport, you can’t get a residence or working permit.

    “Most would be wandering the streets of Baku looking over their back because with an expired legal permit, you are a target of the immigration officers, who are bent on deporting Nigerians. Some would be expelled from school and can’t continue with their studies. We have been on our own here, and the situation we are in now is a matter of urgency and desperation,” Nwolisa said.

     

  • SERAP to Finance Minister: account for alleged missing N30tr

    SERAP to Finance Minister: account for alleged missing N30tr

    A civil society group, Socio-Economic Rights and Accountability Project (SERAP) has asked the Minister of Finance Dr. Ngozi Okonjo-Iweala to account for the alleged missing N30 trillion.

    In making the request, the group relied on the Freedom of Information (FoI) Act 2011.

    It followed the disclosure by the former Governor of the Central Bank of Nigeria (CBN), Prof. Chukwuma Soludo, that over N30trillion was unaccounted for.

    The group threatened to sue the minister under within two weeks of the receiving or publishing this letter.

    In the letter dated February 2, 2015 and signed by SERAP Executive Director Adetokunbo Mumuni, the group, said: “As trustee of public funds, SERAP contends that your Ministry has a legal duty to render account on the missing N30trillion to the beneficiaries (Nigerians) of the trust, if and when called upon to do so.”

    It continued: “As a key agency of government, the Ministry of Finance has a sacred duty to ensure that the country’s resources and wealth is used solely to fulfil the basic economic and social rights of all Nigerians and achieve the country’s overall socio-economic development. This implies providing strong leadership in the efforts to curb public sector corruption, and to refer to appropriate anticorruption agencies any allegations of corruption in which any agencies of government may be involved or officials of your Ministry may be complicit.’’

    The group said the stealing or mismanagement of public funds might be responsible for the economic crisis and hardships being faced by Nigerians, noting that this has led to persistent lack of enjoyment of their legally recognised economic and social rights, such as the rights to education, to adequate healthcare, to adequate food, and access to clean and potable water.

    “SERAP considers this a serious allegation that requires your immediate and urgent clarifications. If true, such allegation will clearly amount to a fundamental breach of national anti-corruption laws and the country’s international anti-corruption obligations and commitments including under the UN Convention against Corruption to which Nigeria is a state party, it added.

  • SERAP: UN to avert execution of 54 soldiers

    SERAP: UN to avert execution of 54 soldiers

    A RIGHTS group, Socio-Economic Rights and Accountability Project (SERAP), said yesterday that the Office of the United Nations (UN) Special Rapporteur on Extrajudicial, Arbitrary or Summary Executions, Mr. Christof Heyns, has concluded plans to stop execution of 54 soldiers on the death row.

    The group said  Heyns has confirmed that “appropriate action, including communication to the government of President Goodluck Jonathan, is being considered regarding the imminent execution” of the soldiers.

    This followed a petition submitted to Heyns by SERAP in December last year, in which the group asked five UN human rights independent experts to individually and jointly use their “good offices and positions to request the Nigerian government and its military authorities not to carry out the mass death sentences”.

    SERAP Executive Director Adetokunbo Mumuni, who revealed the new development in a statement yesterday, added: “SERAP has been in discussion with Johel Dominique at the Office of the Special Rapporteur on extrajudicial, arbitrary or summary executions both on the telephone and via email.

    “Johel Dominique has confirmed that the special rapporteur is considering appropriate action to avert the imminent execution of 54 soldiers on death row in the country.

    “We have also confirmed to the special rapporteur that SERAP has the consent of Mr. Femi Falana, SAN, the legal counsel to the 54 soldiers, to file the petition.

  • SERAP asks UN rights experts to halt 54 soldiers’ execution

    Five United Nations (UN) human rights independent experts have been urged to request the Federal Government and the military authorities not to execute 54 soldiers sentenced to death by a court martial.

    Socio-Economic Rights and Accountability Project (SERAP) made the plea in a petition dated December 23, 2014 by its Executive Director Adetokunbo Mumuni.

    On Wednesday, December 17, 2014, the Nigerian Army’s 7 Division General Court Martial convicted the 54 soldiers for conspiracy to commit mutiny and sentenced them to death by firing squad.

    The five UN experts, who are also special rapporteurs, are: Christof Heyns, special rapporteur on extrajudicial, summary or arbitrary executions; Juan Méndez, special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; and Pablo de Greiff, special rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.

    Others are: Mads Andenas, chair-Rapporteur of the Working Group on Arbitrary Detention; and Ben Emmerson, special rapporteur on the promotion and protection of human rights while countering terrorism.

    The organisation said: “You have consistently and jointly taken similar actions in the past, including with respect to Egypt, and we respectfully urge you to follow this path in the instance case to continue your record of working to end the death penalty in all countries.

    “It is not right or fair to try everyone in mass proceedings, and that such unfair trial should not send someone to the gallows. Imposition of mass death sentences is in breach of the International Covenant on Civil and Political Rights, to which Nigeria is a party. This covenant limits the circumstances in which a state can impose the death sentence.”

    The petition, which was copied to UN High Commissioner for Human Rights Mr. Zeid Ra’ad Al Hussein, also stated: “Under international law, cases involving capital punishment such as the present one require the full and scrupulous respect of the guarantees of highest standards of fairness, due process and justice.

    “All human rights depend for their enjoyment the right to life, which is the most fundamental of all rights.  The right to life symbolises everything that the United Nations (UN) works and stands for, be it in the area of peace and security, development or human rights.  To reject the act of irreversibly taking someone’s life is to embrace belief in human progress and dignity.”

     

  • PDP, APC given 14 days to  disclose spending on elections

    PDP, APC given 14 days to disclose spending on elections

    A civil society group, Socio-Economic Rights and Accountability Project (SERAP), has sent two Freedom of Information (FOI) requests to the Peoples Democratic Party (PDP) and the All Progressives Congress (APC), asking them to “provide information on the spending (and the sources) on the campaigns and other operations linked to the February general elections.”

    “If the information is not provided to us within 14 days of the receipt and/or publication of these letters, the trustees of SERAP shall take legal actions under the FOI Act to compel you and your party to comply with our request,” the group said.

    In the letters dated November 18 and addressed to the PDP National Chairman Alhaji Ahmadu Adamu Mu’azu and APC National Chairman Chief John Odigie-Oyegun, the group expressed “concern about the risks of corruption during campaigns for the February elections, especially the role of money in politics and the failure to comply with national and international laws on party finance.”

    The letters, signed by SERAP Executive Director Adetokunbo Mumuni said: “Nigerians have a right to know about spending by their parties, especially major parties like your party with a possibility to assume government in future. People should be able to examine the financial transactions of parties and be certain that politicians are working for their voters, not their benefactors.”

     

  • SERAP charges APC, PDP to disclose spending

    SERAP charges APC, PDP to disclose spending

    The Socio-Economic Rights and Accountability Project (SERAP), has requested the ruling People’s Democratic Party (PDP) as well as All Progressive Congress (APC), to formally release costs of spending incurred in their efforts geared towards the 2015 General election.

    Adetokunbo Mumuni, Executive Director of SERAP, in two separate letters dated 18 November, 2014, and addressed to Alhaji Ahmadu Adamu Mu’azu, PDP National Chairman and Chief John Odigie-Oyegun, the APC National Chairman, requested the parties to publicly present information about the spending on the electoral campaigns and other operations in line with the February 2015 elections.

    The Civil society group, SERAP hinged its request letter on Section 1 of the Freedom of Information Act (FOI) of 2011, when it said: “Under the FOI Act, your party is under a binding legal obligation to provide the applicant with the information requested for, except as otherwise provided by the Act, within 7 days after the application is received.”

    Similarly, SERAP maintained that “If the requested information is not provided to us within 14 days of the receipt and/or publication of this letter, the Registered Trustees of SERAP shall take all appropriate legal actions under the Freedom of Information Act to compel you and your party to comply with our request,”.

    Embittered about the risks and increase in corrupt practices around the country during electoral campaigns for the general elections, the group expressed dedicated worries, especially the role of money in politics and the persistent failure generally to comply with national and international law on political party finance.

    In addition, the Executive Director further stressed that Nigerians have the right to know about spending by political parties especially the major parties “like your party with a strong possibility to assume government in the future. Citizens should be able to examine financial transactions of parties and be certain that politicians are working for their voters, not their benefactors.”

    However, SERAP noted that the parties cannot claim a strange position from the FOI Act, saying “to do so will seriously undermine citizens’ trust in their political parties and lack of trust will inevitably destroy confidence in the system and decrease citizens’ interest and participation in democratic processes.”

    The letter signed by the Executive Director, reads: “We believe that without free and fair elections there can be no democracy. However, elections are only one part of the democratic process, and a fair and effective electoral system must be founded in an adequate democratic infrastructure and responsibility of political leaders.

    “Therefore, releasing the information will help to address the perception among the citizens that the major political parties in the countries are less transparent and accountable. The lack of transparency and accountability in political finance is seriously undermining the legitimacy and credibility of the democratic and electoral processes, and invariably contributing to denying the citizens the right to effective participation in their own government.

    “Transparency, accountability, integrity and independence of political parties is also important to achieve greater transparency in public life, to curb the influence of money in politics, to promote a level playing field, and to remove the risks to the independence of political actors and would-be public office holders and the risks of conflicts of interest, including undue influence and corruption in the funding of political parties.”

    SERAP urged the parties to disclose information on the party’s comprehensively documented budget, covering the incomes and expenditures, with proper identification of its sources including those derived from federal, state and other institutions for the campaigns and other operations related to the February 2015 general elections.

    Quoting Sections 2, 3(d, V) and 4 of the FOI Act, civil group said: “there is a binding legal duty to ensure that documents containing the necessary information are widely disseminated and made readily available to members of the public through various means. The information being requested does not come within the purview of the types of information exempted from disclosure by the provisions of the FOI Act.”

    Consequently, the group opined that treading the path of transparency during campaigns could further promote informed voting by citizens who would have the needed information to make informed choices.

     

  • Activists ask Emefiele to provide information on ‘money laundering’

    Activists ask Emefiele to provide information on ‘money laundering’

    The Socio-Economic Rights and Accountability Project (SERAP) has asked Central Bank of Nigeria (CBN) Governor Mr. Godwin Emefiele to “provide information about the persons involved in alleged money laundering through the bank to fund the activities of the Boko Haram.

    It also asked him to provide “within 14 days of the receipt and/or publication of this letter, information on the nature and duration of any such transaction.”

    The organisation threatened “appropriate legal actions under the Freedom of Information Act to compel you to comply with our request.”

    In the letter dated September 15 and signed by the Executive Director, Adetokunbo Mumuni, SERAP said: “Given the involvement of the CBN in this matter and the fact that you are the governor of the bank, we believe you will use your position to provide information on what happened.

    “SERAP is concerned about the damaging allegation, especially given that the CBN as a regulatory body has a responsibility under the UN Convention against corruption and other national laws to prevent money laundering in banks and ensure that its systems are transparent and accountable to the people.”

    The body added: “It is necessary to provide clarity as to what happened through the CBN if the bank is to play a leadership role in the fight against corruption and money laundering and enjoy public trust and confidence essential for its effectiveness.

    “Providing the information will also help ensure accountability for those involved in international crimes and contribute to providing effective remedies for victims.”

    According to the organisation, “by virtue of Section 1 (1) of the Freedom of Information (FOI) Act 2011, SERAP is entitled as of right to request for or gain access to information, including information on any transaction or money laundering that may have been carried out through the CBN, and the information is in the custody or possession of any public official, agency or institution.”

    SERAP noted: “By virtue of Section 4 (a) of the FOI Act, when a person requests for information from a public official, institution or agency, the official, institution or agency to whom the application is directed is under a binding legal obligation to provide the applicant with the information, except as otherwise provided by the Act, within seven days after the application is received. According to sections 2(3)(d)(V) & (4) of the FOI Act, there is a binding legal duty to ensure that the documents containing information relating to alleged money laundering through the CBN are disseminated and made available to the public through various means.”

    The body said: “The information being requested does not come within the purview of the types of information exempted from disclosure by the provisions of the FOI Act. The information requested for, besides being exempted from disclosure under the FOI Act, bothers on an issue of national interest, public peace and concern, interest of human rights, social justice, good governance, transparency and accountability.

    “The disclosure of the information requested will give SERAP and the public a true picture and a clear understanding of the extent of the involvement of the CBN in any money laundering to Boko Haram.”

    A Perth-based international adviser to Nigeria, Dr. Stephen Davis, who for four months was involved in negotiations on behalf of the Federal Government with commanders of Boko Haram for the release of over 200 schoolgirls kidnapped by the sect in April, has named a former top official of the CBN among those, who have provided funds and other logistics to Boko Haram to commit crimes under international law.

    Nobel laureate Wole Soyinka has said information about a suspected financier of Boko Haram from the CBN was passed to President Goodluck Jonathan.

     

  • SERAP drags Coca-Cola, NBC to UN over harmful drinks, abuse of right to health

    Socio-Economic Rights and Accountability Project (SERAP) has dragged Coca-Cola Limited and the Nigerian Bottling Company Limited to the United Nations’ (UN) Committee on Economic, Social and Cultural Rights over what it described as “serious breaches of corporate responsibility to respect the right to health of Nigerians and the failure to provide effective remedies to victims.”

    The organisation said: “This failure of due diligence has implications for the enjoyment of the economic and social rights guaranteed under the International Covenant on Economic, Social and Cultural Rights.”

    The group petitioned the UN following the disclosure by the Nigerian Consumer Protection Council (NCPC) of cases of harmful drinks including two half-empty cans of Sprite, a product manufactured by the NBC under the licence and authority of Coca-Cola Limited, and rusty bottle crown corks, cans and foreign particles in products.

    The NCPC also said  the companies have failed to put in place a shelf life policy for their products to facilitate the removal of expired products from the market.

    According to SERAP, “both Coca-Cola and NBC have failed and or neglected to subject their manufacturing process to inspection by appropriate authorities, contrary to national laws and international standards, in particular, the Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework. The principles were endorsed by the UN Human Rights’ Council in June 2011.”

    The organisation also argued that: “Coca-Cola and NBC are required to ensure that their activities do not directly or indirectly cause human rights abuses, and to provide effective remedies to victims in cases of abuses of human rights. They must seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts.”

    “The human rights abuses by Coca-Cola and NBC illustrate the lack of explicit human rights policies by several companies operating in Nigeria and which have continued to contribute to the violations and abuses of the economic and social rights of millions of Nigerians. Even companies with human rights policies have failed and or neglected to effectively implement these policies for the sake of profit,” the organisation added.

    SERAP said: “We believe that human rights abuses by Coca-Cola and NBC cannot be justified in the light of the letter and spirit of the International Covenant on Economic, Social and Cultural Rights and the UN Guiding Principles as well as the Committee’s own jurisprudence.”

    It, therefore, requested the committee, “being the principal body established to monitor compliance with the Covenant”, to act urgently not only to ensure that corporate bodies like Coca-Cola and NBC are not directly or indirectly abusing the economic and social rights of Nigerians under the Covenant and the Guiding Principles, but also protect the sanctity, credibility, efficacy and authority of the Covenant and the Guiding Principles and the Committee’s role in ensuring that corporate practices do not directly or indirectly lead to abuses of human rights.”

    “The Committee should work with the Working Group on the issues of human rights and transnational corporations and other business enterprises to put pressure on Coca-Cola and NBC to respect their social responsibility to promote human rights and afford remedies to the victims involved in this case,” SERAP said.

    The communication Manager, Coca Cola/Nigerian Bottling Company, Mrs. Oluyomi Onakoya declined comment on SERAP’s petition to the UN.

    “As you will appreciate, this matter is currently under judicial review. As such, it would be inappropriate for us to comment at this time. We have been operating in Nigeria since 1951 and at all times have conducted our business in compliance with the country’s laws and regulatory requirements concerning our industry.

    “Throughout the past 63 years we have applied processes and procedures to institute high quality standards in production and achieve international values for all aspects of operations including those involving human rights, community support and environmental protection.

    “Our commitments and our application of our Mission and Values and the monitoring of our progress in these regards, can be found on our website,” she said.

     

  • SERAP: Suspension a distraction from probing $20 billion oil money

    Controversy continue to trail the suspension of the Governor of Central Bank of Nigeria(CBN), Mallam Sanusi Lamido Sanusi as the Socio-Economic Rights and Accountability Project (SERAP) has described the action of President Goodluck Jonathan as “a distraction” from the missing $20million oil money.”

    The Executive Director of SERAP, Mr. Adetokunbo Mumuni said in a statement issued in Lagos yesterday that the suspension of the CBN Governor “can only contribute to shifting the focus of the government from the real issue, which is finding the missing $20 billion oil money.”

    “The government should not politicise the fight against corruption. Our concern remains the urgent, thorough, transparent and effective investigation into allegations that $20 billion oil money is missing from the account of the Nigerian National Petroleum Corporation (NNPC).”

    “If it is true that the suspension is linked with Sanusi’s public disclosure of the missing funds, SERAP believes that this will be clearly wrong and contrary to the government’s obligations under the UN Convention against corruption to target a whistle-blower simply for putting the information in the public domain. No one should be victimized for contributing to the fight against corruption, which is the moral and legal responsibility of any serious, open and people-oriented government.

    “Unless the government comes clean about what exactly has happened to the $20 billion missing oil money, the NNPC will remain unaccountable to Nigerians for its action. This will not be consistent with the attitude of a government establishment funded with tax payers’ money. The government’s action in finding the missing money and punishing suspected perpetrators is critical if it is to enjoy the trust and confidence of Nigerians in the fight against corruption”, Mumuni added.