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Tag: SERAP

  • Court rejects SERAP’s suit over 2022 Kaduna train attack

    Court rejects SERAP’s suit over 2022 Kaduna train attack

    The Community Court of the Economic Community of West African States (ECOWAS) has rejected a suit brought against Nigeria by the Socio-Economic Rights and Accountability Project (SERAP).

    The court held that it lacks jurisdiction over the case because it lacked the relevant ingredients to qualify as a case that it could entertain as a public interest litigation.

    SERAP filed the case after the terrorist attack on an Abuja/Kaduna passenger train on March 28, 2022.

    In the attack, armed assailants bombed the train carrying over 970 passengers along the Abuja-Kaduna rail line near Rigasa, in Kaduna.

    The attack led to numerous fatalities, injuries, and abductions.

    SERAP, by its case, sought to hold the government of Nigeria accountable for alleged human rights violations in relation to the terrorist attack, claiming among others, that it was due to the state’s inability to provide adequate security.

    SERAP argued that Nigeria’s alleged lack of adequate preventive measures violated the rights of passengers to life, security, and dignity.

    It prayed for N50million compensation for each passenger and victim’s family.

    The court, in a judgment on November 13, declared the suit inadmissible due to lack of victim status required for public interest litigation.

    According to a statement by the court, the judgment was delivered by Justice Dupe Atoki.

    It added that “the court recognised its jurisdiction to hear the case as it involved potential human rights violations within a member state, in accordance with Article 9(4) of the ECOWAS Supplementary Protocol.

    “However, the court found the claim inadmissible on grounds that it failed to meet the victim status requirement essential for litigation under Article 10(d) of the same Protocol.

    “In its findings, the court said that SERAP claimed to be acting in public interest, citing previous incidents of terrorism in the region, including attacks on educational institutions and transportation services.

    Read Also: Legal fireworks as Yoruba nation agitators challenge jurisdiction of court

    “However, the court determined that the case did not meet the criteria for a public interest action, or actio popularis, which requires that the alleged violations affect a large, indeterminate segment of the public or the general public itself.

    “The Court highlighted that: The victims of the March 28 attack were identifiable individuals rather than an indeterminate public group, making the claim unsuitable as a public interest litigation.

    “The reliefs sought, including specific monetary compensation, were directed at the identifiable victims of the attack rather than the public at large.

    “Members of the three-member panel of the court were Honourable Justice Ricardo Cláudio Monteiro Gonçalves(presiding judge), Honorable Justice Sengu Mohamed Koroma (panel member), and Honorable Justice Dupe Atoki (judge rapporteur).”

  • ‘Stop governors from giving cars, houses to judges’

    ‘Stop governors from giving cars, houses to judges’

    Socio-Economic Rights and Accountability Project (SERAP) has pleaded with President Bola Ahmed Tinubu to stop Federal Capital Territory (FCT) Minister Nyesom Wike and the 36 governors from giving cars and houses to judges.

    In a statement yesterday by its Deputy Director Kolawole Oluwadare said Wike and the governors usurped the authority and responsibilities of the National Judicial Council (NJC) and heads of courts by giving cars and houses to judges.

    Read Also: A government counsel and freed minors

    It said: “Such practices are clearly antithetical to the constitutional principles of separation of powers, checks and balances and the rule of law, and may create the perception that the judiciary is subservient to the executive.”

  • DSS slams N5.5b suit against SERAP over alleged false claims

    DSS slams N5.5b suit against SERAP over alleged false claims

    The Department of State Services (DSS) has instituted a N5.5billion defamation suit against a group, the Socio-Economic Rights and Accountability Project (SERAP) for allegedly making false claims that officials of the agency invaded its (SERAP’s) Abuja office.

    In the suit, filed in the names of two of its officials – Sarah John and Gabriel Ogundele – the DSS stated among others, that the alleged false claim by SERAP has negatively impacted on its reputation and that of the two officials involved.

    The suit, filed on October 17 by DSS’ team of lawyers, led by Akinlolu Kehinde (SAN), before the High Court of the Federal Capital Territory (FCT), marked: CV/4547/2024, has SERAP and its Deputy Director, Kolawole Oluwadare listed as defendants.

    The claimants stated, in their statement of claim, that, in line with its practice of engaging with officials of non -governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite its new leadership for a familiarisation meeting.

    Read Also: Outrage over death of resident chased into canal by Lagos Police

    They added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.

    The claimants, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.

    They said it was surprising that shortly after their visit, SERAP posted on its X (Twitter) handle: @SERAPNigeria, claiming that officers of the DSS are presently unlawfully occupying its office.

    The claimant added that “on the same day, the defendants also published a statement on SERAP’s  website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, “described as ‘a tall, large, dark-skinned woman’ and ‘a slim, dark skinned man,’ invaded their Abuja office and interrogated the staff of the first defendant.

    “In their statement, the defendants also urged the President of the Federal Republic of Nigeria, Bola Ahmed Tinubu, to immediately direct the DSS to end its intimidation, harassment and attack against the first defendant and the threat of arrest against its directors.

    “Due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN).

    “Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”

    They added that the defendants’ statements caused harm to the claimants’ reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.

    The claimants also stated that the defendants’ statements caused harm to the claimants’ reputation because staff of the DSS have formed the opinion that the ridicule and criticisms received by the DSS are a result of the claimants actions.

    They added that as a result of the defendants’ false statements, the claimants are the subject of an ongoing investigation by the DSS; they have been made to make statements, subjected to interrogations, faced a disciplinary panel and now suspended from the DSS pending the outcome of the ongoing investigation.

    The claimants are therefore praying the court for the following reliefs:

    *An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.

    *An order directing the defendants to pay the claimants the sum of N5billion as damages for the libelous statements published about the claimants.

    *Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.

    *AN order directing the defendants to pay the claimants the sum of N50million as costs of this action.

    The case now assigned to Justice Yusuf Halilu of Court 13 of the High Court of the FCT, is yet to be scheduled for hearing.

  • DSS slams N5.5b suit against SERAP over alleged false claims 

    DSS slams N5.5b suit against SERAP over alleged false claims 

    The Department of State Services (DSS) has instituted a N5.5billion defamation suit against a group, the Socio-Economic Rights and Accountability Project (SERAP) for allegedly making false claim that officials of the agency invaded its (SERAP’s) Abuja office.

    In the suit, filed in the names of two of its officials – Sarah John and Gabriel Ogundele – the DSS stated among others, that the alleged false claim by SERAP has negatively impacted on its reputation and that of the two officials involved.

    The suit, filed on October 17 

    by DSS’  team of lawyers, led by Akinlolu Kehinde (SAN), before the HIgh Court of the Federal Capital Territory (FCT), marked: CV/4547/2024, has SERAP and its Deputy Director, Kolawole Oluwadare listed as defendants.

    The claimants stated, in their statement of claim, that, in line with its practice of engaging with officials of non governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite its new leadership for a familiarisation meeting.

    They added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s  management staff was in the country and advised that a formal letter of invitation be written by the DSS.

    The claimants, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to informed her organisation’s management about the visit and volunteered a phone number – 08160537202.

    They said it was surprising that shortly after their visit, SERAP posted on its X (Twitter) handle: @SERAPNigeria, claiming that officers of the DSS are presently unlawfully occupying it’s office.

    The claimant added that “on the same day, the defendants also published a statement on SERAP’s  website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, “described as ‘a fall, large, dark-skinned woman’ and ‘a slim, dark skinned man,’ invaded their Abuja office and interrogated the staff of the first defendant. 

    “In their statement, the defendants also urged the President of the Federal Republic of Nigeria, Bola Ahmed Tinubu, to immediately direct the DSS to end its intimidation, harassment and attack against the first defendant and the threat of arrest against its directors. 

    “Due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN).

    “Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”

    They added that the defendants’ statements caused harm to the claimants’ reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, 

    incompetent and unprofessional. 

    The claimants also stated that the defendants’ statements caused harm to the claimants’ reputation because staff of the DSS have formed the opinion that 

    the ridicule and criticisms received by the DSS are a result of the claimants actions. 

    They added that as a result of the defendants’ false statements, the claimants are the subject of an ongoing investigation by the DSS; they have been made to make statements, subjected to interrogations, faced a disciplinary panel and now suspended from the DSS pending the outcome of the ongoing investigation. 

    Read Also: DSS blocked visitors access to Kanu, lawyers allege

    The claimants are therefore praying the court for the following reliefs:

    *An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff. 

    *An order directing the defendants to pay the claimants the sum of N5billion as damages for the libellous statements published about the claimants. 

    *Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated. 

    *AN order directing the defendants to pay the claimants the sum of N50million as costs of this action. 

    The case now assigned to Justice Yusuf Halilu of Court 13 of the High Court of the FCT, is yet to be scheduled for hearing.

  • Reverse latest petrol price hike, SERAP tells Fed Govt 

    Reverse latest petrol price hike, SERAP tells Fed Govt 

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu “to direct the Nigerian National Petroleum Company Limited (NNPCL) to immediately reverse the second increase in petrol prices in one month, pending the hearing and determination of the suit before the Federal High Court, Abuja.

    SERAP is challenging the legality of the powers of the NNPCL to increase petrol prices.

    SERAP had last month filed the suit against the President and NNPCL over theur failure to reverse what it  described as unlawful increase in the pump price of petrol and to probe the allegations of corruption and mismanagement in the NNPCL.

    SERAP said it shall consider contempt proceedings and/or other appropriate legal actions to compel your government and NNPCL to comply with our request in the public interest if the new pump price is not reversed.

    In the open letter dated  October 12, 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The latest increase in petrol prices makes a mockery of the case pending before the Federal High Court, and creates a risk that the course of justice will be seriously impeded or prejudiced in this case.”

    SERAP said: “One of the fundamental principles of the rule of law is that it applies to everyone, including presidents and CEOs of public institutions.”

    Read Also: SERAP reacts as DSS threatens to sue media over ‘invasion’ reports

    The organisation said it is in the public interest to keep the streams of justice clear and pure, and to maintain the authority and integrity of the court in the case.

    SERAP also said allowing the Federal High Court to hear and determine the case already before the court would be entirely consistent with the letter and spirit of the Nigerian Constitution 1999 [as amended], your oath of office and oft-repeated promises to uphold the rule of law.

    The letter, read in part: “SERAP notes that since assumption of office in May 2023 you have repeatedly promised, including in your inaugural speech, that ‘Nigeria will be impartially governed according to the Constitution and the rule of law.’

    “Increasing petrol prices while the Federal High Court case is pending would prejudice and undermine the ability of the court to do justice in the case, damage public confidence in the court, prejudice the outcome of the case, as well as impede the course of justice.

    “If not immediately reversed, the latest increase in petrol prices would seriously undermine the integrity of the Nigerian Constitution and have serious consequences for the most vulnerable and disadvantaged Nigerians and the public interest.

    “Protecting the right to a judicial recourse and due administration of justice is of utmost importance, being the cornerstone of an ordered society.”

    SERAP argued that the only way it can have a fair and effective access to justice in this matter is to allow the court to decide, one way or the other, on the merits of the case before it.

    The organisation contended that reversing the latest increase in petrol prices would allow the court to render a decision on the central issues in the case, and protect the applicant’s rights and interests.

    “The latest increase in petrol prices while the Federal High Court case is pending constitutes an interference with the right of SERAP to fairly and effectively pursue a judicial challenge to the decision by your government and NNPCL regarding the first increase in petrol prices.

    “According to our information, the Nigerian National Petroleum Company (NNPC) Limited recently increased the price of premium motor spirit (PMS), also known as petrol, across its retail outlets.

    “The retail price of petrol was increased from N897 to N1,030 per litre. This is the second increase in one month, and followed the increase in September from N600 to N855 per litre, and in some instances above N900 per litre.

    “The two increases followed a scarcity caused by the reported refusal by suppliers to import petroleum products for the NNPCL over a $6 billion debt.

    “According to the recently published 2020 audited report by the Auditor General of the Federation (AGF), the Nigerian National Petroleum Corporation (NNPC) failed to remit over USD$2 billion and N164 billion of oil revenues into the Federation Account. The Auditor-General fears that the money may have been diverted into private pockets.

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

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

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

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

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

    It would be recalled that SERAP last month filed a lawsuit asking your government and NNPCL challenging the lawfulness of the increase in the pump price of petrol, and the failure to probe the allegations of corruption and mismanagement in the NNPCL.

    Joined in the suit as respondents is the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, (SAN). The suit number FHC/ABJ/CS/1361/2024 was filed at the Federal High Court, Abuja.

    “Increasing petrol prices would compromise the interest of the Applicant in the Federal High Court case filed against your government and the NNPCL, as the second increase in one month directly touches on the central issues and the legality of the first increase, which the court is set to determine and rule upon.”

    “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 organisation stated.

  • SERAP reacts as DSS threatens to sue media over ‘invasion’ reports

    SERAP reacts as DSS threatens to sue media over ‘invasion’ reports

    …our statement was distorted, says NGO

    The Department of State Services (DSS) has announced plans to take legal action against several media houses for publishing reports on September 9, claiming its operatives “raided” the Abuja office of the Socio-Economic Rights and Accountability Project (SERAP).

    This move follows SERAP’s refusal to accept responsibility for the reports, which suggested a DSS raid on its premises. 

    The DSS has demanded that SERAP retract what it termed a “false statement” within seven days, requiring the retraction to be made through the same media platforms, as well as in at least two national newspapers, to repair the damage to the agency’s reputation.

    In a letter addressed to SERAP, the DSS reaffirmed its commitment to professionalism under its new leadership and warned that it would explore all legal avenues to address what it described as “unprofessional reporting” regarding its actions.

    In response, SERAP denied being the source of the narrative and suggested that the DSS direct its retraction demands and requests for apologies to the media outlets responsible for publishing the story. 

    The NGO argued that it could not be held accountable for the editorial decisions made by media organizations in response to its press release.

    “The descriptions attributed to the incident by other media houses cannot be traced back to SERAP,” the organization stated in a letter dated September 23, 2024, signed by its counsel, Tayo Oyetibo, SAN.

    SERAP’s response came after a letter from the DSS’s counsel, Dr. Alex Iziyon, SAN, dated September 17, 2024. In the letter, the DSS expressed displeasure over a September 9 statement by SERAP, which allegedly gave the impression that DSS operatives had conducted a raid on its Abuja office. 

    The DSS accused SERAP of misrepresenting the facts of the visit, arguing that the NGO had created a misleading narrative.

    SERAP, however, maintained that its previous criticisms of the federal government’s decision to hike petrol prices gave them reasonable grounds to suspect that the DSS visit was intended as a raid.

    Read Also: SERAP seeks probe of Borno ecological funds

    “It seemed likely that the government’s response to our criticism was to send the State Security Service, or DSS, to visit our Abuja office… accompanied by a tall, dark-skinned woman and a slim, dark-skinned man,” SERAP stated.

    On September 9, several newspapers and television stations reported that DSS operatives had raided SERAP’s office, drawing reactions from other civil society organizations. Some NGOs raised concerns about the accuracy of the reports, noting that the Freedom of Information Act and constitutional rights to freedom of speech should guarantee access to factual information.

    A coordinator of one such NGO, who requested anonymity, remarked, “Some of us are uncomfortable with how the media portrayed the DSS encounter with SERAP. It seems certain media outlets were misled into reporting unverified information. However, it’s positive that the DSS is pursuing legal remedies, which shows a commitment to civility and respect for the rule of law.”

  • SERAP seeks probe of Borno ecological funds

    SERAP seeks probe of Borno ecological funds

    The Socio-Economic Rights and Accountability Project (SERAP) has called for thorough probe into Ecological Funds Mismanagement in Borno State. It urged President Bola Tinubu to launch an investigation into the utilization of Ecological Funds collected by the state government since 2001.

    In an open letter signed by its Deputy Director Kolawole Oluwadare, it highlighted concerns over the management of the funds, particularly the N816 million collected from January to June 2024.

    SERAP appealed to the Attorney-General of the Federation, Lateef Fagbemi (SAN), and relevant anti-corruption agencies to scrutinize the expenditures of the Fund.

    It also requested that the President ensure access to justice for victims affected by flooding in the state.

    The group emphasized the importance of tracking and monitoring the spending of Ecological Funds not just in Borno but also across the country, including the Federal Capital Territory and local government areas. SERAP said any suspected corruption or mismanagement should lead to prosecution and the recovery of misappropriated funds.

    Addressing the issue of flooding, SERAP reminded the government of its obligation to prevent and mitigate the impact of ecological disasters. The organization noted that while governors enjoy immunity from prosecution during their tenure, this does not extend to investigations once they leave office.

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    Recent floods in Borno have reportedly killed over 30 people and displaced about one million residents, many of whom lack food and clean water. SERAP reiterated the necessity for the government to provide adequate support to those affected and to investigate the alleged mismanagement of funds that were intended to address such crises.

    The letter stresses the need for accountability in the use of Ecological Funds, highlighting that past audits revealed significant mismanagement and diversion of resources. SERAP underscored the constitutional and legal obligations of the government to protect the rights of citizens, particularly in the face of natural disasters exacerbated by corruption.

    SERAP concluded by urging the government to take prompt action, warning that if their demands are not addressed within seven days, they would consider legal measures to ensure compliance.

  • SERAP sues Fed Govt over petrol price hike

    SERAP sues Fed Govt over petrol price hike

    • ….asks for probe of NNPCL

    Socio-Economic Rights and Accountability Project (SERAP) has sued the federal government over failure to direct the Nigerian National Petroleum Company Limited (NNPCL) to reverse what it termed unlawful increase in the pump price of petrol.

    The suit was also filed over government failure to probe the allegations of corruption and mismanagement in the NNPCL.

    Joined in the suit as respondents are the Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi (SAN) and the NNPCL.

    In the suit number FHC/ABJ/CS/1361/2024 filed last Friday at the Federal High Court, Abuja, SERAP is asking the court “to compel President Bola Ahmed Tinubu to direct the NNPCL to reverse the unjust, illegal, unconstitutional and unreasonable increase in the price of petrol from N845 per litre to N600 per litre.”

    SERAP is also asking the court to compel President Tinubu to direct the AGF and appropriate anti-corruption agencies to probe the allegations of corruption and mismanagement in the NNPC, including the spending of the reported $300 million ‘bailout funds’ collected from the federal government in August 2024, and the $6 billion debt it owes suppliers, despite allegedly failing to remit oil revenues to the treasury.

    Read Also: DSS denies raiding SERAP offices in Abuja, Lagos

    SERAP is asking the court to compel President Tinubu to direct the AGFand appropriate anticorruption agencies to prosecute anyone suspected to be responsible for the alleged corruption and mismanagement in the NNPCL, if there is sufficient admissible evidence, and to recover any proceeds of corruption.

    In the suit, SERAP is arguing that: “The increase in petrol price is causing immense hardship to those less well-off. As the economic situation in Nigeria deteriorates, the increase is pushing people further into poverty.

     “Holding the NNPC to account for alleged corruption and mismanagement in the oil sector would serve legitimate public interests.”

    The suit filed on behalf of SERAP by its lawyer Ebun-Olu Adegboruwa (SAN) read in part: “The increase in petrol price constitutes a fundamental breach of constitutional guarantees and the country’s international human rights obligations.

    “Corruption in the oil sector and the lack of transparency and accountability in the use of public funds to support the operations of the NNPC have resulted in persistent and unlawful hike in petrol prices.

    “Increasing petrol prices at a time when millions of Nigerians continue to face worsening economic conditions is entirely inconsistent with constitutional and international obligations to ensure the minimum living conditions compatible with human dignity.

    “The arbitrary increase has placed a disproportionate burden on the marginalized and most vulnerable sectors of society, particularly those disadvantaged by poverty.

    “The increase is seriously jeopardizing their living conditions, as well as individuals’ physical, emotional, and individual development, and intensifying and worsening socioeconomic conditions in the country.

    “The increase constitutes a serious human rights problem because of the intensity with which it undermines the enjoyment and exercise by Nigerians of their human rights and renders their civic participation illusory.

    “The fundamental right to life includes not only the right of every Nigerian not to be deprived of his/her life arbitrarily, but also the right that he/she will not be prevented from having access to the conditions that guarantee a dignified existence.

    “The growing poverty and inequality in the country has continued to adversely affect the right of Nigerians to participatory democracy, and impede their ability to participate in their own government.”

    The organisation contended that Nigerians have for far too long been denied justice and the opportunity to get to the bottom of why they continue to pay the price for corruption in the oil sector. 

    The increase in petrol price has rendered already impoverished citizens incapable of satisfying their minimum needs for survival.

    “The increase is not inevitable, as it stems from the persistent failure of successive governments to address the allegations of corruption and mismanagement in the oil sector and the impunity of suspected perpetrators.

    “Persistent increase in petrol prices keep people in poverty which in turn perpetuates discriminatory attitudes and practices against them.

    “The government has a legal obligation to mobilize the maximum of the country’s available resources to ensure people’s socio-economic rights and to protect the most vulnerable and disadvantaged Nigerians.

    “The government also has the legal obligations to probe and prosecute allegations of corruption and mismanagement in the NNPC, and to ensure access to justice and effective remedies for victims of corruption.”

    SERAP argued that investigating and prosecuting the allegations of corruption and mismanagement in the oil sector would be entirely consistent with the Nigerian Constitution 1999 [as amended], and the country’s international anti-corruption obligations.

    According to the organisation, Section 13 of the Nigerian Constitution imposes clear responsibility on the government to conform to, observe and apply the provisions of Chapter 2 of the constitution. Section 15(5) imposes the responsibility on the government to ‘abolish all corrupt practices’ including in the NNPC.

    “Under Section 16(1) of the Constitution, the government has a responsibility to ‘secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.

    “Section 16(2) further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.

    “According to our information, the Nigerian National Petroleum Company (NNPC) Limited recently increased the price of premium motor spirit (PMS), also known as petrol, across its retail outlets.

    “The price of the product increased to N855 per litre, from about N600, and in some instances above N900 per litre. The apparently unlawful increase in petrol price followed a scarcity caused by the reported refusal by suppliers to import petroleum products for the NNPCL over a $6 billion debt.

    “The NNPC allegedly failed to remit USD$2.04 billion and N164 billion of oil revenues into the public treasury, as documented in the recently published 2020 annual report by the Auditor-General of the Federation.”, the organisation said .

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

  • N21m jumbo pay: SERAP sues Akpabio, Abbas over running costs

    N21m jumbo pay: SERAP sues Akpabio, Abbas over running costs

    The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against Senate President Godswill Akpabio and house of Representatives Speaker Tajudeen Abbas over their failure to end what it called an unlawful practice by the National Assembly of fixing its allowances and running costs.

    The organisation also accused the National Assembly of failing to account for the monthly running costs paid to its members.

    Akpabio and Abbas were sued for themselves and on behalf of all members of the National Assembly in the suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Andrew Nwankwo, and Ms. Blessing Ogwuche.

    Former President Olusegun Obasanjo recently alleged that the lawmakers fixed their salaries and allowances, contrary to the recommendation of the Revenue Mobilisation Fiscal Allocation Commission (RMAFC).

    In the suit it filed last Friday at the Federal High Court in Abuja, SERAP is seeking, among others, an order of mandamus to direct and compel Akpabio and Abbas to end what it called the apparently unlawful practice of the National Assembly fixing its remuneration and allowances called ‘running cost’.

    The organisation is seeking an order of mandamus to direct and compel Akpabio and Abbas to disclose the exact amount of the monthly running costs the National Assembly paid to and received by the lawmakers, and the spending details of any such running costs.

    It is also seeking: “An order of mandamus to direct and compel Akpabio and Abbas to end the alleged practice of paying remuneration and allowances termed as ‘running costs’ into the personal accounts of lawmakers.”

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    SERAP argued that the provisions of paragraph N, Section 32(d) of the Third Schedule to the Nigerian Constitution 1999 (as amended) clearly make it unlawful for the National Assembly to fix its salaries, allowances, and running costs.

    The organisation also argued that the alleged practice of paying running costs into the personal accounts of lawmakers is a fundamental breach of Rule 713 of the Federal Government Financial Regulations, which provides that “public money shall not be paid into a private bank account”.

    It added: “‘Public function’ means activities in the public interest, not against it. The reports that lawmakers are fixing their own salaries, allowances and running costs amount to private self-interest or self-dealing. It is also detrimental to the public interest.

    “The constitutional oath of office of lawmakers requires them to ensure transparency and accountability in the exact amounts of salaries, allowances and running costs they receive.

  • SERAP to World Bank: probe Nigeria’s N121.67tn debt

    SERAP to World Bank: probe Nigeria’s N121.67tn debt

    Socio-Economic Rights and Accountability Project (SERAP) has asked the World Bank Inspection Panel ‘to probe allegations of corruption in the spending of loans and other funding facilities obtained by the Federal Government and governors since 1999’.

    The organisation also urged the inspection panel to review the implementation of all Bank-funded projects by successive governments since 1999.

    SERAP, in addition, urged the panel to determine the extent to which Bank Management has followed or is following the World Bank’s operational policies and procedures applicable to the design, appraisal and implementation of all Bank-financed projects in Nigeria.

    It also asked the panel to determine the effect of any failure by the Bank Management to effectively implement its operational policies and procedures in all Bank-funded projects in several states on the social and economic rights and well-being of millions of socially and economically vulnerable Nigerians.

    SERAP’s complaint followed a report last week by the Debt Management Office (DMO), which said Nigeria’s total public debt stock, including external and domestic debts, increased by N24.33 trillion in three months, from N97.34 trillion ($108.23 billion) in December 2023 toN121.67 trillion ($91.46 billion) as of March 31, 2024.

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    A June 22 letter signed by SERAP’s Deputy Director, Kolawole Oluwadare, reads: “The World Bank has over the years reportedly approved 197 projects for Nigeria, totaling over $36 billion in loans and other funding facilities (that is, $36,360,415,968.81), with little or no impact on Nigerians living in poverty.”

    SERAP noted that Nigerians are rarely informed or meaningfully consulted about several of these loans, facilities and Bank-funded projects are taken. It however lamented that despite these loans, Nigerians continue to be denied the benefits of the loans and facilities and access to basic public goods and services.

    “Despite several loans and other funding facilities provided by the World Bank over many years, millions of socially and economically vulnerable Nigerians in several states and communities continue to lack access to regular electricity supply and have denied the benefit of renewable energy solutions.

    “Many years of allegations of corruption and mismanagement of public funds, including spending of the loans and facilities obtained by the Federal Government and governors, have contributed to widespread poverty, underdevelopment and lack of access to public goods and services in the country.

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