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Tag: SERAP

  • SERAP to NCC: revoke directive to block phone lines

    SERAP to NCC: revoke directive to block phone lines

    Socio-Economic Rights and Accountability Project (SERAP) has urged the Chief Executive Officer of the Nigerian Communications Commission (NCC), Dr. Aminu Maida to immediately revoke the unlawful directive to network providers to bar the phone lines of millions of Nigerians who have linked their SIM cards to their National Identification Numbers (NINs).

    SERAP also urged him to “restore the phone lines of these Nigerians, and to urgently establish a mechanism for effective consultation to provide Nigerians who are yet to link their SIM cards to their NINs with the appropriate support and infrastructure and adequate time and opportunity to do so.”

    The commission had recently ordered telecommunications companies to bar the phone lines of millions of citizens including those who allegedly “did not submit a good NIN or didn’t get a cleared or verified NIN by February 28.” 

    In a letter dated March 9, 2024, and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The directive to the network providers to bar Nigerians who have linked their SIM cards to their NINs is an appalling violation of citizens’ rights to freedom of expression, information and privacy.”

    SERAP said: “No agency has the right to strip the citizens of their basic constitutional rights under the guise of failing to properly link their SIM cards with their NINs or failing to do so timeously.

    According to SERAP, “The blocking of phone lines of Nigerians must only be a last resort measure, and strictly in line with the Nigerian Constitution 1999 [as amended], international human rights and due process safeguards.

    The letter, read in part: “The arbitrary barring of people’s phone lines is never a proportionate measure as it imposes disastrous consequences and severely hinders the effective enjoyment of economic, social, and cultural rights, as well as civil and political rights.

    “Blanket measures of barring the phone lines of millions of Nigerians are inconsistent and incompatible with the Nigerian Constitution and human rights treaties to which the country is a state party.

    “We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel the NCC to comply with our request in the public interest.

    “The arbitrary directive and the barring of the phone lines are extreme measures which must meet the strict legal requirements of legality, necessity and proportionality.”

    Read Also: Why some SIM cards linked to NIN were barred – NCC

    “The NCC has also apparently failed to conduct an impact assessment of these extreme measures in order to avoid their arbitrary or excessive effects. These extreme measures go against the regulatory objectives of the Nigerian Communications Act and violate Nigerians’ fundamental human rights.”

    “The NCC has clearly failed to abide by the Nigerian Constitution, human rights standards, democratic processes, the rule of law and due process safeguards.”

    “There is no legal justification for the arbitrary barring of phone lines of millions of Nigerians, especially those who have linked their SIM cards with their NINs.

    “The directive by the NCC to telecommunications providers to bar the phone lines of Nigerians who have linked their SIM cards with their NINs amounts to unlawful, unnecessary, unjustifiable, and disproportionate restrictions on the rights to freedom of expression, information, and privacy.

    “The NCC has a direct responsibility to respect the rights to freedom of expression, information and privacy and to take effective measures to protect these fundamental human rights against attacks by third parties such as network providers.”

    “The NCC cannot use the pretext of responding to the security crisis in the country by adopting unlawful restrictions on constitutionally and internationally guaranteed human rights.

    “Any restriction on the rights to freedom of expression, information, and privacy must meet the three-part test under international human rights law, namely that it is provided for by law, it serves to protect a legitimate interest recognised under international law and it is necessary to protect that interest.

    “The directive by the NCC fails to meet these requirements. Any suspension of the telephone lines of Nigerians who have linked their SIM cards with their NINs would not be justified in the context of the rights to information and privacy.

    “The use of these telephone lines by Nigerians would pose no risk to any definite interest in national security or public order.

    “The rights to freedom of expression, information and privacy are essential for the enjoyment of other human rights and freedoms and constitute a fundamental pillar for building a democratic society and strengthening democracy.

    “A democratic government based on the rule of law is one that is responsible to its citizenry and seeks to represent their interests. Barring the telephone lines of Nigerians has continued to have a chilling effect on the enjoyment of their other human rights.

    “The directive is also patently contrary to the objectives of the Nigerian Communications Commission (NCC) as contained in Sections 1[g] and 4(1)(b) of the Nigerian Communications Act 2003, which is to ‘protect and promote the rights and interest of consumers within Nigeria.

    “Under the Nigerian Constitution and human rights treaties to which Nigeria is a state party, the NCC has a legal responsibility to ensure and protect Nigerians’ rights to freedom of expression, information and privacy.

    “According to our information, the Nigerian Communications Commission (NCC), has issued a directive to telecommunications providers to bar Nigerians who previously linked their SIM cards to their National Identification Numbers (NINs).

    “According to the NCC, ‘people who probably didn’t get a cleared or verified NIN’ have been barred because the earlier ones they submitted were not good.’ The NCC also reportedly issued a directive to telecom service providers to bar subscribers who have failed to link their phone numbers to their NIN by February 28, 2024.

    “Over 40 million telephone lines have reportedly been barred allegedly for failing to link their SIM cards to their NINs and face the risk of being forfeited. The NCC has threatened that ‘If the barred lines are not acted upon in the next 180 days, they won’t be able to receive calls but will only be able to text and make calls.

    “Over 70 million bank account holders face the risk of being barred from accessing their accounts. Section 39 of the Nigerian Constitution guarantees the right to freedom of expression. Article 19(1) of the International Covenant on Civil and Political Rights establishes the right to freedom of opinion without interference.

    “The Human Rights Committee has in fact emphasized that limitations or restrictions should be applied strictly so that they do ‘not put in jeopardy the right itself.

    “Directing telecommunications providers to arbitrarily bar the telephone lines of Nigerians is also clearly inconsistent and incompatible with the provisions of the Nigerian Communications Act, 2003.”

  • Budget 2024: Group faults SERAP claims, hails National assembly

    Budget 2024: Group faults SERAP claims, hails National assembly

    A group, Alliance for Reformation and Development (ARD), Kano, State, has faulted the Socio-Economic Rights and Accountability Project(SERAP) for its recent  suit  against the National Assembly over its  increment of its own share of Budget 2024 from the proposed N197 billion by President Bola Tinubu to N344 billion.

    In a statement the group’s spokesperson, Usman Mohammed, noted that the  statutory responsibility of the national assembly is to  scrutinise the bill, make adjustments and  pass it to the President for his assent so that the bill can become a law, which is the budget to be implemented.

    It said its  findings  revealed that about 25 per cent of the entire NASS Budget is for capital expenditure as against the misleading information  given to unsuspecting members of the public by SERAP that the entire budget is to take care of the recurrent expenditure of the lawmakers , thus portraying the latter as unpatriotic in these economic trying times.

    The group noted that the NASS acted based on the spirit and letters of the Constitution in treating the appropriation bill as it deemed fit because it is the only body saddled with the responsibility to do so as against what SERAP wanted the public to know.

    Read Also; Fed Govt to save N500m annually from FAAN relocation, says Keyamo

    “We commend to SERAP that the so-called NASS Budget is not for the lawmakers alone but also involves other organs of the institution which include the National Assembly Office, National Assembly Service Commission and the National Institute for Legislative and Democratic Studies (NILDS)

    “We remind SERAP that if it had bothered to do due diligence, it would have known that there’s been a comparative decline in the legislative budget over the years. Perhaps the group is more concerned with the numbers rather than the details which can easily be deciphered by a comparative analysis of different legislative budgets.

    It is important to also emphasise that the action of NASS in jerking up its allocation or any other part of the appropriation underscores the essentiality of separation of powers, which is one of the building blocks of the rule of law,” the statement said.

  • SERAP, 20 Nigerians ask court to stop Akpabio, Abbas from increasing lawmakers’ budget

    SERAP, 20 Nigerians ask court to stop Akpabio, Abbas from increasing lawmakers’ budget

    The Socio-Economic Rights and Accountability Project (SERAP) and 20 concerned Nigerians have filed a suit against Senate President Godswill Akpabio, and House of Representatives Speaker Tajudeen Abbas for allegedly increasing the budgetary allocations to lawmakers from N197 billion to N344 billion, the highest since the return of democracy in 1999.

    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 and 20 concerned Nigerians by their lawyers, Kolawole Oluwadare and Andrew Nwankwo.

    Read Also: FOI: Disclose how much oil Nigeria produces and exports daily, SERAP tells NNPC

    In the suit filed last Friday at the Federal High Court in Abuja, the plaintiffs are asking the court to determine, among others, “whether the lawmakers, in the exercise of their powers over appropriation/money Bills, can unilaterally increase their own budgets without the re-presentation of the budget by the Executive”.

    The plaintiffs are asking the court for “a declaration that the action of the National Assembly, unilaterally increasing its own budget from N197 billion to N344 billion, without the re-presentation of the budget by the President is a breach of the democratic principles of separation of powers and checks and balances.

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

  • SERAP urges harmonisation of laws on digital rights

    SERAP urges harmonisation of laws on digital rights

    Socio Economic Rights and Accountability Project (SERAP) has urged members of the National Assembly to harmonise all laws pertaining to data protection and digital rights of Nigerian public.

    SERAP advised the law makers to confer authority on a specific independent agency that will oversee the collection, maintenance, usage and dissemination of the personal information and records of all citizens and prioritise fundamental human rights.

    The organisation stated this in its new publication , No Place for Dissent, No privacy

    The presentation held at Radisson Blu Hotel, Isaac John Street, Ikeja GRA by Dr Olubunmi Afinowi of the Faculty of Law, University of Lagos, (UNILAG), Akoka, Lagos.

    Dr. Afinowi urged the leadership of the National Assembly to sponsor a resolution condemning the persistent violations of data and digital rights in the country and harassment, intimidation and attacks on journalists, bloggers, media organisations by states and Federal  Governments.

    She urged the National Assembly to reject the social media bill reportedly sent to it by President Bola Ahmed Tinubu administration and drop any other bills that would restrict data and digital rights and undermine effective enjoyment of these rights in the country.

    She also admonished state governors to ensure that security agencies, the Police and other authorities to drop charges against journalists,bloggers and media workers and cease further arbitrary  closures of radio and television stations.

    “State governors should publicly support and commit to the protection and promotion of the right to freedom of expression, access to information and media freedom including reporting of sensitive political  and other issues within the states.

    She urged the Attorney General of the Federation to push for immediate amendment of the Cybercrime Act and other repressive legislation and bring the laws in line with the constitution and international human rights obligations.

    The Attorney- General of the Federation was also urged to advise President Tinubu to obey all outstanding court judgments including the ECOWAS judgment directing the Federal Government to repeal the cyber crime Act.

     Mr Gambo Sunday who represented the AGF Prince Lateef  Fagbemi at the event said section 39 of the 1999 Constitution as amended recognises the right of the people to freedom of expression, right to hold opinion, to receive information and to impart ideas without interference.

    He said it also recognised the active involvement of the people in governance.

    He said the coming into force of the Freedom of Information Act has given more powers to the citizens not only to acess more information but that public institutions are bound to relay government information actively and respond to requests actively.

    Read Also: SERAP writes INEC, seeks recognition of right to vote securely

    He commended SERAP for using the Act since it came into being actively to access information from government, saying that this has enriched the importance of online space.

    He said the ministry would need the cooperation of SERAP to make more information accessible to the people.

    Activist lawyer, Femi Falana (SAN) lashed out at members of the National Assembly for wanting to spend N53.7 bn buy SUV for the legislators.

    Falana berated the legislators for their action saying, “nobody should be living astronomically high above the citizens they are serving who are mostly poor.”

    He referred to the new President of Tanzania, Samia Suluhu Hassan who refused to approve SUV cars for legislators but insisted that such fund would be expended on public interest projects.

    The Tanzania President was reported to have said those who want SUV should use their money to buy such cars.

    The Executive Secretary of National Human Rights Commission (,NHRC), Prof Tony Ojukwu remarked that the issue of data and digital  rights should be of concern to every Nigerian and that we must establish keen interest in it because a lot is happening  in that area.

    Prof Ojukwu said there has been the constant urge on the part of the government to restrict data and digital rights .

    He said every single bill that has been presented at the National Assembly has been to restrict data and digital rights.

    He said as a human rights activist. when he sit down to look at it, it is to ensure each states protect data and digital rights.

    He said there need for responding agencies in handling digital rights.

    Prof Ojukwu commended SERAP for the wonderful work it is doing on the issue.

    He said there is need for more organisation and people who can question the authority and ensure we are on the right path.

    He reiterated that his agency will collaborate with SERAP to advance human rights in Nigeria.       

    Earlier, in an opening remarks. SERAP’s Deputy Director, Kolawole Oluwadare had told the participants that  laws used as weapoms against the rights of the populace in the digital space should have no space in the country’s statute books.

  • SERAP writes INEC, seeks recognition of right to vote securely

    SERAP writes INEC, seeks recognition of right to vote securely

    Socio-Economic Rights and Accountability Project (SERAP) has urged the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, to pursue constitutional and legal reforms that would ensure explicitly and recognize Nigerians’ right to vote and to vote securely in free, fair and honest elections as a fundamental right.

    SERAP also urged him “to promote constitutional and legal reforms that would contain explicit mandatory provisions on internet voter registration, and the use of modern technology, including in casting and counting, voter registration and systems for reporting results.”

    The request was contained in letter dated October 28, 2023 and signed by SERAP deputy director Kolawole Oluwadare.

    The organisation said: “The explicit recognition of the right to vote and to vote securely would improve the right to representative democracy in the country.

    It argued that the continuing resistance by politicians to bring the country’s electoral legal rules up to date with modern technology, and make the use of technology mandatory in our electoral process is entirely inconsistent and incompatible with Nigerians’ right to effectively participate in their own government.

    According to SERAP, “Large-scale election infrastructure insecurity poses serious threats to the fundamental right to vote that INEC can no longer ignore.

    It argued that the challenges facing the electoral process can be addressed by a swift adaptation and innovation in both election laws and election technology.

    The letter read in part: “Democracy works best when everyone participates. Legally enforceable right to vote is the bedrock of any democratic society. The right to vote and to vote securely is too important to be left to the whims of politicians.

    “Confidence in the electoral process is on the decline. Many Nigerians are expressing concerns about the credibility and integrity of the electoral process.

    According to the organisation: “Nigerian politicians have little incentive to pursue genuine constitutional and legal reforms that would improve the exercise by Nigerians of their right to participation in the electoral process and in the mechanisms of government.

    “INEC has constitutional and statutory responsibilities to promote and advance the right of eligible Nigerians to vote and to vote securely as part of their internationally recognized right to political participation.

    Read Also: I wasn’t close to Mercy Eke before BBNaija show – Venita Akpofure

    “Under section 2(b) of the Electoral Act 2022, the commission ‘shall have power to promote knowledge of sound democratic election processes.’ INEC also has the constitutional mandates to take the recommended measures under Section 153 of the Nigerian Constitution and paragraph 15(a) of the third schedule.

    “INEC has the mandates to promote, protect and facilitate the exercise of the right to vote and to vote securely as a fundamental right. Exercising such mandates would rebuild public confidence in the ability of the commission to effectively perform its responsibilities and to act in good faith.

    “The major problem facing the country’s democracy is the lack of respect for Nigerians’ right to participation and the concomitant lack of trust in election results. If citizens do not believe in the election process, then the entire system of democratic government becomes a questionable enterprise.

    “The explicit recognition of legally enforceable fundamental right to vote and to vote securely in free, fair and honest elections would protect the right to participation, safeguard and strengthen the credibility and integrity of the country’s democracy.

    “It would rein politicians who continue to abuse the electoral rules to distort and undermine the right to participation with almost absolute impunity. It would also amplify the voices of the people, not corrupt politicians, and modernize and secure the country’s future elections against any threats.

    “The country’s electoral legal rules are entirely inconsistent and incompatible with the requirements of the right to political participation, which is explicitly guaranteed under article 25 of the International Covenant on Civil and Political Rights and article 13 of the African Charter on Human and Peoples’ Rights which Nigeria has ratified.

    “The right to vote and vote securely would also impose clear obligations on the electoral commission and other authorities to ensure the ‘will of the people’ in elections, and to administer elections in an objective and neutral manner, and in conformity with modern technology.

    “The crisis confronting Nigerian elections and lack of public trust and confidence in the electoral process can be addressed if the right of Nigerians to vote and to vote securely is explicitly recognized as justiciable constitutional right.

    “Nigerians do not currently enjoy explicit and enforceable right to vote and to vote securely. As the 2023 general elections have shown, the absence of this right in the Nigerian Constitution 1999 [as amended] has seriously undermined the right of Nigerians to effectively participate in their own government, and the credibility and integrity of the electoral process.

    “Although the Nigerian Constitution provides in Section 14(1)(c) that, ‘the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution’, this is not recognized as legally enforceable fundamental human right.

    “Unless INEC urgently begins the process of pushing for the explicit recognition of Nigerians’ right to vote and to vote securely, politicians would continue to use the country’s antiquated electoral legal rules for personal gain, and to deny the people their right to participation.

    “We would be grateful if INEC begins the process of taking the recommended measures within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel INEC to comply with our requests in the public interest.

    “SERAP notes that ahead of the 2023 general elections, INEC disclosed that over seven million Nigerians who carried out their voter pre-registration online but could not complete the process at physical centres would not be entitled to vote.

    “The right to vote and to vote securely as well as the right of the people to expect representative government through the process of elections is basic to democracy.

    “Without the explicit constitutional recognition of the right to vote and to vote securely as a fundamental right, millions of Nigerians would continue to be denied their right to participate in their own government.

    “The Nigerian Constitution and Electoral Act are grossly inadequate to guarantee citizens’ right to political participation which encapsulates the right to vote and to vote securely. Our electoral legal rules are based on a set of archaic notions that do not serve the core function of participation and a representative democracy.

    “The African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights (ICCPR), and the African Charter on Democracy, Elections and Governance explicitly assert the right to vote as part of the fundamental right to participate in democracy.

    “Article 25 of the Covenant, article 13 of the African Charter and articles 2, 3 and 4 of the African Charter on Democracy contain provisions on the right to participation. Nigerian electoral laws ought to be such that would give effect to the voters’ will and uphold the popular mandate through free, fair, and honest elections.

    “The right to vote in a democracy is important because so many other matters depend upon its exercise. Nigeria ought not to be stuck with electoral rules, structures and procedures that violate basic ideas of participation, fairness and representative government.”

  •  Assessing impact of SERAP’s many litigations

     Assessing impact of SERAP’s many litigations

    What is the outcome of the suits filed by the Socio-Economic Rights and Accountability Project (SERAP)? Are they all hype? Deputy News Editor JOSEPH JIBUEZE reviews some of the recent verdicts in cases initiated by the NGO.

    Civil society is an essential ingredient of development and plays a critical role in a democracy.

    It is an important source of information for both the government and citizens.

    Civil society organisations (CSOs), on behalf of the citizens, monitor government policies and actions and hold institutions and those who head them accountable.

    They engage in advocacy and offer alternative policies for the government, the private sector and other institutions.

    One such CSO that has remained consistent is the Socio-Economic Rights and Accountability Project (SERAP), whose strategies include public interest litigation. But, what becomes of the NGO’s many suits after filing?

    The presidency, under former President Muhammadu Buhari, once claimed that SERAP only files cases without following through.

    But, the NGO’s Deputy Director Kolawole Oluwadare said there is much more to the cases SERAP initiates.

    “I think there is a misunderstanding as to the purpose of these public interest lawsuits,” he said.

    Read Also: Mixed fortunes for APC, PDP, Labour at tribunals

    According to him, while the suits help achieve advocacy objectives in the short term, they have broader significance.

    Oluwadare explained: “They are primarily to sensitise the public about issues of public interest and to create legal jurisprudence and precedents that can help improve our legal system.”

    While not all the outcomes of the suits are in the public domain, SERAP insists the objectives are being realised.

    Oluwadare said: “In some of the judgments that were secured, there has been compliance.

    “Some of the issues litigated against have been dropped by the concerned agencies or respondents after the suits were filed.”

    One of the suits prayed the court to order the Federal Government to recover over N40 billion double pay from former governors who earn life pension while serving as lawmakers or ministers.

    The Federal High Court in Lagos had ordered then Attorney-General of the Federation, Abubakar Malami (SAN), to challenge the legality of states’ pension laws.

    Following non-compliance with the order, SERAP filed a contempt suit against Malami.

    Subsequently, a former Ogun State Governor, Gbenga Daniel, asked the state government to stop the payment of his monthly pension.

    He said he did not want to be receiving double remuneration, having returned to public service as Senator representing Ogun East.

    The former governor said: “good conscience” informed his decision to have his monthly payment of N676,376.95 suspended.

    Oluwadare said: “Senator Daniel has stopped collecting pension in compliance with the judgment SERAP secured. There are plenty more success stories.

    “Former Kwara State Governor and Senate President Bukola Saraki also said he stopped collecting life pension because of SERAP’s lawsuit.”

    SERAP has sustained the advocacy against former governors in government receiving double pay.

    It has asked President Bola Tinubu to ensure the stoppage of further collection of life pensions and other allowances by governors in his administration.

    The NGO stressed that receiving a life pension while serving as a minister or Senator is forbidden by the 1999 Constitution.

    SERAP also recorded success following the threat to revoke the broadcast licences of 53 broadcast stations by the Buhari Administration.

    The National Broadcasting Commission (NBC), on August 19, 2023, revoked the licences of 53 broadcast stations on the grounds of their failure to pay their licence renewal fees worth N2.66 billion.

    The commission ordered those yet to pay to shut down at 12am on August 20.

    SERAP, along with the Nigeria Guild of Editors (NGE), challenged NBC’s action, following which the Federal High Court restrained the Federal Government from shutting down the stations.

    Oluwadare said regarding the case: “The Federal Government said in court that NBC did not fine the 53 broadcast stations because of the injunction issued by the court.

    “I think we need to do more in selling our success stories and educating people about the objectives of these lawsuits.”

     Other success stories

     The Abuja Close Circuit Television (CCTV) project was launched amid fanfare, but its execution was less successful. SERAP took it upon itself to ask questions.

    It filed a suit at the Federal High Court in Abuja, asking the Buhari Administration to account for the $460 million Chinese loan obtained to fund the failed Abuja CCTV contract.

    SERAP sought an order of mandamus directing and compelling the government, through the Minister of Finance, to make available to the NGO information on the total amount of money paid to contractors.

    It sought specific details of names of contractors involved as well as details of the status of the project implementation.

    On May 15, 2023, Justice Emeka Nwite ordered the government to account for how the loan was spent.

    The court also ordered the government to “publish the total amount of money paid to Chinese and local companies and contractors and specific details of the names of the companies and contractors and status of the implementation of the project.”

    The Freedom of Information (FoI) suit was numbered FHC/ABJ/CS/1447/2019.

    It followed the disclosure in 2019 by former Minister of Finance, Zainab Ahmed, that “Nigeria was servicing the loan” and that she had “no explanations on the status of the project”.

    Justice Nwite agreed with SERAP that there was a reasonable cause of action against the government.

    “Accounting for the spending of the $460 million Chinese loan is in the interest of the public.

    “It will be inimical for the court to refuse SERAP’s application for judicial review of the government’s action,” the judge held.

     The Abacha loot case

     Another significant case was the suit by SERAP praying the court to order the previous administrations of Olusegun Obasanjo, Musa Yar’Adua, Goodluck Jonathan and Buhari to account for $5billion Abacha loot.

    The late Sani Abacha was Head of State from November 17,1993 when he seized power, to June 8, 1998 when he died in office.

    Nigeria has continued to receive funds looted by Abacha, such as $44.1million from Switzerland in 2006, $ 227 million from Liechtenstein in 2018 and $311.7 in 2020, among others.

    In the FoI suit numbered FHC/ABJ/CS/407/2020, SERAP urged the Federal High Court to order the previous governments to account for at least $5 billion recovered from the late Abacha.

    On July 3, 2023, Justice James Omotosho granted the application.

    In the landmark judgment, he ordered the disclosure of the spending details of the recoveries by the past governments.

    The court ordered the Tinubu Administration to “disclose the exact amount of money stolen by General Sani Abacha from Nigeria, and the total amount of Abacha loot recovered and all agreements signed on same by the governments of former presidents Obasanjo, Yar’Adua, Jonathan and Buhari.”

    Justice Omotosho held: “In the final analysis, the application by SERAP is meritorious and the Federal Government through the Ministry of Finance is hereby ordered to furnish SERAP with the full spending details of about $5 billion Abacha loot within seven days of this judgment.”

    The judge ordered the government to “disclose details of the projects executed with the Abacha loot, locations of any such projects and the names of companies and contractors that carried or carrying out the projects since the return of democracy in 1999 till date.”

    The judge added: “The excuse by the Minister of Finance is that the ministry has searched its records and the details of the exact public funds stolen by Abacha and how the funds have been spent are not held by the Ministry. The excuse has no leg to stand in view of section 7 of the Freedom of Information Act.”

    Justice Omotosho dismissed all the objections raised by the Federal Government and upheld SERAP’s arguments.

    In the letter dated 8 July 2023 sent to President Tinubu and signed by Oluwadare, the organisation said: “We urge you to demonstrate your expressed commitment to the rule of law by immediately obeying and respecting the judgment of the court.

    “We urge you to direct the Ministry of Finance and the office of the Attorney General of the Federation to immediately compile and release the spending details of recovered Abacha loot as ordered by the court.”

     N200b Delta education funds

     In March 2019, a seven-year-old girl, Success Adegor from Sapele, Delta State, became a sensation on social media after she was sent home because her parents could not pay a fee/levy of N900.

    Miss Success had, in the viral video, said in pidgin: “No be say I no go pay, dem go flog, flog, flog, dem go tire.”

    She was a pupil of Okotie-Eboh Primary School 1, which was found not to be in good condition.

    SERAP followed up and sought to know how the Ifeanyi Okowa government spent over N200billion education fund allocations to Delta.

    Okowa was the Vice Presidential candidate of the Peoples Democratic Party (PDP) in the 2023 general elections.

    Joined as defendants are the Universal Basic Education Commission (UBEC) and the Delta State Universal Basic Education Board (SUBEB).

    In a judgment delivered on July 17, 2023, Justice Daniel Osiagor of the Federal High Court in Lagos made an order of mandamus compelling the Delta government to provide SERAP with the information requested.

    He ordered the state government to “disclose how the Okowa government spent over N7.28 billion received from UBEC between 2015 and 2017, and N213 billion received from the Federation Accounts Allocation Committee (FAAC) in 2018, at an average of N17.8 billion monthly.”

    The court ordered “the disclosure of the spending details of over N200billion public funds collected by the government of former Delta State governor Ifeanyi Okowa from the UBEC fund and allocations from the Federation Accounts.”

    The court ordered the Governor Sheriff Oborevwori to “disclose details of budgetary allocations and actual spending by the Okowa government between 2015 and 2019, including specific projects carried out to improve primary education in Delta State, and the locations of such projects.”

    The suit followed SERAP’s FoI suit numbered FHC/L/CS/803/2019

    Justice Osiagor held: “SERAP has cognisable legal right to inquire and know the way and manner public institutions manage public funds.

    “I must say that every citizen has a duty to demand transparency and accountability in the governance of public institutions.

    “Why should a request for details of disbursement and spending of public funds between 2015-2019 by Delta State be a cause of litigation for four years?

    “Public officials are fast developing a state of anomie and cold feet when confronted with request for audit report of public duties and budgets.”

    The court added: “SERAP’s application cures so much disinformation in the public space. The request by SERAP falls within the categories of records accessible by the public.

    “However, public institutions are becoming increasingly hysterical upon any request served on them for information bordering on accountability.

    “The arguments of the Delta State government and the Delta State Universal Basic Education Board (SUBEB) that the Freedom of Information Act applies to only Federal Government officials cannot be sustained as public institutions are defined in Section 31 of the Interpretation section to include state institutions.”

    ‘More public interest suits needed’

     A public affairs analyst and columnist, Sonala Olumhense, who has followed SERAP’s work since 2004, said the NGO’s dogged pursuit of the rule of law, accountability and human rights filled him “with pride”.

    He wrote in the aftermath of criticisms by former presidential spokesman Garba Shehu, who had accused the NGO of embarrassing the government.

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

    But, Olumhense, who clarified that knew no one from SERAP nor spoke for it, disagreed with the presidency.

    To him, the Federal Government was riled up by the NGO’s lawsuit which sought the arrest of soldiers and police officers indicted by the Lagos #EndSARS report in the 2020 Lekki toll gate shooting.

    The columnist believes the presidency may have also been irked by another lawsuit by SERAP over the government’s failure to publish the names of those indicted in the alleged misappropriation of over N6trillion at the Niger Delta Development Commission (NDDC).

    Highlighting SERAP’s public interest litigations since the Obasanjo Administration, Olumhense stressed there was an “open-source list of many cases that SERAP has resolved through the relevant legal systems over the years”.

    He urged the government to address the issues raised by the organisation and go after those who flout the laws rather than resort to blackmail, adding: “Thank you, SERAP.”

    A Lagos lawyer, Jonathan Iyieke, believes SERAP should be encouraged.

    He said: “SERAP was established in 2004 and one of the reasons for its formation as an NGO was to fight corruption at all levels. There have numerous public interest litigations at the instance of SERAP.

    “The challenge is that in a country like Nigeria where corruption and disobedience to rule of law are eulogised, it does not matter how many times one goes to court

    “It’s really a travesty of justice that cases ventilated and doggedly won in courts are selectively obeyed. I am in support of SERAP. Let it continue with its work.”

    Activist-lawyer, Tope Alabi, urged SERAP to sustain the public interest litigations. He also does not think they are too many or are a waste of time.

    He said: “The problems in the society that call for public interest litigation are many, so the cases filed by SERAP are not even enough. More public interest litigation is needed.”

    Alabi, however, urged SERAP to provide regular updates on the status of the cases and their eventual outcomes.

    He added: “We hear a lot about SERAP filing cases, so I think the public also needs to know what becomes of them when judgment is given.”

  • SERAP to ICPC: invite two senators over ‘diversion of constituency projects’

    The Socio-Economic Rights and Accountability Project (SERAP) has urged the Chairman of Independent Corrupt Practices and Other Related Offences Commission (ICPC), Prof Bolaji Owasanoye, and the Acting Chairman Economic and Financial Crimes Commission (EFCC), Ibrahim Mustafa Magu, to “jointly and urgently invite senators Godswill Akpabio and Isa Misau for interrogation and further questioning over alleged diversion of constituency projects”.

    It said: “If the ICPC and EFCC consider the recovered hospital equipment and six tractors allegedly diverted for the personal use of the senators as relevant and sufficient admissible evidence, we urge you to promptly begin prosecution of the senators.”

    Last week, the ICPC stated that it recovered from the premises and farmland allegedly belonging to the senators some equipment meant for constituency projects in some local government areas of Akwa Ibom and Bauchi states.

    In a petition, dated August 2 and signed by SERAP’s Deputy Director Kolawole Oluwadare, the organisation said: “Inviting those suspected to be involved for interrogation and further questioning, and for them to promptly face prosecution, as appropriate, would show that no one is above the law. It would be entirely consistent with the exercise of your mandates to combat corruption and with both the spirit and the letter of the United Nations (UN) Convention Against Corruption to which Nigeria is a state party.”

    SERAP expressed “concern that these cases illustrate the growing allegations of massive corruption in constituency projects and the importance of not only monitoring the projects but thoroughly and effectively investigating reported cases of corruption and promptly bringing suspected perpetrators to justice”.

    It added: “When members of the National Assembly divert constituency projects for personal use, the essence of such projects is defeated, and the integrity of the mechanism compromised.”

    Read Also: N2trn spent on constituency projects since 2000 without results, says ICPC

    The petition, which was copied to the Chairman of Presidential Advisory Committee Against Corruption, Prof Itse Sagay, reads: “Corruption in the provision of public services, such as healthcare, affects and distorts the delivery of services and the right to the highest attainable standard of health.

    “As the recoveries by the ICPC have shown, cases of corruption in constituency projects cause under-provision, divert public resources, or simply limit access to public services or make them unavailable.

    “SERAP notes Section 15(5) of the Constitution of Nigeria 1999 (as amended) to the effect that ‘The State shall abolish all corrupt practices and abuse of power.’ Similarly, the UN Convention Against Corruption, to which Nigeria is a state party, requires the authorities to ensure effective, proportionate and dissuasive sanctions and penalties for corruption.

    “The allegations of diversion of constituency projects by public officers have weakened public confidence in the effectiveness of the mechanism, as currently implemented, to deliver essential public services to those most in need. Unresolved allegations of corruption in constituency projects would significantly contribute to impunity for grand corruption in Nigeria and pose a serious threat to probity in public life, the rule of law and respect for human rights.

    “Allegations of corruption in constituency projects meant to be implemented for the common good and not the personal gains of lawmakers would ultimately undermine the principles of representative and accountable government that act in the public interest, and equality and fairness.

    “Corruption in the health sector or provision of support to farmers unfairly punishes the poor, and depresses living standards and opportunities for the most vulnerable and disadvantaged population.”

    Giving the background to the alleged violations, SERAP said: “The ICPC reported that it recovered hospital equipment, meant for constituency project, on the premises of Mma Obot Foundation, which is allegedly owned by Godswill Akpabio, a former governor of Akwa Ibom.

    “Among the recoveries are: dialysis machine, ECG monitor, oxygen regulator, anaesthetic machines, generators and other hospital equipment meant for a cottage hospital in Ukana, Essien Udim Local Government Area of Akwa Ibom State.

    “The ICPC also recovered six tractors from a farm belonging to Isa Hamman Misau, a senator who represented Bauchi Central. The tractors were meant for the use of farmers in six local government areas of Bauchi Central Senatorial District. The items were recovered during ICPC’s tracking of constituency projects around the country.

    “The tractors formed part of the N430 million contract for the supply of pumping machines and other agricultural machinery to farmers in the senatorial district, which was awarded in 2015 by the Federal Government as part of the senators’ constituency projects across the nation. The sum of N76.6 million was said to have been paid for the tractors in December 2015, and the equipment were supplied in March 2016.”

  • Saving students

    The decision of the Socio-Economic Rights and Accountability Project (SERAP) to petition the International Criminal Court (ICC) over Nigeria’s ever-increasing population of out-of-school children is a courageous attempt to hold the nation’s leaders accountable for their actions in office.

    SERAP’s deputy director, Kolawole Oluwadare, put the case succinctly when he stated that “the crime of leaving millions of Nigerian children out of school is an opportunity for [the ICC to effectively enforce its policy on children and other important statements of international criminal justice.”

    At an estimated 13.2 million individuals, Nigeria has the largest number of out-of-school children in the world, representing some 20 per cent of the global total. Last year, the United Nations Children’s Fund (Unicef) claimed that 50 per cent of children in northern Nigeria dropped out of school to get married. Two-thirds of children in the same region are said to be functionally illiterate.

    Apart from the staggering waste of potential human resources, this tragedy has resulted in an army of malleable youths that has served to aggravate the country’s challenges with crime, human-trafficking, insurgency and terrorism. It has helped to bolster the outdated almajeri system, fuelled political violence and spurred communal crises.

    Successive administrations have failed to address the problem with the commitment that it deserves. In spite of several education summits, the establishment of the Universal Basic Education Commission (UBEC), the Nigerian Commission for Mass Literacy, Adult and non-Formal Education (NMEC), and the National Commission for Nomadic Education (NCNE), the huge population of young Nigerians who have been denied the benefits of western education has continued to grow.

    SERAP has established a formidable reputation for holding governments to account. In a number of admirably neutral interventions, it has taken on successive administrations on issues like asset-declaration by public office-holders, electoral integrity, healthcare, the judiciary and corruption. It has undertaken extensive investigations into various sectors and has produced reports which have exposed incompetence, dereliction of duty, fraud and wastage.

    The latest petition to the ICC is a tried and tested strategy through which SERAP seeks to internationalise local challenges that are perceived to have been aggravated by government’s intransigence, indifference or incompetence. By so doing, it hopes to achieve the threefold aim of solving the problem, bringing international pressure to bear, and embarrassing government into better behaviour.

    As SERAP itself points out, the ICC does have legal grounds to hear its petition, given its past intervention in similar child-rights cases in the Democratic Republic of Congo and elsewhere. In 2016, the ICC’s Prosecutor, Ms. Fatou Bensouda, launched a policy on children, stating that the court would strengthen its resolve to end impunity in atrocities involving them.

    While it is entirely possible that the Federal Government will simply ignore the petition as it has done in the past, it will be difficult to treat the issue with indifference, especially given its obvious implications in an era of increased security threats.

    Rather than studiously ignore honest calls for it to live up to its statutory responsibilities, however, the Buhari administration would do well to re-examine its education policies with a view to understanding why the issue of getting more children into school has proved to be so difficult.

    One of the first places to start would be its much-lauded school-feeding programme, whose undoubted success clearly demonstrates its capacity to attract more children to school. As at 2018, it covered 26 states; it should be expanded to encompass all states of the federation as quickly as possible, so that more children can benefit from it.

    Another strategy would be to tackle the vexed issue of the refusal of states to contribute the required counterpart funding to UBEC’s primary school education programme. Over N84 billion of such funds have not been accessed by states since 2015, simply because of their failure to put up their own share of the money.

    Instead of depending on moral suasion, legislation should be promulgated to compel states to provide a minimum amount in counterpart funding for primary level education.

    The cultural obstacles in the way of getting more children in school require a combination of compulsion and tact. Nigeria’s northern states should make it compulsory for children to be in school, while offering a mix of incentives to make it easier for them to obey.

  • Court orders release of detailed payments on electricity contracts since 1999

    Justice Chuka Obiozor of a Federal High Court, Lagos, has ordered the Federal Government to release details of payments to all defaulting and allegedly corrupt electricity contractors and companies under the governments of former Presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan and President Muhammadu Buhari.

    The judge gave the order while delivering judgment last Friday in a suit filed by the Socio-Economic Rights and Accountability Project (SERAP) against the Federal Government and the Ministry of Power, Works and Housing.

    Justice Obiozor also called for the “full disclosure and publication of the names of companies and the whereabouts of the contractors paid by successive governments since the return of democracy in 1999 to carry out electricity projects across the country but disappeared with the money without executing any project”.

    The details the court ordered to be disclosed and published on a dedicated website and widely include information on “specific names and details about contractors and companies paid by each government, the total amounts paid by each government and the objects for the payments, the level of implementation of electricity projects, as well as details and specific locations of projects executed across the country by each government since 1999”.

    The court also held that “the failure by the government of President Muhammadu to provide SERAP with the details of payments made to contractors by each government since 1999 is a breach of the Freedom of Information Act, 2011”.

    It ordered the Buhari administration to urgently disclose if there is an ongoing investigation or prosecution of contractors and companies paid by successive governments since 1999 to hanlde electricity projects but failed to execute the projects for which public funds were collected.

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    Justice Obiozor granted SERAP the following reliefs:

    “A declaration that the failure and/or refusal of the respondent (Federal Government/Ministry of Power) to provide SERAP with documents and information containing the specific names and details of contractors and companies that have been engaged in the Power sector by successive governments since 1999, details of specific projects and the amounts that have been paid to the contractors and companies, details on the level of implementation of electricity projects and their specific locations across the country, and failure to widely publish it on a dedicated website, any of such information, amounts to a breach of the obligations under the Freedom of Information Act 2011.

    The court held that the failure and/or refusal of the respondents to provide SERAP with specific documents and information containing the specific names and details of contractors and companies that allegedly collected money for electricity projects from successive governments since 1999 but failed to execute any of such projects, and failure to widely publish it on a dedicated website, any of such information, amounts to a breach of the Respondent’s responsibility/obligation under the Freedom of Information Act 2011.

    In a statement yesterday, SERAP’s Deputy Director Kolawole Oluwadare said: “We welcome the ground-breaking judgment by Justice Obiozor as a victory for transparency and accountability of public officials, electricity contractors and companies and their shareholders.

    “It is an extremely important step towards tackling the impunity in Electricity sector, which has for many years forced ordinary Nigerians to stay in darkness but still made to pay crazy electricity bills.

    “This judgment is good news for ordinary Nigerians who have continued to pay the price for corruption in the Electricity sector, as they would finally get an explanation on why the country has remained in darkness, despite huge investment in the Power sector by the governments of former Presidents Olusegun Obasanjo, President Umaru Musa Yar’Adua, President Goodluck Jonathan, and the government of President Muhammadu Buhari.

    “The enforcement of the judgment could potentially reveal individuals, contractors and companies allegedly responsible for squandering over N11 trillion meant to provide regular electricity supply under successive governments, lead to the prosecution of suspected perpetrators, and recovery of stolen public funds.”

    “SERAP calls upon the government of President Muhammadu Buhari to demonstrate his oft-repeated commitment to the rule of law by immediately obeying and respecting the judgment of the Court.”

  • SERAP to Ganduje: reject fat pensions, luxury cars for life for Kano lawmakers

    THE Socio-Economic Rights and Accountability Project (SERAP) has urged Kano State Governor Abdullahi Umar Ganduje to reject a bill for life pensions and brand new vehicles recently passed by lawmakers of the State House of Assembly.

    The organisation urged the governor to prevail on the members to immediately drop the bill, and to honour their fiduciary duties imposed by the Constitution of Nigeria 1999 (as amended) and Nigeria’s international anti-corruption obligations.

    SERAP said it would take legal action nationally and internationally against the state government should the governor assent to the bill already passed by the lawmakers.

    SERAP said it would resort to legal action to hold his government to account and ensure that “you uphold the solemn trust committed to you by the people of Kano”.

    The request was contained in an open letter sent to the governor dated May 10, 2019 and signed by SERAP Deputy Director Kolawole Oluwadare.

    The organisation urged Ganduje to “prevail on the lawmakers to subordinate their own interests to the public good, live on fair and equal terms with their fellow-citizens and not to use their legislative powers to convert public resources to their own benefit”.