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Tag: SERAP

  • SERAP asks Dickson to reject life pension for Bayelsa lawmakers

    Socio-Economic Rights and Accountability Project (SERAP) has Governor Seriake Dickson of Bayelsa State to reject the proposed life pension bill by the leader of the House of Assembly Peter Akpe.

    He was also urged to prevail upon the State’s House of Assembly to immediately withdraw the self-serving bill.”

    SERAP said it would institute legal proceedings to challenge the legality of the legislation and ensure full compliance with constitutional provisions and Nigeria’s international anti-corruption.

    The request was contained in an open letter dated April 26, 2019 and signed by SERAP Deputy Director, Kolawole Oluwadare,

    The State Assembly had last week passed a bill that would grant life pensions to speakers, deputy speakers and other members.

    Under the bill, speakers will go home with N500,000 monthly, while deputy speakers will receive N200,000; 24 other members will each get N100,000.

    The House is seeking life pensions for members similar to those “applicable to former presidents, vice-presidents, governors and deputy governors across the country.”

    But reacting to the development yesterday, SERAP said: “Public officials have a legal commitment to discharge a public duty truthfully and faithfully.

    The organization said the bill amounts to an incorrect and improper performance of public functions and an abuse of legislative functions by the lawmakers.

    Rather than sponsoring bills that would improve access of children in Bayelsa to quality education, it berated the lawmakers for taking advantage of their entrusted public positions to propose a bill to collect large severance benefits.

    According to the organization: “The lawmakers are clearly the major beneficiaries under the proposed legislation. Therefore, bypassing the life pension bill, the lawmakers of Bayelsa State House of Assembly have violated the constitutional and international prohibitions on conflicts of interest.”

    The letter read in part: “The people of Bayelsa would expect you, as their governor, to use your entrusted public office to act in the public interest, including by rejecting the life pension bill and prevailing upon the House of Assembly to immediately drop the bill.

    “Conflicts of interest, as well as perceptions of such conflicts, would undermine public confidence in the integrity and honesty of not only the Bayelsa State House of Assembly but also your government, if urgent action is not taken to prevail upon the House to drop the outrageous bill.

    “SERAP notes that Bayelsa State has in recent years received trillions of Naira from the federation account. Yet, according to the State Universal Basic Education Board (SUBEB), over 265,000 Nigerian children lack access to basic education in the State. The public funds that would be spent to pay life pensions to the lawmakers could be well used to address the problem of growing rate of out-of-school children in the state.

    “It is forbidden for any public official including lawmakers to engage in self-dealing, and place him/herself in a position of conflicting interests and to hold incompatible functions or illicitly engage in providing to him/herself emoluments deemed unacceptable, unconstitutional and illegal.”

    “In the Seventh Schedule to the Nigerian Constitution of 1999 (as amended), you commit to strive to ‘preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution, [and not to] allow my personal interest to influence my official conduct or my official decisions’. You also commit to: protect and defend the constitution, and to ‘do right to all manner of people according to law [and to] devote myself to the service and well-being of the people of Nigeria’.

    “Constitutional oath of office requires public officials including lawmakers to abstain from all improper acts, including passing the life pension bill, that are inconsistent with the entrusted positions and the overall objectives of the Constitution. We believe that a false oath lacks truth and justice. The oath statements require the oath takers to commit to uphold and defend the Constitution.

    “It is estimated that hundreds of lawmakers will benefit from the life pension proposed legislation, which will invariably cost Bayelsa State at least N20 million taxpayers’ money monthly. This amount will increase in subsequent years.

    “SERAP believes that the action by the lawmakers is entirely inconsistent and incompatible with the object and purpose of the UN Convention against Corruption, to which Nigeria is a state party and which implicitly prohibits large severance benefits for public officials such as members of Bayelsa State House of Assembly.

    “The convention, which is binding on all states of the federation, specifically in paragraph 1 of article 8 requires the lawmakers to promote integrity, honesty and responsibility in the management of public resources”, it stated.

  • Utomi, SERAP, lawyers preach integrity as Onnoghen is convicted

    The need for integrity in the judiciary and other sectors of public life dominated discourse yesterday as the Code of Conduct Tribunal (CCT) found ex-Chief Justice of Nigeria (CJN) Walter Onnoghen guilty of concealing assets, report Adebisi Onanuga, Joseph Jibueze.

    Integrity among public

    officials important,

    say Utomi, lawyers

     

    A Professor of Political Economics, Pat Utomi, has called for integrity among public officers in the interest of nation-building and unity.

    He reacted to yesterday’s conviction of ex-Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, of breach of Code of Conduct for public officers.

    The Code of Conduct Tribunal (CCT) chaired by Danladi Umar convicted Onnoghen, 68, and ordered his immediate removal as the CJN.

    The CCT stripped him of all offices he occupied, such as the Chairman of the National Judicial Council and  Chairman of the Federal Judicial Service Commission.

    The tribunal also ordered the forfeiture of money in five accounts which Onnoghen failed to declare as part of his assets.

    The tribunal equally ordered that he should not hold any public office for 10 years.

    In an interview with NAN, Utomi said: “The times suggest that the point that we have always made about the importance of integrity is critical for nation building and individual sense of unity.”

    Mr Wale Ogunade, a lawyer and the President of Voters Awareness Initiative (VAI), said that Onnoghen’s conviction showed that no one should be above the law.

    He urged that corruption investigations should not be politicised.

    He said: “For such a step to be taken against a high ranking official, particularly against the head of the judiciary, then there is smoke behind the fire, I knew something was wrong and, indeed, he was found guilty.

    “I was convinced that he was guilty when the Economic and Financial Crimes Commission (EFCC) wrote a petition to the National Judicial Council (NJC) which recommended his resignation and so on.

    REad also: The CJN Walter Onnoghen phenomenon: A disaster of monumental proportions

    “I was one of those who suggested, when he started, that he should eat the humble pie and resign as an honourable man but unfortunately he allowed himself to be misled by his kinsmen who believed that it was politics.

    “Law and politics are like water and oil, there is no way you can mix the two, the law will always stand and politics will fall like what you have seen.

    “It also shows that there is no sacred cow; those who think they are above the law now know they are under the law, it does not matter that you are the chief law officer.”

     

    SERAP urges CCB to release details of assets of ex-presidents, ex-governors

     

    Socio-Economic Rights and Accountability Project (SERAP) has requested the Chairman, Code of Conduct Bureau (CCB) Dr Muhammed Isah, to provide information on specific details of asset declarations submitted to the bureau by successive presidents and state governors since the return of democracy in 1999.

    SERAP is seeking information on: “details of asset declarations by successive presidents and state governors between 1999 and 2019, including details of declarations made immediately after taking offices and thereafter, and for those who have left public offices, at the end of their term of office. Information is also sought on the number of asset declarations so far verified by the CCB and the number of those declarations found to be false and deemed to be in breach of the Code of Conduct for Public Officers, by the Bureau.”

    It urged the CCB to disclose, by publishing on a dedicated website, details of asset declarations submitted by presidents and state governors since the return of democracy in 1999; details on the number of asset declarations so far verified by the CCB and the number of those declarations found to be false and deemed to be a breach of the Code of Conduct for Public Officers by the Bureau.

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  • Insecurity: SERAP seeks disclosure of spending on ‘security votes’

    Socio-Economic Rights and Accountability Project (SERAP) yesterday urged President Muhammadu Buhari and the 36 state governors to provide information on specific details of spending of the funds appropriated as security votes between 2011 till date.

    The request, dated April 12, was made under the provisions of the Freedom of Information Act 2011 and signed by SERAP’s Deputy Director, Kolawole Oluwadare.

    In the separate requests to Buhari and the governors, SERAP said: “Given the current security realities in the country, we need the information to determine if public funds meant to provide security and ensure respect and protection of the rights to life, physical integrity, and liberty of Nigerians have been spent for this purpose.”

    It stated that its request is limited to details of visible, specific security measures and projects executed and does not include spending on intelligence operations.

    SERAP urged President Buhari and the governors to: “disclose, including by publishing on a dedicated website, details of spending of public funds appropriated as security votes between 2011 to date, and specific security measures and projects on which such funds have been spent; put in place concrete measures to end the patently unconstitutional, illegal and widespread appropriation of public funds as security votes.”

    It also asked them to establish Joint Security Trust Funds with strong legal framework, oversight and auditing mechanisms, as a permanent replacement for the illegal and unconstitutional appropriation of public funds as security votes.

    The group contended that “Section 14(2)(b) of the 1999 Nigerian Constitution (as amended) provides that the security and welfare of the people shall be the primary purpose of government emphasizing that it is the security of the citizens that is intended and not the security of select individuals in public office.

    It said: “We are concerned that rather than serving the citizens, the appropriation of public funds as security votes over the years would seem to serve high-ranking government officials at all levels.

    “We are also concerned that the practice of security votes entrusts discretionary powers to spend huge public funds on certain elected public officials who may not have any idea of operational issues on security matters.

    “SERAP urges you to open-up on the matter and provide information and documents as requested. This will be one step in the right direction. Unless the information is urgently provided, Nigerians would continue to see the appropriation of public funds as security votes and the institutionalisation of this cash in ‘Ghana Must Go bags’ practice as a tool for self-enrichment.

    “We would be grateful if the requested information is provided to us within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, the Registered Trustees of SERAP shall take all appropriate legal action under the Freedom of Information Act to compel you to comply with our request.

    “The most general purpose of state power is to provide security for citizens and other residents and to enable them lead a life that is meaningful to them. However, the growing level of insecurity, violence, kidnappings and killings in Zamfara State and other parts of Nigeria suggest that successive governments have been unwilling or unable to satisfactorily implement this fundamental constitutional commitment.

    “SERAP believes that there is a strong link between corruption and insecurity, violence, kidnappings and killings in several parts of the country. Available evidence would seem to suggest that many of the tiers of government in Nigeria have used security votes as a conduit for grand corruption rather than spending the funds to improve and enhance national security and ensure full protection of Nigerians’ rights to life, physical integrity, and liberty.”

  • Insecurity: SERAP seeks disclosure of spending on ‘security votes’

    Socio-Economic Rights and Accountability Project (SERAP) has asked President Muhammadu Buhari and the 36 state governors to provide information on specific details of spending of appropriated public funds as security votes between 2011 and 2019.

    The request dated April 12 was made under the provisions of the Freedom of Information Act 2011 and signed by SERAP Deputy Director, Kolawole Oluwadare.

    In the separate requests to Mr Buhari and the governors, SERAP said: “given the current security realities in the country, we need the information to determine if public funds meant to provide security and ensure respect and protection of the rights to life, physical integrity, and liberty of Nigerians have been spent for this purpose.

    It stated that its request is limited to details of visible, specific security measures and projects executed and does not include spending on intelligence operations.

    SERAP urged President Buhari and the governors to: “disclose including by publishing on a dedicated website, details of spending of public funds appropriated as security votes between 2011 to date, and specific security measures and projects on which such funds have been spent; put in place concrete measures to end the patently unconstitutional, illegal and widespread appropriation of public funds as security votes.

    It also asked them to establish Joint Security Trust Funds with strong legal framework, oversight and auditing mechanisms, as a permanent replacement for the illegal and unconstitutional appropriation of public funds as security votes.

    The organization contended that “Section 14(2)(b) of the 1999 Nigerian Constitution (as amended) provides that the security and welfare of the people shall be the primary purpose of government emphasizing that it is the security of the citizens that is intended and not the security of select individuals in public office.

    SERAP said: “We are concerned that rather than serving the citizens, the appropriation of public funds as security votes over the years would seem to serve high-ranking government officials at all levels. We are also concerned that the practice of security votes entrusts discretionary powers to spend huge public funds on certain elected public officials who may not have any idea of operational issues on security matters.”

    The requests read in part: “SERAP urges you to open-up on the matter and provide information and documents as requested. This will be one step in the right direction. Unless the information is urgently provided, Nigerians would continue to see the appropriation of public funds as security votes and the institutionalization of this cash in ‘Ghana Must Go bags’ practice as a tool for self-enrichment.”

    “We would be grateful if the requested information is provided to us within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, the Registered Trustees of SERAP shall take all appropriate legal action under the Freedom of Information Act to compel you to comply with our request.

    “The most general purpose of State power is to provide security for citizens and other residents and to enable them lead a life that is meaningful to them. However, the growing level of insecurity, violence, kidnappings and killings in Zamfara State and other parts of Nigeria suggest that successive governments have been unwilling or unable to satisfactorily implement this fundamental constitutional commitment.

    “SERAP believes that there is a strong link between corruption and insecurity, violence, kidnappings and killings in several parts of the country. Available evidence would seem to suggest that many of the tiers of government in Nigeria have used security votes as a conduit for grand corruption rather than spending the funds to improve and enhance national security and ensure full protection of Nigerians’ rights to life, physical integrity, and liberty. In fact, former governor of Kano State Musa Kwankwaso once described security votes as ‘another way of stealing public funds’.

    “The huge financial resources budgeted for ‘security votes’ by successive governments, at both federal and state levels, have not matched the security realities, especially given the level of insecurity, violence, kidnappings and killings in many parts of the country.

    It said the current security realities in the country would seem to suggest massive political use, mismanagement or stealing of security votes by many governments.

    “SERAP believes that by providing the information, your government would help put an end to any insinuation that security votes are spent on political activities, mismanaged or stolen. This would in turn contribute to better opportunities for citizens to assess the level of spending and commitment of successive governments to ensuring the security of lives and property of the people.

     “We note that the obligation to provide security and protect people’s rights to life, physical integrity, and liberty ought to be a shared responsibility of the federal and state governments, and not just for the federal government, as state governors also appropriate huge public funds each year as security votes. Many governors reportedly hide the security votes in their budgets as the funds are not expressly stated in their appropriation acts.

    “By Sections 2(3)(d)(V) & (4) of the FOI Act, there is a binding legal duty to ensure that details of spending on specific security measures and projects are widely disseminated and made readily available to members of the public through various means, including on a dedicated website.

     “As revealed by a 2018 report by Transparency International (TI), most of the funds appropriated as security votes are spent on political activities, mismanaged or simply stolen. It is estimated that security votes add up to over N241.2 billion every year. On top of appropriated security votes, governments also receive millions of dollars yearly as international security assistance.

    “According to TI, security vote spending exceeds 70 percent of the annual budget of the Nigeria Police Force, more than the Nigerian Army’s annual budget, and more than the Nigerian Navy and Nigerian Air Force’s annual budget combined”, it stated.

  • Corruption still high despite Buhari’s efforts – SERAP

    The Socio-Economic Rights and Accountability Project (SERAP) on Tuesday said that the level of corruption in Nigeria was still high in spite of the efforts of the Muhammadu Buhari administration.

    SERAP made the claim at the launch of the results of a report of a national survey entitled “Nigeria Anti-Corruption Performance Assessment Survey”.

    The event took place in Lagos.

    SERAP came up with the 57-page report in collaboration with UKaid.

    It said that corruption was prevalent in the country in spite of some significant measures by the president toward addressing it.

    According to SERAP, some of the measures are the establishment of the Treasury Single Account, Whistle-Blowing Policy and constitution of the Presidential Advisory Committee Against Corruption.

    NAN reports that the national survey conducted in November 2018 and December 2018, targeted a total of 2,655 respondents selected from seven states spread across the six geo-political zones of Nigeria and Abuja.

    The survey also covered five sectors – Police, Judiciary, Power, Education and Health – in order to assess the state of corruption in public law enforcement and service provision.

    It said: “There was a 63.7 per cent probability that an average Nigerian would be asked to pay a bribe each time he or she interacted with the police.

    “There was a 49.1 per cent probability in the power sector, 27.7 per cent in judiciary, 25.6 per cent in education and 20.5 per cent in the health sector.

    “The police and the judiciary had the largest proportion of total bribes paid at 33 per cent and 31 per cent, respectively.

    “The average amount of bribe paid by the respondents was highest among those who paid to the judiciary at about N108, 000. All the other institutions ranked lower on this variable.”

    SERAP recommended establishment of an independent commission of inquiry to conduct a transparent, comprehensive and impartial investigation into corruption in the five sectors.

    It also suggested legislative and constitutional reforms including amendment of the Code of Conduct Bureau and Tribunal Act to ensure public access to the asset declarations of public officials.

    It equally urged prosecution of liable individuals without delay and according to international fair trial standards, adding that there should be improvement in financial oversight of the five sectors.

    SERAP also urged publication of quarterly budget execution reports by the sectors.

    The Chairman of the occasion, Akin Oyebode, a Professor of International Law and Jurisprudence, lauded the report.

    “We now have a reference point to assess how much we have done in the fight against corruption. The consciousness of corruption cannot be erased.

    “We have accepted corruption as the way of conducting business via kickbacks, bribes or dash. The police who are to sanitise the system are complicit.

    “SERAP is putting Nigeria on the stand as regards what needs to be done as it is not very often you see organisations coming up with a scorecard,” Oyebode said.

    Earlier in his address of welcome, Mr Adetokunbo Mumuni, the Executive Director of SERAP, thanked the Government of the United Kingdom for supporting SERAP in conducting the Survey.

    “I will like to point out importantly that the view expressed in the SERAP report does not reflect the views of the UK Government,” Mumuni said.

  • SERAP sues Fed Govt, states at ECOWAS Court over ‘attacks on reporters, bloggers’

    Socio-Economic Rights and Accountability Project (SERAP) has sued the federal and state governments at the Economic Community of West African States (ECOWAS) Court of Justice, Abuja over alleged frequent and repressive application of the Cybercrime Act to harass, arrest, detain and unfairly prosecute anyone found publishing views or facts perceived to be critical of their administration.

    In the suit filed by its solicitor,  Femi Falana (SAN),  last week at the ECOWAS Court, SERAP is seeking a declaration that the actions of the defendants and its agents and states of the federation in arbitrarily enforcing the provisions of the Cybercrime (Prohibition, Prevention, etc) Act 2015 particularly its section 24 to harass, intimidate, arrest, detain, prosecute and imprison journalists, bloggers, and social media users, violate the rights to freedom of expression, information, opinion and privacy and media freedom.

    He said this is contrary to Articles 6,8,9 and 24 of the African Charter on Human and Peoples’ Rights; Articles 7,9,17 and 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party

    It prayed the court for a declaration that the provisions of the Cybercrime Act 2015 are entirely inconsistent and incompatible with international human rights standards and infringe on the rights to the freedom of expression, information and opinion guaranteed under the African Charter on Human and Peoples’ Rights

    It also asked for a declaration that the continuing use and application by the defendant and its agents and several states in Nigeria of the Cybercrime Act 2015 is illegal and unlawful, as it amounts to breaches of obligations to respect, protect, promote and fulfil the rights to freedom of expression and information and media freedom.

    The organisation, therefore, asked the court for an order directing the defendants to immediately repeal or amend the Cybercrime Act 2015 in line with Nigerian obligations under international human rights law

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

  • SERAP threatens to sue Fed Govt over elections shift

    THE Socio-Economic Rights and Accountability Project (SERAP) has threatened to pursue appropriate legal action against the Federal Government and the National Assembly leadership, following the postponement of Saturday’s election.

    SERAP Deputy Director Kolawole Oluwadare, in a statement issued yesterday, said successive governments since the return of democracy in 1999 and the leadership of the National Assembly should be held responsible for the postponement of the 2019 general elections.

    The organisation promised to deploy the Freedom of Information Act to seek information on details of spending by INEC since 1999, as part of its initiatives to improve transparency and accountability of governmental operations and promote respect for citizens’ right to participate in the processes of government and governance.

    The organisation said postponement of Nigeria’s elections since 2007 has shown a systemic failure of leadership at the highest level of government.

    It regretted that the country’s electoral process is deliberately skewed in favour of politicians’ interests, who continue to profit from the corruption and impunity that have characterised the process since 1999, and against those of the citizens.

    SERAP said: “Calling for the resignation of the Independent National Electoral Commission (INEC) Chairman, Prof. Mahmood Yakubu, rather than addressing the root causes of persistent postponement of elections is a blatant attempt by politicians to scapegoat the electoral commission.”

    The statement read in part: “While the INEC leadership ought to proactively push for reform of the electoral system, successive governments and leadership of the National Assembly that have the legal responsibility, but have remained largely impervious to revolutionary change of the electoral system, should be held to account for this fundamental breach of public trust.

    “Foisting outdated electoral system on Nigerians, and spending huge public funds to sustain it, seems in uneasy tension with constitutional provisions and Nigeria’s international obligations including under the International Covenant on Civil and Political Rights, African Charter on Human and Peoples’ Rights, and African Charter on Democracy, Elections and Governance to which Nigeria is a state party.”

  • SERAP: ministry held no records of failed power project contractors

    THE Ministry of Power, Works and Housing has allegedly said it does not have records of names of contractors and companies that collected money for electricity projects and failed to executive them.

    The ministry, according to Socio Economic Rights and Accountability Projects (SERAP), stated this in its response to a suit seeking “an order for leave to apply for judicial review and an order of mandamus directing and/or compelling the minister, Mr. Babatunde Fashola (SAN), “to provide specific details on the names and whereabouts of the contractors, who collected public funds meant for electricity projects, but disappeared with the money without executing any projects.”

    However, in its letter dated January 27, 2019, the ministry said: “We have searched the ministry’s record and the information you applied for is not held by the Federal Ministry of Power, Works and Housing (Power Sector).”

    The letter signed by Director (Legal Services), Mrs. A.A. Shoetan, on behalf of the minister, read in part: “I am directed to acknowledge the receipt of your letter dated January 4, 2019, in which you applied for request to disclose details of alleged corrupt contractors and companies that collected money for electricity projects but failed to execute any projects. The request has been handled under the FOI Act.”

    Responding to the development, SERAP, in a letter dated February 8, 2019 and signed by its Deputy Director, Kolawole Oluwadare, said public expectation was that government information, when in the hands of any public institutions and agencies, would be available to the public, as prescribed by the FOI Act.

    “The FOI Act should always be used as an authority for disclosing information rather than withholding it.”

    “Indiscriminate attempts to limit disclosure of information of public interest such as the details of the names of alleged corrupt contractors and companies that SERAP is seeking, will undermine the government’s expressed commitment to transparency and accountability.

    “We believe that the predisposition by all public institutions and agencies, including the Ministry of Power, Works and Housing, should be to grant access to public information and not to implicitly deny it. Indeed, disclosure, not secrecy, is the dominant objective of the FOI Act.

    “This objective would be defeated if there is public perception that public institutions and agencies attempt to shield information of public interest from disclosure or abdicate statutory responsibilities”.

    SERAP reminded the minister of the suit it had filed in “court for remedial action and seeking an order to compel you and your ministry to release the information requested”.

    “We urge you to take proactive steps to obtain the information from any other public institution or agency that may be holding the requested information, and to send to us the information without further delay.

    It advised the minister not to wait until the court makes it decision to compel you to disclose the requested information.

  • Fashola to SERAP: we have no record of runaway contractors

    The Ministry of Power, Works and Housing has said that it does not have records of names of contractors and companies that collected money for electricity projects and failed to executive any projects.

    The ministry stated this in its response to the request of Socio Economic Rights and Accountability Projects (SERAP) made sequel to a s

    The suit is seeking “an order for leave to apply for judicial review and an order of mandamus directing and/or compelling the minister, Mr Babatunde Fashola (SAN) “to provide specific details on the names and whereabouts of the contractors who collected public funds meant for electricity projects but disappeared with the money without executing any projects.”

    However, in its letter dated January 27, 2019, the ministry said: “We have searched the Ministry’s record and the information you applied for is not held by the Federal Ministry of Power, Works and Housing (Power Sector).”

    The letter signed by Director (Legal Services),  Mrs A.A. Shoetan, on behalf of the minister, read in part: “I am directed to acknowledge the receipt of your letter dated 4th January 2019 in which you applied for request to disclose details of alleged corrupt contractors and companies that collected money for electricity projects but failed to execute any projects. The request has been handled under the FOI Act.”

    Responding to the development, SERAP in a letter dated  February 8, 2019 and signed by its Deputy Director Kolawole Oluwadare said  public expectation is that government information, when in the hands of any public institutions and agencies, whould be available to the public, as prescribed by the FOI Act.

    “The FOI Act should always be used as an authority for disclosing information rather than withholding it.”

    “Indiscriminate attempts to limit disclosure of information of public interest such as the details of the names of alleged corrupt contractors and companies that SERAP is seeking, will undermine the government’s expressed commitment to transparency and accountability.

    “We believe that the predisposition by all public institutions and agencies including the Ministry of Power, Works and Housing should be to grant access to public information and not to implicitly deny it. Indeed, disclosure, not secrecy, is the dominant objective of the FOI Act.

    “This objective would be defeated if there is public perception that public institutions and agencies attempt to shield information of public interest from disclosure or abdicate statutory responsibilities”.

    SERAP reminded the minister of the suit it had filed in court for remedial action and seeking an order to compel you and your Ministry to release the information requested, we urge you to take proactive steps to obtain the information from any other public institution or agency that may be holding the requested information, and to send to us the information without further delay.

    It advised the minister not to wait until the court makes it decision to compel you to disclose the requested information.

    “Proactively releasing the information to SERAP and publishing it widely will strengthen the proper implementation of the FOI Act, promote accessibility and openness in government as well as show that the government will not shield the affected contractors and companies from accountability.

    “SERAP believes that it should be the practice of your Ministry and indeed other public institutions and agencies to hold and keep records of public information including on names of alleged corrupt contractors and companies with the expectation to release any such information when requested.

    “SERAP believes that even assuming that your Ministry has faithfully searched for the information requested and that the information is not held by your Ministry as claimed, your Ministry should still have taken steps to approach and request from other public institution or institutions that may be holding the requested information, in line with the provisions of the FOI Act.

    “SERAP believes that your response implicitly amounts to a refusal by your Ministry to provide the information requested, as allowed under the FOI Act”, it stated.

    The organization contended that the power and works ministry has a responsibility under Sections 1(1)(2), 2(2)(3)(4), 5 and 9 of the FOI Act to record and keep information about all its activities, operations and businesses, including on the specific names and details of alleged corrupt contractors and companies in order to facilitate public access to any such information.

  • 2019: SERAP sets five-point anti-corruption agenda for Buhari, Atiku, others

    A civil society group, the Socio-Economic Rights and Accountability Project, i(SERAP) has developed a five-point anti-corruption commitments for presidential candidates ahead of the Feb. 16 Presidential Election.

    The News Agency of Nigeria (NAN) reports that Mr Adetokunbo Mumuni, Executive Director, SERAP, unveiled the document at a Pre-Election Public and Enlightenment Session on Anti-corruption on Monday in Lagos.

    The contestants in the presidential poll include the incumbent, President Muhammadu Buhari of the All Progressives Congress (APC), Alhaji Atiku Abubakar of the Peoples Democratic Party (PDP) and Mr Omoyele Sowore of the African Action Congress (AAC).

    Others are Prof. Kingsley Moghalu (Young Progressive Party), Mr Gbenga Olawepo-Hashim (Alliance for New Nigeria), Mr Tope Fasua (Abundant Nigeria Renewal Party) and Mr Ade Byron (Kowa Party).

    Mumuni said Nigeria’s leadership in the next dispensation must demonstrate sufficient will to tackle corruption, which had been the bane of the country’s underdevelopment and wide spread misery among its populace.

    He said to this end, SERAP had developed the five-point anti-corruption commitments for presidential candidates in respect of security votes and power sector corruption.

    According to him, the other commitments include, judicial corruption, establishment of special anti-corruption courts and removal of immunity for president, vice -president, state governors and deputy governors.

    Mumuni said: “We expect that the electorate will demand their candidate’s commitment to these as part of the focal point of their campaign agenda.

    “It is fortuitous in that it is coming at a time when corruption has assumed alarming dimensions in the public and private space.

    “Most importantly so, at a time that we have political gladiators seeking in earnest for attention from the electorate.”

    He said the document was part of SERAP’s contribution to not only guide the political leaders in their delivery of the social contract, but also to hold them accountable for their actions when they attain power.

    Also speaking, Dr. Dele Seteolu, Lecturer, Department of Political Science, Lagos State University (LASU), said the commitments developed by SERAP were capable of setting Nigeria on the right path.

    Seteolu noted that SERAP scheme of security, power, judicial based corruption, removal of immunity clause and creation of special courts were concise and meaningful attempts to engage state officials on the challenge of corruption.

    According to him, the removal of immunity clause and the creation of special courts to adjudicate on corruption related offences were long overdue.

    “There should be political pressure on the political class, especially the presidential candidates to foster legal processes that would lead to the creation of special courts and the extensive reforms of the judicial organ.

    “The allegation of corrupt practices in the judiciary is mind boggling and creates fear in the public space on the prospect of earning justice at the courts.

    “It is imperative to expose every corrupt judicial official for trial with a view to redeeming the bruised image of this organ,” he said

    NAN