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Tag: SERAP

  • ‘N17b election expenses’: SERAP urges Buhari to prosecute beneficiaries

    THE Socio-Economic Rights and Accountability Project, (SERAP) has urged President Muhammadu Buhari to, within 14 days, prosecute those who benefitted from the N17 billion allegedly paid to members of the National Assembly as ‘election expenses’ before they passed  2015 budget.

    The organisation, in an open letter, asked the President to order the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), and/or appropriate anti-corruption agencies “to without delay, investigate the alleged payment of N17 billion to the National Assembly as ‘election expenses”

    It added that “if there is relevant and sufficient admissible evidence”, anyone suspected to be involved should be prosecuted.

    The organisation, in the letter dated June 1 and signed by its deputy director, Timothy Adewale, said it would “institute legal proceedings to compel your government to act in the public interest, if these steps are not taken within 14 days of the receipt and/or publication of this letter”.

    Former Finance Minister under President Goodluck Jonathan government Dr. Ngozi Okonjo-Iweala had alleged on page 80 of her book titled: “Fighting corruption is dangerous”, that “N17 billion was forced into the budget for election expenses of members of the National Assembly with the agreement of its leadership”.

    The funds became the price to pay to have the 2015 budget passed,” she said.

    SERAP noted that the alleged N17 billion “bribe” has increased attention to the growing lack of transparency and accountability of the National Assembly, and the corresponding loss of trust and faith by Nigerians in the budgeting process and disillusionment in their lawmakers.

    It noted that the Attorney General is a defender of public interest and has the powers under Section 174(1) of the Constitution of Nigeria 1999 (as amended), to institute and undertake criminal proceedings against anyone suspected to be responsible for acts of corruption.

  • NLC, SERAP, Sagay, others call for probe

    Former President Olusegun Obasnjo came under fire yesterday following President Muhammadu Buhari’s remark that $16 billion was wasted on power projects, without result, during his administration.

    Although Obasanjo said the National Assembly had already cleared him of any wrong doing and thatb he was ready for probe on the spendings, a cross section of eminanet Nigerians who spoke to our correspondents said the issue should not be swept under the carpet.

    Presidential Advisory Committee Against Corruption (PACAC) Chairman Prof Itse Sagay (SAN) said former President Obasanjo ran one of the most corrupt administrations in Nigeria’s history.

    He said Obasanjo acts like a saint when he is the “most stained” person around.

    Asked if Obasanjo should be probed over the $16billion allegedly spent on power without result, Sagay said: “, I think he should be probed. You see, President Buhari has been very generous and mild towards his predecessors, not wanting to cause discomfort and embarrassment for them out of respect for the positions they held.

    “But, Obasanjo is a man who does not respect himself, who thinks he is the President-General of Nigeria for life and has a right at any time to wade in and be very caustic and publicly insulting to his successors, just because he’s envious of the same position he held. He cannot detach himself from the Presidency.

    “I think he needs to be brought to order. He has been tolerated enough in this country. The President’s remark was very appropriate and more and more should come because Obasanjo ran one of the most corrupt governments this country has ever seen.”

    Asked if the Federal Government can prosecute Obasanjo, Sagay said: “It is possible but not likely. It is possible in the sense that there are issues like Siemens, Halliburton, funding for his library, and not to talk of this electricity thing.

    “But, because people decide to be quiet and let bygones be bygones, he won’t allow peace to prevail; he must raise dust and behave like a saint when you’re the most stained person around. He may bring it on his own head if he is not careful.”

    Another Senior Advocate of Nigeria, Chief Emeka Ngige, urged the anti-graft agencies to do their work- no matter who is involved.

    He said:”I believe there was a report of the House of Representatives Committee on Power that indicted President Obasanjo in 2008 for various infractions on power sector contracts during his regime . The committee recommended that EFCC or ICPC should do further investigation and possibly prosecute him, if found culpable. That report was kept in a deep freezer till date.”

    Obasanjo says the report and that of the EFCC exonerated him.

    “So, the remark by President Buhari is not new. I still believe that the EFCC or ICPC should do the job as recommended by the House. The earlier we started jailing our present and past leaders who made Nigeria a fantastically-corrupt nation the better for our democracy,” Ngige said.

    A former Nigerian Bar Association (NBA) President and leader of the National Intervention Movement (NIM), Olisa Agbakoba (SAN), called for strong measures against all those found culpable over the $16billon spending.

    He, however, said he does not see the present leadership as being capable of taking a tough action on the matter.

    “Unfortunately, our leaders always trade words and nothing gets done. A new government should get down to real business in 2019 and take a strong action against all who are culpable; enough of panels but very tough action. We in NIM will do it. Extremely strong measures,” he said.

    Malam Yusuf Ali (SAN) is doubtful if anything would come out of any probe.

    His words: “Given the history of probes in our country, it usually leads to nothing and the country ends up spending more good money to look for hay in the sack. If there are issues that are worthy of investigation on the matter, let us get world renowned auditors to do forensic audit since money was involved. The Elumelu House of Representatives probe on power – what came out of it?

    “Nigerians are tired of this blame game! People got elected to fix the country. Please let them fix Nigeria so that we stop the brain drain. We will have functional hospitals so that public officials stop wasting our money on external treatment of simple ailments. Name calling won’t change our situation.”

    Constitutional lawyer Ike Ofuokwu urged Buhari to face his job and stop playing politics, adding that he should be courageous enough to charge Obasanjo if there is evidence against him.

    He said: “The comment of President Buhari is simply a political statement geared towards 2019 election. This is a government that claims that it’s fighting corruption, so if it has thoroughly done its findings and is satisfied that former President Obasanjo has dipped his hands into the national treasury, the only reasonable thing expected of her is to be courageous enough to put the process of prosecution in place and arraign the former president in a court of competent jurisdiction.

    “Otherwise, Nigerians are simply tired of media trial and propaganda that brings no conviction. Sometimes, I begin to think that the Buhari government is barren of progressive ideas. Nigerians are aware of the many profligacies of the past, hence voted him to power. He’s almost run out of his four years mandate and instead of moving the nation forward, he continues to put the nation in reverse motion.”

    A Senior Advocate of Nigeria, Mr Ahmed Raji, urged Nigerians not to sensationalise the issue.

    “Both Baba Obasanjo and President Buhari have exclusive rare grace of presiding over the affairs of Nigeria in uniform and as civilians. And the history of Nigeria can never be complete without a substantial mention of their names, especially the great Ebora Owu.

    “When President Obasanjo wrote the recent open letter to President Buhari, it was reported that the President reluctantly allowed his Information minister to react by only listing their achievements.

    “President Buhari has tremendous respect for Baba Obasanjo on account of seniority in age and military service, hence he made it clear that his Information minister should not join words with President Obasanjo. I advise all to draw a lesson from that episode and not get involved,” Raji said.

    NLC calls for probe as SERAP asks Buhari to refer ex-presidents to EFCC, ICPC

    The Nigeria Labour Congress (NLC) said President Buhari’s comment on the “wasted” $16billion on power should be looked into.

    The Socio-Economic Rights and Accountability Project (SERAP) said thePresident should refer two of his predecessors to the anti-graft agencies for their role in the waste of public fund.

    NLC Secretary General Peter Oso-Eson said if there is evidence on the allegation, nothing shuld stop its investigation.

    He said anybody that is found guilty should be prosecuted, adding that there is need for transparency in the anti-corruption drive of the Federal Government.

    “If there is any evidence on this allegation, then those found guilty should be prosecuted because there is nobody above the law

    “This should be a sign that the government is serious about its anti-corruption campaign,” Oso-Ezon said.

    General Secretary National Union of Textiles, Garment and Tailoring Workers of Nigeria (NUTGTWN) Issa Aremu said the former President is expected to account for the seed money. He said it is very wrong for the former president to say we should go and read his book.

    He said if such money is spent on power as alleged by the President, then the question is, why are we still in darkness? Where is the power?

    “Obasanjo should not be saying they should go and read his book. It is wrong for a statesman to make such pronouncement.

    “The former President is expected not to make a self defence, but he should defend or tell us the reason why the country is still in darkness. As I said, Obasanjo should not be saying, they should go and read his book. It is unlike a statesman. Having spent such amount on power and nothing to show for it, I think the former President needs to tell Nigerians what happened,” Aremu said.

    SERAP called for further probe of the alleged mismanagement of 16 billion dollars power projects between 1999 and 2007.

    In a statement by its Executive Director Adetokunbo Mumuni, the organisation urged President Buhari to urgently refer the case to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for further investigation.

    It said the alleged squandering of over N11 trillion meant to provide regular electricity supply covering the governments of former Presidents Olusegun Obasanjo, Umaru Musa Yar’Adua and Goodluck Jonathan, should also be investigated.

    It called for the prosecution of anyone involved in the matter “if there is relevant and sufficient admissible evidence’’ at the end of the probe.

    SERAP said it welcomed Buhari’s focus on the allegations of corruption and mismanagement in the power sector, and urged him to expand his searchlight beyond the Obasanjo government.

    “It is only by pursuing all the allegations and taking the evidence before the court that the truth will be revealed and justice best served.

    “This is the only way to conclusively address the systemic corruption in the power sector and an entrenched culture of impunity of perpetrators.

    “Addressing impunity in the power sector should be total. This would help improve the integrity of government and public confidence and trust in their government.

    “It would also serve as a vehicle to further the public’s perception of fairness and thoroughness, and to avert any appearance of political considerations in the whole exercise.’’

    The organisation noted that it would be in the public interest in line with constitutional provisions for the Buhari administration to immediately pursue justice and recovery of any stolen asset in the power sector.

  • SERAP to court: order Saraki, other senators to refund N13.5m monthly allowance

    A RIGHTS group, Socio-Economic Rights and Accountability Project (SERAP), has asked a Federal High Court in Lagos to order Senate President Bukola Saraki and other senators to refund the N13.5 million monthly allowance being received by them with interest.

    The organisation prayed the court to stop the lawmakers from receiving such allowance henceforth.

    It made the request in a suit filed on Monday before the court by a legal counsel Ms Bamisope Adeyanju.

    The defendants in the suit are the Senate President and the Attorney General of the Federation and Minister of Justice Abubakar Malami (SAN).

    SERAP urged the court to declare “that the N13.5 million allotted to each senator per month as running cost aside their salaries and allowances is in breach of the provisions of section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the Certain Political, Public and Judicial Office Holders Act”.

    The group urged the court to declare the money as “illegal, unconstitutional and unjustified having regards to section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the Certain Political, Public and Judicial Office Holders Act 2008 and the Appropriations Act”.

    SERAP is also seeking an order of the court “directing the defendants to stop allotting N13.5 million to each senator per month as running cost, the said sum being illegal and unconstitutional”.

    The group is also seeking:

    “An order compelling the second defendant to call for immediate investigation by the appropriate federal agency on the use to which the said sum was put to by the first defendant and his colleagues; and

    “An order directing the defendants to make public the findings of the investigation by publishing same in at least two national dailies and other orders as the may deem fit to make in the circumstance of this suit.”

    SERAP claimed to have learnt of this illegal act through Senator Shehu Sani, representing Kaduna Central, who revealed that he and his colleagues receive N13.5 million monthly aside their salaries and allowances.

    “The Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC), the constitutional body responsible for fixing public officials’ salaries and allowances, has declared the said sum of N13.5 million running cost of the Senate President and other senators as illegal.”

     

  • How 55 politicians, others stole N1.354tr between 2006 – 2013, by SERAP

    A report by the Socio-Economic Rights and Accountability Project (SERAP) has revealed how 55 politicians, high-level public officials and leaders allegedly stole N1, 354 trillion between 2006 and 2013 from the nation’s treasury.

    This was contained in a report, titled: “Letting the big fish swim: How those accused of high-level corruption are getting away with their crimes and profiting from Nigeria’s legacy of Impunity”, presented on Wednesday to the media in Lagos.

    It was coordinated by a Senior Lecturer of Law, Litigation and Professional Ethics at the Nigerian Law School, Abuja Campus, Dr. Esa Onoja.

    The event, supported by Trust Africa, was chaired by the Deputy Director, Macarthur Foundation, Oladayo Olaide.

    It was attended by activist lawyer Femi Falana (SAN); Special Assistant to the President on Anti-corruption and Coordinator of the Open Partnership Government Mrs. Juliet Ibekaku; a former member of the Lagos State House of Assembly, Mr. Babatunde Ogala; representative of Trust Africa Mr. Chinedu Nwagu; Mr. Joy Esezebor of Ford Foundation; Department for International Development (DFID), Southwest Regional Coordinator David Ukagwu and a lecturer in the Faculty of Law, University of Lagos Mr. Wahab Shittu.

    Others include: former Lagos NBA Chairman Mr. Martin Ogunleye; Miss Jennifer Ogbechi representing Mrs. Mariam Uwais; Mr. Collins Okeke, representing Dr. Olisa Agbakoba; members of the media, civil society groups and representatives of anti-corruption agencies.

    Giving an insight into the report, Onoja noted that the amount embezzled, misappropriated or stolen by public officials and leaders in the private sector between 2013 and 2017 has galloped beyond the contemplation of average Nigerians.

    He claimed that evidence abound that judges, judicial officers, lawyers and military officers are participants in the pillage of national wealth.

    According to him, “while the main anti-corruption agencies secured more than 1,500 non-high profile convictions between 2000 – 2017, they could only muster 10 high profile convictions between the periods”.

    He added: “In the investigation, prosecution and trial of high profile corruption cases in Nigeria, justice is imprisoned by snares contrived by actors in the legal community in aid of looters.”

    The report listed high profile cases of corruption prosecuted by anti-corruption agencies between 2000 and 2017 as “numbering 177 out of which 167 are pending.

    Total convictions are just 10, of which only three convictions were obtained after full trial and seven convictions were based on plea bargaining.

    Yet one of the three convictions based on full trial was discharged by the Supreme Court and three of the seven convicted were granted presidential pardon.

    Onoja noted that most corruption cases against high profile defendants witnessed delays tactics by defendants to truncate fair trial.

    Falana, in a remark at the presentation, disagreed with some contributors who blamed the judiciary for the delay in meting out justice to corrupt politicians and other persons.

    “Nigerians should stop rubbishing all judges and lawyers. No doubt, there are a few corrupt judges and lawyers. Just a few. But majority of members of the legal profession are not corrupt. Our duty as concerned citizens is to identify and isolate the bad judges and lawyers”, he said.

    According to him, “I can say without any fear of contradiction that the judiciary has developed an inbuilt mechanism to remove bad judges. Between 1999 and 2017, not less than 100 judges have been sanctioned. No other institution in Nigeria can boast of that record.  SERAP deserves commendation for elevating the debate about corruption beyond the adoption of Fela Anikulapo-kuti’s record entitled: ‘Authority Stealing’ unlike the two parties singing ‘you be thief, I no be thief’.

    Falana, however, added that “with the abolition of stay of proceedings, politically exposed persons and their lawyers are no longer permitted to frustrate their prosecution.”

     

     

  • SERAP to Buhari: don’t grant Boko Haram amnesty

    A Nigerian Civil society group, Socio-Economic Rights and Accountability Project (SERAP) has kicked against President Muhammadu Buhari planned granting of amnesty to members of the Boko Haram terrorist group.

    SERAP in letter dated 23 March 2018 and signed by SERAP deputy director Timothy Adewale the organization said Boko Haram should not be allowed to escape the consequences of their crimes if the authorities are to prevent a cycle of revenge leading to further violence and conflict.

    It said government should instead “prioritise justice for the victims of Boko Haram and help them to rebuild and get on with their lives rather than pushing to remove accountability for the mass atrocities committed against millions of Nigerian women, men, children and the elderly, and allowing those responsible to escape justice.”

    According to the organization, The international community is pushing for accountability for those who commit the worst of human crimes, and longer tolerating amnesty for war crimes, crimes against humanity or other gross violations of human rights.

    “Any amnesty for Boko Haram would take away the rights of the victims to justice, ignore the needs of the internally displaced persons, and never bring ‘closure’ to the mass atrocities committed by the group against Nigerians. The victims need to know the truth about what happened, and the alleged complicity of our armed forces and security services in the atrocities committed by the group. The offer of amnesty would prevent the government from addressing these fundamental issues.”

    “Indeed, both individual victims and Nigeria would be disadvantaged by any amnesty to Boko Haram. Besides depriving the country of its opportunity to bring perpetrators to justice, it would also help to create a culture of impunity where perpetrators can anticipate immunity, and thus jeopardize the governing power of the authorities in the future.”

    “We contend that impunity for international crimes and systematic and widespread violations of fundamental human rights is a betrayal of solidarity with the victims of Boko Haram to whom the authorities owe a duty of justice, remembrance, and compensation.”

    “The pursuit of justice and accountability fulfils fundamental human values, helps achieve peace, and contributes to the prevention and deterrence of future violence. Thus, to grant amnesty to Boko Haram is to choose expedience over lasting goals and more enduring values.”

    “SERAP is seriously concerned about the government’s offer of amnesty to “repentant members of Boko Haram sect willing to surrender their arms and embrace peace.” We note that any amnesty for Boko Haram involved in serious human rights violations would be contrary to Nigeria’s international obligations and commitments, including under the Rome Statute of International Criminal Court, the International Covenant on Civil and Political Rights and the African Charter on Human and People’ Rights.”

    It also said granting amnesty to Boko Haram would be an open violation of the Nigerian Constitution of 1999 (as amended) and international law.

    “We contend that any amnesty for Boko Haram with blood stained hands would serve no public interests in terms of the actual reduction of impunity for human rights crimes or deterrent effect. The authorities would never be able to get to the root of the causes of Boko Haram. Nigerians would not know the truth about the factors that continue to fuel the activities of Boko Haram if the authorities go ahead to grant members of the terrorist group amnesty.”

    “We also contend that every state, including Nigeria has clear obligations to investigate, prosecute and punish or extradite individuals accused of crimes under international, who are present in a territory under its jurisdiction. We are concerned that the proposed amnesty for Boko Haram would have the effect of restricting such important international norms.

    “We look forward to engaging with your government on the steps it is taking to take forward the above proposed recommendations to ensure that justice for the victims of Boko Haram is not forsaken for amnesty and impunity for perpetrators.”

  • SERAP asks UN Council label killer herdsmen as terrorists

    Nigeria’s human rights group, Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to the UN Security Council and its members  asking that they appeal to the government  to end killings and destruction of property by suspected herdsmen across Nigeria.

    The organisation urged the council members to visit Nigeria for an on-the-spot assessment.

    The organisation also asked the Council to: “treat the atrocities by herdsmen as terrorist acts, in line with the UN Security Council resolution 2349 (2017), which addresses Boko Haram’s presence in the Lake Chad Basin and calls on all states to combat all forms and manifestations of terrorism.

    “Declaring attacks by herdsmen as terrorist acts would help wake up the authorities to seriously address the threats posed by herdsmen and combat the crimes against humanity being committed against Nigerians.”

    In the letter dated 16 March 2018 and signed by SERAP deputy director Timothy Adewale,  the organisation expressed “serious concern that the government of President Muhammadu Buhari is failing to uphold its responsibility to protect the citizens from increasing atrocities by the herdsmen.

    To SERAP,  the continuous atrocities would pose serious threat to regional peace and security, and by extension, international peace and security.

    “The Security Council must act now to protect Nigerians, including women and children, if the Council is not to be accused of failing the people of Nigeria.”

    SERAP said:  “The attacks by herdsmen have uprooted families, destroyed communities’ socio-economic activities, and taken away their livelihoods and common heritage. These attacks undermine the very purposes and principles of the UN Charter. If not urgently combatted, such attacks may rise to the level of threat to international peace and security. SERAP notes that the first ‘purpose’ listed for the UN is to maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace.”

     “SERAP urges the Security Council and its members to publicly condemn these terrorist attacks, express concern about the protection of Nigerians and communities affected by the violations of international humanitarian and human rights law and press the authorities to put in place special mechanisms for bringing those suspected to be responsible to justice, and victims to receive redress, including adequate compensation and guarantee of non-repetition.”

    “The Security Council and its members should reaffirm that terrorism of all forms and manifestations, such as the growing attacks by herdsmen in Nigeria, are criminal and unjustifiable regardless of their motivations. They should also recognise that security, development and human rights are interlinked and mutually reinforcing and are vital to an effective and comprehensive approach to countering all forms of terrorism in Nigeria.”

    “The Security Council and its members should adopt a resolution to: Characterise killings by herdsmen as terrorist acts and mobilise international support for Nigeria to combat these attacks, including for the authorities to adopt and implement measures to tackle the causes and consequences of these attacks and end all forms of terrorism in the country.”

    “The resolution should also call on the UN Secretary-General to carry out a joint visit to Nigeria with the High Commissioner for Human Rights, Chairperson of the African Union Commission, and the African Union Peace and Security Council to investigate allegations of killings by herdsmen and to better understand the root causes of these killings and put pressure on the Nigerian authorities to end them.”

  • SERAP asks Buhari to take TI’s corruption ranking as ‘wake-up call’

    SERAP asks Buhari to take TI’s corruption ranking as ‘wake-up call’

     

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to see the Transparency International’s Corruption Perception Index (CPI), of the country as a wake-up call to renew its oft-expressed commitment and raise its game to fight both grand and petty corruption and end the legacy of impunity rather than simply dismissing the survey as ‘fiction’.”

    According to Transparency International’s report, the perception of corruption has worsened under President Muhammadu Buhari. The report showed that the perception of corruption in Nigeria worsened between 2016 and 2017. But the presidency has criticized the global watchdog, saying that TI was publishing fiction.

    Reacting to the development, SERAP in a statement by its deputy director Timothy Adewale said, “While TI’s index only measures perceptions of corruption, their findings correspond substantially with the reality of impunity of perpetrators, as demonstrated by the low conviction rate, the authorities’ slowness to adopt and implement critical reforms, appearance of selectivity in the anti-corruption fight, apparent complicity of key officials and cover-up, as well as unaddressed alleged corruption against several state governors.

    The organization urged the authorities to take the report seriously and use it as an opportunity to raise their game in their efforts to rid our country of corruption and underdevelopment.”

    “The government should make no mistake about this: Nigerians know corruption when they see it. Rather than simply criticizing TI as publishing fiction or going after its board members, the government should accept the fact that its oft-expressed commitment to fight corruption has not gone to plan.”

    The statement read in part: “The CPI may not be perfect, and in fact no index is. The CPI may not show actual evidence of corruption in the country, but perceptions are commonly a good indicator of the real level of corruption. In any case, the devastating effects of corruption in virtually all sectors providing essential public services are too glaring for Nigerians to ignore.

    “While the government may have blocked some leakages in the systems and reduced the level of impunity witnessed under the previous administrations, it has not done enough to address longstanding cases of corruption, and the appearance of selectivity in the prosecution of corruption allegations especially when such cases involve those close to the seat of power. Today, corruption still constitutes one of the greatest threats to the country’s sustainable and equitable development.”

    SERAP noted that almost three years after taking office, and promising to fight grand corruption, no ‘big fish’ suspected of corruption has yet been sent to jail.

    It noted that the situation has not significantly improved, and it seems unlikely that many of those facing grand corruption charges will be successfully prosecuted stressing that Nigerians need to see real commitment and heavy investment in promoting a culture of clean government, and total obedience to the rule of law.

    It argued: “Possessing the political will to fight corruption is not in itself enough if it’s not sufficiently demonstrated. Buhari should take the CPI to heart and initiate and actively facilitate the passing of tough anti-corruption laws, strengthening the capacity and independence of anti-corruption agencies, substantially improving the criminal justice system, obeying decisions and judgments of our courts, and ensuring the passing of the Whistle-blower Bill.

    “Buhari can’t fight corruption successfully without significantly improving on the tools used by his predecessor, former President Goodluck Jonathan. The government should as a matter of urgency implement governance reforms to advance effective functioning of government institutions, strengthen the quality of democratic institutions and rule of law, and reducing corruption, if Nigeria is ever going to improve on its global anti-corruption ranking.

    “Public officials still use political power to enrich themselves without considering the public good. Selective application of the law is a sign that the law is not being followed strictly enough, and that the fight against corruption is not maximally prosecuted.”

    The organization remarked that “corruption is taking place every day and every hour, especially in the power sector, the education sector, the water sector, the health sector and other important public sectors in several states of the federation, and federal ministries.

    “Corruption continues to directly affect the lives and well-being of millions of Nigerians across the country, and to erode public trust in public institutions and leaders, threatening the foundation of our democracy.

    “There is uneven implementation of the rule of law and democratic processes, limited citizen participation in policy processes, and deliberate disobedience of court orders and judgments, such as the judgment of Justice Mohammed Idris of the Federal High Court obtained by SERAP, which ordered the government to publish widely how recovered stolen funds since the return of democracy in 1999 have been spent.

    “The best measure of a country’s progress toward transparency and accountability is a total obedience to the rule of law.  The law ought to command the highest levels of respect by for example, the government immediately obeying orders and judgments of competent courts. The fight against corruption won’t succeed if the government continues to selectively adhere to law or refuse to rectify any disobedience. No country in which official position and orders claim a place in people’ s minds higher than the law can truly be said to fight corruption.

    “Democracy works only if the people have faith in those who govern, and that faith is bound to be shattered when high officials and their appointees engage in activities which arouse suspicions of malfeasance and corruption”, it added.

  • SERAP to Buhari: publish details of fraud in social programme, Malabu deal

    SERAP to Buhari: publish details of fraud in social programme, Malabu deal

    THE Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to publish details of the alleged fraud and stealing of about N1 trillion budgeted for the Social Investments Programme (SIP).

    It urged President Buhari to order Minister of Justice and Attorney General of the Federation Mr. Abubakar Malami (SAN) and Minister of Finance Mrs. Kemi Adeosun to publish  details on the alleged stealing  in the SIP, including the exact amount of the $321 million of the late Head of State, Gen. Sani Abacha, recently returned by Switzerland and those affected by the fraud.

    The organisation also urged the President to “instruct appropriate authorities to publish details of how his government plans to spend and monitor the spending of the $85 million returned by the United Kingdom (UK) from the controversial Malabu deal involving $1.6 billion, so as to remove the risks of corruption or mismanagement of the money.”

    The Special Adviser on SIP, Maryam Uwais, had last week reportedly disclosed that the Economic and Financial Crimes Commission (EFCC) was invited to probe ‘massive fraud’ and other corrupt practices like short-changing, racketeering, harassment of beneficiaries and exploitation of the vulnerable plaguing the scheme in some states.

    SERAP, in a statement yesterday by its deputy director Timothy Adewale, while  welcoming the reported disclosure of fraud and corruption in the SIP, urged the EFCC to probe the allegations related to the two agencies.

    “We are concerned that sufficient details about the allegations have not been disclosed. Nigerians have the right to know more about the allegations, including the names of the states involved, and whether the recently returned $321 million Abacha loot was affected by the reported fraud and corruption,” SERAP stated.

    The organisation argued: “It is important for the government to identify and remove the risks of corruption in the SIP as fast as possible and let Nigerians know the exact steps the authorities are taking to protect public funds, including the returned Abacha loot, in the implementation of the SIP.”

    It stated that part of the approach could include naming and shaming the states and contractors involved, to serve as deterrent to others and to preserve the integrity of the SIP.

    Mrs. Uwais had reportedly said that “a total of 7,812,201 Nigerians are direct beneficiaries of the SIP, which include home-grown school feeding programme, conditional cash transfer, N-Power; while secondary beneficiaries – mainly farmers and cooks – are about 1,500,000. The total actual spending on SIP in 2016 and 2017 is just 15.58 percent of the budget. Half a trillion naira had been budgeted for each of the two years, meaning that only N158 billion had been released and spent.”

    She added that challenges encountered so far had been “Corrupt practices in the states, like shortchanging, racketeering and harassment of beneficiaries; exploitation of the vulnerable. Some officials had siphoned money to illegal bank accounts”.

    The Federal Government established the National Social Investments Programmes (NSIP) in 2016, to tackle poverty and hunger across the country.

     

  • Falana, SERAP, others accuse universities of corruption

    Activist lawyer, Femi Falana (SAN) and Socio-Economic Rights and Accountability Project (SERAP), have alleged a grand cover up of high level corruption and other impunity in federal universities.

    They made the claims in Lagos at the presentation of a new report by SERAP titled: Stealing the future: How federal universities in Nigeria have been stripped apart by corruption. The study was done with the support of MacArthur Foundation.

    The report was presented to the media by Associate Professor of Business Administration and Marketing, Faculty of Business Administration, University of Lagos (UNILAG) Dr. Bolajoko Dixon-Ogbechi Nkemdinim.

    Falana alleged that the bulk of the funds meant to improve the universities end up in the pocket of the contractors. He said the leakages occur because projects that should have been implemented by university communities were being awarded to external contractors.

    He lamented that despite the pendency of an agreement with the Federal Government signed in 1992,  the Academic Staff Union of Universities (ASUU), students unions and others that should have been monitoring disbursement and expenditure of funds in tertiary institutions failed to carry out their responsibilities, thereby making it easy for corruption to be perpetuated.

    Falana said based on the 1992 agreement, the Federal Government  was compelled to enact the Tertiary Education Trust Fund Act, which established TETFUND as an intervention agency charged with managing, disbursing and monitoring the education tax to public tertiary institutions in Nigeria.

    He said TETFUND announced the commencement of activities to kick-start the 2017 disbursement of N213 billion to the tertiary institutions.

    “Neither ASUU nor any of the campus unions monitored the disbursement of the funds. Also, how many companies are paying two per cent of their annual profit to support our university system?

    “If TETFUND can disburse N213 billion in one year,  it is my view that if the education tax  is well managed, it will go a long way in addressing the crisis of underfunding of our tertiary institutions,” he said.

    Falana suggested that incessant industrial action by the unions would not be necessary if the unions had enforced the agreement, particularly the monitoring of the use of the funds.

    He also noted that following the change in the management of the Joint Admission Matriculation Board (JAMB), its Registrar, Prof Ish’haq Oloyede recently paid N5billion to the (Treasury Single Account (TSA), being  money  realised from the sale of admission forms to applicants last year.

    “While on the other hand,  university administrators have not accounted for the money realised from the sale of post-jamb examination forms,” Falana noted.

    He added: “It is high  time ASUU established  a committee for the purpose of monitoring the management of public funds in the universities, the collection of the two per cent education tax by all registered companies in the country and the disbursement of fund to universities by TETFUND.

    “Unless the public funds allocated to the universities are judiciously spent by the management , it is morally indefensible  on the part of ASUU to continue to embark on industrial action to press for adequate funding of tertiary institutions and improved working conditions of the staff.”

    Nkemdinim, in the 58-page report, said grand corruption in federal universities included “unfair allocation of grades; contract inflation, truncation of staff salaries on the pay roll; employment of unqualified staff; Senator Dino Melaye’s certificate scandal saga; examination malpractices; sexual harassment; issuance of results for expelled student to graduate; while sales of university certificates for undeserving persons have neither been thoroughly investigated nor punished.”

    According to the report, “Other cases of corruption being covered up are: falsification of results; extortion of students; late payment of money due to staff for examination invigilation, excess workload and other allowances; and collection of bribes before signing official documents; intimidation and victimisation by superior officials; promoting preferred staff ahead of others who are equally or more qualified; and deliberately delaying the progress of Ph.D candidates because of departmental politics.

    ”We also found cases of lecturers writing students’ research projects and extorting fees from them; students fronting for lecturers to extort from other students; stealing and misappropriation of university funds; falsification of age; diversion of funds; and ghost workers syndrome; impersonation during examinations; forgery; and diverting internally-generated revenues into personal account.

    “We also found several unresolved cases of diversion of university funds for personal use; embezzlement, mismanagement, unmerited allocation of hostel accommodation, discrimination in the allocation of staff quarters; certificate/transcript racketeering; improper use of university assets; inflation of cost of contracts, award of contracts to friends or relatives; and admission racketeering by non-staff”, Nkemdinim said.

    She lamented that impunity for corruption in the university system has negatively affected the governance of federal universities and the quality of education received by the students.

    “Most of the time lecturers miss classes and they never get punished. Getting a job in the universities is not the question of merit but of connections. Ghost workers syndrome is a problem in the universities”, she noted.

    According to the report, “there have been cases where staff have used their official status to prevent the administration of justice in their units/departments; universities sometimes recruit mediocre or totally unsuitable candidates in preference to candidates of high merit. Most of the time when non-academic staff are not at their duty posts they never get punished. People with questionable degrees/qualifications paid bribes to get into the university system. In several cases, people are employed by federal universities through connection with political authorities.”

    The report, used UNILAG and Ahmadu Bello University, Zaria as case studies, listed other corrupt acts as: “Bribery to get a position; NYSC mobilisation before graduation; facilitating fake transcripts; short-circuiting employment procedures; auctioning university assets without authorisation; politicised disciplinary action; inflated contracts, admission irregularities and racketeering, result falsification; nepotism; sexual harassment; examination question leakages, abetting examination malpractices; and deliberate poor invigilation of examinations.”

    The report read in part: “The focus on federal universities is important because the Federal Government of Nigeria is the custodian of tertiary education at the national level …”

    The report advised university authorities to publish and blacklist individuals guilty of corrupt practices. It suggested total adherence  to provisions designed to ensure the proper conservation and use of resources entrusted to staff in the performance of their jobs in the university’s condition of service.

    It further recommended that unions and other stakeholders should be involved in deciding how funds are to be used for projects in the universities, as well as in developing sanctions for staff who do not report corrupt practices.

  • SERAP to Buhari: End obstruction of justice by SSS, NIA

    SERAP to Buhari: End obstruction of justice by SSS, NIA

    Socio-Economic Rights and Accountability Project (SERAP) on Wednesday condemned the “face-off between officials of the Economic and Financial Crimes Commission (EFCC), those of the State Security Service (SSS), and National Intelligence Agency (NIA).

    The Agency described the face-off as counter-productive to the fight against grand corruption”, and urged “the government of President Muhammadu Buhari to urgently instruct the leadership of the SSS and NIA to allow anti-corruption agencies to carry out their mandate without any interference whatsoever.”

    In a statement signed by the Deputy Director, SERAP, Timothy Adewale the organization said that, “Preventing the arrest of a former Director-General of the Department of State Services, Mr. Ita Ekpeyong; and a former Director-General of the National Intelligence Agency, Ambassador Ayo Oke so that they are unavailable to answer the charges of corruption against them amounts to abuse of power and obstruction of justice. It is patently contrary to Nigerian law and international standards such as the UN Convention against Corruption to which Nigeria is a state party.

    The statement reads in part: “Nothing more fundamentally undermines public confidence in the fight against grand corruption and trust in government than to see state security agencies paid for by public funds apparently aiding and abetting those suspected of engaging in corruption to escape justice.

    “Obstructing the work of anti-corruption agencies is a textbook case of interference with the orderly administration of law and justice, which can send a particularly damaging message that the government may not be truly committed to the fight against corruption. This may, in turn, affect the government’s whistle-blower policy and discourage the public from coming forward and providing the authorities with useful evidence of grand corruption.

    “By moving speedily to stop this kind of behaviour by the SSS and NIA officials, Buhari would be making clear that under his watch those accused of grand corruption would not be allowed to circumvent the law no matter their status in the society.

    “Protecting suspected perpetrators from facing justice for corruption may suggest that officials of SSS and NIA are trying to cover up allegations of corruption against those involved.

    “Fighting corruption is not just for the EFCC alone or any corruption-specific mandate agencies, but it is for all state security officials and law enforcement agencies to cooperate and work together to support the government to achieve its oft-repeated commitment to combat grand corruption and impunity of perpetrators. Buhari must wade in to end this face-off if his government is to successfully stop the spread of corruption in the country and protect the integrity and authority of anti-corruption agencies.

    “According to reports, the EFCC officials tried to arrest the former head of the NIA, Ayo Oke, and former head of the SSS, Ita Ekpeyong, from their homes on Mamman Nasir Street in the Asokoro district of Abuja but were resisted by armed security agents of the two agencies.”