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Tag: SERAP

  • ‘US refuses to release Abacha loot because it’s in dollars’

    ‘US refuses to release Abacha loot because it’s in dollars’

    The United States (US) Government has laid claim to hundreds of millions of dollars stashed abroad by the government of the late military ruler, Sani Abacha.

    The Americans allegedly told a court in an unnamed foreign country that it had an interest in the loot because it was saved in its currency, the US dollar.

    Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN) and rights activist Mr Femi Falana (SAN) made the claims yesterday in Lagos.

    Malami, guest speaker Falana, Chief Chairman, Special Investigative Panel on Assets Recovery Okoi Obono-Obla, among others, were participants in a seminar organised by the Socio-Economic Rights and Accountability Project (SERAP).

    The seminar with the theme: Promoting Transparency and Accountability in the Recovery of Stolen Assets in Nigeria: Proposals for Reform, was organised in collaboration with Ford Foundation, USA.

    The AGF, who was represented by his Senior Special Assistant on White Collar Crimes, Mr Abiodun Aikomo, gave the hint of the US’ involvement in the case while condemning public officials who ferry their loot abroad.

    He said: “We have seen instances where the Federal Government of Nigeria engaged counsel to recover our stolen assets and the matter went on for many years. 

    “On the eve of a judgment, the government of a country filed an application for joinder, this was a matter that was on for seven years and judgment was going to be delivered the next day.

    “The government of the country filed, saying ‘Even though the money is not kept in our bank, even though you would think we do not have any connection with the funds, the money is in our currency and we are talking about hundreds of millions in our currency. So, if you’re moving those funds from our state, then we are interested.’

    “That was how the judgment was more or less arrested. So, the people stealing money and taking it out of Nigeria are doing us a lot of evil, because the moment the money leaves Nigeria it assumes another dimension.”

    But Falana, who accused the United States, Switzerland, the UK and other western nations of hypocritical behaviour in Nigeria’s quest to recover loot stashed in their banks, identified the US as the country concerned.

    He said: “Nigeria traced part of the Abacha loot to Jersey, an island in the United Kingdom. The Attorney-General filed a process to – by the way I was in that country when the person was convicted – the money left Nigeria through Kenya and landed in Jersey. It was from the late Abacha. 

    “Nigeria wanted to collect the remaining loot. But the United States filed an objection saying the money could not be released to Nigeria. 

    “The court asked why, the US said if the money must be released, it should be released to the US government, so that ‘we can manage it for Nigeria.’

    “The other one, $321million, Switzerland, a notorious conduit for corruption, had the temerity to say that ‘unless the World Bank is going to manage this money, we are not going to release this money.’”

    Falana urged the Federal Government not to depend on the West in its loot recovery drive.

    “The United Nations Convention Against Corruption has made adequate provisions against corruption mandating countries to assist each other but western countries have not been helping us. Our government should stop relying on the west.”

    The Silk said he had advised and the government was considering to sue foreign banks illegally holding onto funds that were stolen from Nigeria.

    He also revealed that plans were underway to seek redress for the 21 coal miners allegedly murdered by the British police under colonial rule in Nigeria, just like 

    Kenya obtained £19.4million as compensation for victims of the Mau Mau revolt against colonialism in the 50s.

    Falana said: “The British government, the British police killed 21 miners in Enugu on November 18, 1949. We are talking to the victims and their children to do what the Kenyans have done by suing the British government so that we can also begin to ask for reparation for our people.”

    Obla, who refrained from clear political comments because he had been “gagged”, said there would be no sacred cows in the quest to recover fraudulently acquired assets.

    Obono-Obla said: “Without mentioning names, we are currently investigating a director in a Federal Government ministry…We saw so much and we went to the Code of Conduct Bureau, got his asset form and discovered that a lot of companies that he has been using to make money were not mentioned in his assets declaration form. The man is in soup.”

    The Special Assistant to the President on Prosecutions vowed that the panel would not recognise any sacred cows. He urged Nigerians to assist it with information on assets procured with stolen funds. 

    “If you don’t give us information, we may not know. The panel has powers to investigate public officers in the three tiers of government: federal, state and local. No sacred cows, as far as I am concerned. We must investigate everybody. Any complaint that requires an investigation will be investigated,” Obono-Obla said.

    SERAP director Adetunbo Mumuni, who spoke earlier, praised the government for mustering the will to tackle corruption. 

    “Before President Muhammadu Buhari came, we knew there was massive corruption, but this administration has made attempts to bring corrupt people to justice,” he said.

    Other guests at the event included Amnesty International Country Director, Mrs Osai Ojigho; Department for International Development (DFID)’s Sonia Warner; and Ford Foundation’s Ms Eva Kouka and Ms Linda Ochiel, among others.

  • Probe Okorocha over ‘statues of Zuma, Johnson-Sirleaf’ – SERAP to ICPC

    Probe Okorocha over ‘statues of Zuma, Johnson-Sirleaf’ – SERAP to ICPC

    Socio-Economic Rights and Accountability Project, (SERAP) has asked Dr Muhammad Isah Acting Chairman of the Code of Conduct Bureau (CCB) and Professor Bolaji Owasanoye Acting Chairman of Independent Corrupt Practices and Other Related Offences Commission (ICPC) to “jointly investigate allegations of incompatibility and/or apparent conflict of interest situation, and abuse of office involving Governor Rochas Okorocha of Imo State in connection with the exercise of his public functions and leadership of the Rochas Okorocha Foundation, and to collaborate with the Economic and Financial Crimes Commission (EFCC) in any such investigation.”

    The organization said that “Such investigation would help to improve public confidence in public authorities, and minimize the risks of bad government by public officials.”

    In the petition dated 10 November 2017 and signed by SERAP executive director Adetokunbo Mumuni, the organization expressed “serious concern that Governor Okorocha may have spent over N1 billion of public funds to build statues of South African President Jacob Zuma and Liberian President Mrs Ellen Johnson-Sirleaf.”

    According to the organization, “the spending on statues and apparent misuse of public resources may have violated constitutional provisions and international standards on code of conduct for public officers. The initiatives cannot be justified under any circumstances whatsoever, especially at a time when Imo state is unable or unwilling to pay teachers’ salaries and pensioners’ entitlements.”

    The petition copied to Ibrahim Magu Acting Chairman of the Economic and Financial Crimes Commission (EFCC) read in part: “Inviting Zuma and Johnson-Sirleaf to attend the opening of his Foundation and then ‘honouring’ them with statues suggests abuse of office and apparent conflict of interest situation, as such acts were undertaken by Governor Okorocha in the exercise of his public functions to presumably promote and advance the commercial and other interests of the Foundation.

    “SERAP believes that rather than serving the common interest of the public, spending over N1 billion possibly of public funds on Zuma and Johnson-Sirleaf in the context of their participation in the opening of the Rochas Okorocha Foundation would seem to put Governor Okorocha in a conflict of interest situation.

    “SERAP notes that the Nigerian Constitution 1999 (as amended) and UN Convention against Corruption to which Nigeria is a state party prohibit conflict of interests and set ethical standards for public officers. Indeed, both the Constitution and the Convention require public officers to abstain from all acts that may compromise the exercise of their public office and functions, or are inconsistent with their entrusted positions.

    “Public officers also must discharge their public duties truthfully and faithfully, abide by the constitutional code of conduct, observe the primacy of public interest, and not allow their personal interest to influence their official conduct.”

    “The CCB and ICPC should carry out a joint investigation in collaboration with the EFCC of the allegations of conflict of interest, abuse of office and apparent misuse of public funds by Governor Okorocha. SERAP also urges the CCB and ICPC to prosecute Governor Okorocha after leaving office if there is relevant and sufficient admissible evidence of abuse of public office against him.

    “Conflict of interest represents a situation where the person exercising a public function has a personal interest of patrimonial or commercial nature, which could influence the objective fulfilment of the duties incumbent on public officers under the Constitution and international standards.

    “Conflict of interest arises from a situation in which a public official has a private interest which is such as to influence or appear to influence the impartial and objective nature of his or her official duties in order to promote private interests, which would be contrary to the public interest.

    “According to reports, Governor Okorocha recently hosted two African presidents—South African President Jacob Zuma and Liberian President Mrs Ellen Johnson-Sirleaf and built statues in Owerri to ‘honour’ them. The statues reportedly cost over N1 billion to build. Further, a Memorandum of Understanding between the Zuma Foundation and the Rochas Foundation was signed, while Mrs Johnson-Sirleaf visited the newly established Rochas Foundation College of Africa (ROFOCA).”

  • Seraphic SERAP?

    Seraphic SERAP?

    SERAP, the Socio-Economic Rights and Accountability Project deserves commendation for filling a part of the void created by the fizzling out of almost all the human rights groups in the country. The other groups that participated actively during military rule, especially in the struggle to return the soldiers to their barracks, have since gone into oblivion. Many of them that were upright in those dark days have since been bitten by the corruption bug. As a matter of fact, it was such a pitiful situation hearing that one of them that was highly credible back then was in the middle of a N10million largesse from the authorities of the collapsed Synagogue building in Lagos.

    The emergence of SERAP, in 2004, has vindicated Aristotle’s position that ‘Nature abhors a vacuum’. SERAP, despite its relatively young age has been doing the little it can in making governments responsible and accountable. Its most recent battle is the case it instituted against the leadership of the National Assembly, Senate President Bukola Saraki and Speaker, House of Representatives, Yakubu Dogara, to make them account for N500billion that the country had spent to run the assembly from 2006 to 2016, as well as disclose the monthly allowances of each of their members. This is the same National Assembly that carries out oversight on other institutions. Yet, its accounts are rarely audited annually as public accounts are supposed to be.

    But Justice Rilwan Aikawa of the Federal High Court in Ikoyi, Lagos, penultimate Friday, did justice to the matter as he said that, “I have looked at the papers filed by SERAP and I am satisfied that leave ought to be granted in this case for judicial review and an order of mandamus directing and compelling Saraki and Dogara to account for the spending of the running cost and disclose the monthly income and allowances of each senator and member.”

    The suit was filed in December, last year, sequel to the disclosure by Abdulmumin Jibrin that our senators and House of Representatives members have pocketed N500bilion out of the N1 trillion running cost provided for in the National Assembly budgets between 2006 and 2016; and the claim by former President Olusegun Obasanjo that each senator and House of Representatives member goes home with nothing less than N15m and N10million monthly, respectively.

    Ordinarily, there should be no controversy over such matters of public interest but for the opacity that has dominated the public space in the country. Indeed, the suit would have been unnecessary if the National Assembly had acceded to SERAP’s request for information on these claims. There is none of these items that is shrouded in secrecy in other democracies. They border on national interest, public concern, social justice, good governance, transparency and accountability and should be readily made available even without the Freedom of Information Act being invoked. Anyway, it would be interesting to hear why the National Assembly leadership is uncomfortable releasing such information when on December 12 they have their day in court.

    As pointed out earlier, the case against the National Assembly leadership is just the most recent of SERAP’s battles for transparency, accountability and good governance. The project only recently took the executive arm of government to court to stop payment of salaries to former governors-turned lawmakers or ministers. Lest we forget, it was SERAP that also raised the first objection about the composition of the Corruption and Financial Crime Cases Trial Monitoring Committee. The body, in a letter to the Chief Justice of Nigeria (CJN) Justice Water Samuel Nkanu Onnoghen, urged the CJN to “remove the risk of apparent and potential conflicts between the work of the committee and the private practice of some of its members, who are handling high-profile cases of corruption involving politically exposed persons (PEPs)”.

    It added that “for the Salami committee to perform its tasks effectively and with propriety, it should preferably be composed entirely of members of the judiciary, particularly drawn from available pool of brilliant and incorruptible retired judges”. This is commonsensical. Unfortunately, the CJN did not seem keen in buying this idea. It was apparent Justice Ayo Salami, who had been appointed as chairman of the committee would not agree to work with such members and he has done what was expected of him: politely turn down the offer. Much as it is true that no one is indispensible, it is only a matter of time to see the wisdom or otherwise in Justice Salami’s rejection of the offer and the CJN’s retention of the controversial members, without addressing the issue raised by SERAP and Justice Salami.

    In spite of its relatively young age, SERAP has a record of successes in its chosen mission. In a suit filed by Femi Falana (SAN), before the ECOWAS Court of Justice in Abuja in 2007, the organisation argued that the massive corruption in the Universal Basic Education Commission (UBEC) amounted to a denial of the right to a free, quality and compulsory education for Nigerian children. It won. In a landmark judgment delivered in November 2010, the ECOWAS Court upheld SERAP’s submission and declared that the Nigerian government had a legal responsibility to provide, as of right, free, quality and compulsory basic education to every Nigerian child. Indeed, according to SERAP, “This is the first time that a sub-regional human rights court would consider corruption as a violation of human rights.”

    The project also filed a suit in 2009 against the Federal Government of Nigeria and six oil companies over alleged violation of human rights and associated oil pollution in the Niger Delta at the ECOWAS Court of Justice. It also won. The court unanimously found the Nigerian government responsible for abuses by oil companies in a judgment delivered in December 2012, and made it clear that the government must hold the companies and other perpetrators to account.

    In a democracy, a virile opposition is sine qua non. But there is nothing that could be called opposition party in the real sense of the concept in the country today. The Peoples Democratic Party (PDP) which could have served that purpose is still trying to find its feet more than two years after being defeated at the polls. Such vacuum is not good for democracy even as it is not good for the country. Opposition parties are supposed to put the government of the day on its toes. Even in advanced democracies where structures work normally, opposition parties still play great roles in shaping governance. Not to talk of our kind of country where individuals, rather than structures, are the issue.

    Non-governmental organisations (NGOs) like SERAP have a great role to play in making government responsible, responsive, accountable and transparent in the country. This is much more so that NGOs are better respected because of their usual detachment from partisan politics unlike political parties. We should commend  SERAP for its contributions to the strengthening of democracy and good governance in the country. As a matter of fact, there is still room for quite a number of such organisations with credible people to drive their vision. It must be recognised though that it is difficult for organisations or even individuals to stay steadfast to the end in our kind of country. Many of our politicians are as wily as the biblical serpent. They are capable of luring anyone to eat the forbidden fruit. Anything they touch becomes tainted. Former President Olusegun Obasanjo who knows them very well was alleged to have described one of them as capable of bribing God! SERAP parades the necessary influence that would make the politicians want to infiltrate it in order to break its ranks. One only hopes it will be seraphic to the end; and refuse to go the way of many of its progenitors that started well but ended badly.

  • ‘Handover Babachir, Oke to EFCC, ICPC’

    ‘Handover Babachir, Oke to EFCC, ICPC’

    The Socio-Economic Rights and Accountability Project (SERAP) on Monday welcomed the decision by President Muhammadu Buhari to sack the suspended Secretary to Government of the Federation, Mr Babachir Lawal, and the Director-General of the National Intelligence Agency, Mr Ayodele Oke.

    The organization also called on Buhari to “urgently handover Lawal and Oke to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for further investigation, and if there is relevant and sufficient admissible evidence, for them to face prosecution.”

    In a statement issued today by SERAP deputy director Timothy Adewale the organization said that “This is a positive development in the fight against grand corruption, although this decision is coming rather late. Buhari now has to go a step further by making sure that both Lawal and Oke are promptly brought to justice in fair trials.”

    Related: How Babachir Lawal got into trouble

    The statement reads in part: “Buhari also has to move swiftly to publish the report of the investigation into the secret reinstatement of the fugitive former civil servant, Abdulrasheed Maina, and without delay identify and bring to justice anyone suspected to be involved.”

    “This government now has a real opportunity to reassure a lot of Nigerians who may be worried about the direction of travel of the president’s anti-corruption agenda that there will be no sacred cow as far as the fight against corruption is concerned.”

    “What the government needs at this time is a revolutionary approach to the fight against corruption if Buhari is to show his commitment to ‘kill’ corruption before corruption ‘kills’ Nigeria.”

    Also Read: The denouncement of Babachir Lawal

    “Without effective prosecution of high-ranking public officials charged with corruption, this government’s fight against corruption may sadly turn out to be all motion and no movement, and this will eventually undermine the legitimacy of the anti-corruption efforts.”

    In a brief statement the presidency said that President Muhammadu Buhari has studied the report of the panel headed by the Vice President, Prof Yemi Osinbajo (SAN), which investigated allegations against the suspended Secretary to the Government of the Federation, Babachir Lawal, and the Director-General, National Intelligence Agency (NIA), Ayodele Oke.

    The statement noted that the president accepted the recommendation of the panel to terminate the appointment of Mr. Lawal, and has appointed Boss Mustapha as the new Secretary to the Government of the Federation.

  • Meeting with Saraki: CSO tackles SERAP

    A civil society organization under the aegis of Lawyers in Defence of Democracy, has denied the statement issued by Socio-Economic Right and Accountability Project (SERAP) that its meeting with Senate President, Bukola Saraki left more questions than answers.

    SERAP had issued a statement to express displeasure over its meeting with the leadership of National Assembly.
    National Convener, LDD, Tochukwu Ohazuruike, in a statement in Abuja, said the statement by SERAP was not a true reflection of what happened at the meeting.
    The statement reads: “Our attention has been drawn to a statement issued by SERAP about the happenings in the meeting and without much ado, we categorically state that the statement by SERAP is not a true representation of what transpired in the meeting.
    “That statement was at best a disappointment and the integrity SERAP postures it possesses on the outside was put at stake and shattered.
    “Deputy ‘Executive’ Director of SERAP and who spoke on behalf of the organization eulogized the person of the Senate President more than any other person in attendance.
    “He praised the Senate President for the changes he has brought to the National Assembly including opening the books of NASS, Public hearing in budge ng, prompt action on the double emolument and other innovations of the Senate President. In fact he clearly stated that staff of SERAP all changed their views and celebrated the Senate President for the actions he took on the double emolument issue.
    “Neither SERAP nor any other Organization questioned the Senate President on any issue which was not answered. In fact the meeting rose with the understanding that the issue of salary of lawmakers had been adequately addressed and laid to rest for good.
    “It is unfortunate SERAP has gone into the forest to cut firewood and is now on the road shouting about whoever it was that cut the fire wood.
    “Senate President made commitment to more effectively and transparently utilize the allocation of the Senate and also push for better collaboration with Civil Society on how to achieve the goal.
    “The Senate President therefore advocated for a monthly interaction between the Senate committee on NGO’s and Civil Society Organizations to make for proactive engagement on issues and also committed to a quarterly meeting with his office and Civil Society Organizations.
    “Also unfortunate is the fact that despite the undertaking of SERAP that they will in future while criticizing the National Assembly cease to ridicule the institution of the Parliament and bring the institution to disrepute, SERAP could not wait 24hours to expose its unholy agenda of their paymasters against the National Assembly in the statement they issued.
    “SERAP by this singular act has shown that it indeed is not a credible organization. SERAP detests the institution of the Parliament and one wonders how an organization that preaches abolition of the Parliament can at the same time preach democracy.
    “Again, the Senate President following the trend of discussions called on Civil Society to avail the Senate of information of any acts of corruption and indeed encourage Nigerians to report such and at the same time pledged to ensure that all reports are investigated transparently while the check on this will be the monthly and quarterly meetings with CSO’s.
    “For SERAP to allude to that fact that the public may not have trust and confidence to embrace such a move except Nigerians know the salaries of the lawmakers is only the view of a group that has an agenda against the an corruption war.”

  • SERAP criticises Justice Salami’s panel composition

    SERAP criticises Justice Salami’s panel composition

    A RIGHTS group, Socio-Economic Rights and Accountability Project (SERAP), has written to the Chief Justice of Nigeria Justice Water Samuel Nkanu Onnoghen  criticising the composition of the Justice Ayo Salami (retd)-led Corruption and Financial Crime Cases Trial Monitoring Committee.

    It urged the CJN to review the composition of the 15-member committee comprising judges and practising lawyers, among others.

    SERAP appealed to Onnoghen to “remove the risk of apparent and potential conflicts between the work of the committee and the private practice of some of its members, who are handling high-profile cases of corruption involving politically exposed persons (PEPs)”.

    The organisation said “for the Salami committee to perform its tasks effectively and with propriety, it should preferably be composed entirely of members of the judiciary, particularly drawn from available pool of brilliant and incorruptible retired judges”.

    The letter dated yesterday and signed by SERAP Executive Director Adetokunbo Mumuni said “while international law does not prohibit some representation of the legal profession or academics, we urge your Lordship to select candidates from these fields to the Salami committee based on their demonstrable commitment to the fight against corruption, and after extensive consultation, and a thorough scrutiny of the candidates’ past record of legal practice, to eliminate all possibilities of bias and conflict of interest”.

    The organisation said doing this “would ensure accountability, keeping the independence of the judiciary intact and uncompromised”.

    The letter also reads: “SERAP believes that until the issues raised in this letter are satisfactorily addressed, Nigerians would have a doubt in their mind as to the ability of the Salami committee to discharge its mandates effectively and with propriety, and would have a right to have a doubt.

    “It is important for the Salami committee to function in a way that could preserve judicial independence, provide information for judges to improve their performance, and increase the public’s confidence in the courts.”

     

     

     

     

  • Corruption may ‘kill’ Nigeria soon – Oyebode

    Corruption may ‘kill’ Nigeria soon – Oyebode

    Professor of International Law and Jurisprudence, University of Lagos, Akin Oyebode, has warned that “If drastic measures are not put in place urgently to contain it, corruption might ultimately result in the mortality of Nigeria as a nation-state”.

    Oyebode spoke on Thursday at a roundtable organized by Socio-Economic Rights and Accountability Project (SERAP) in collaboration with the National Endowment for Democracy (NED) and held at the CITIHEIGHT Hotel, Sheraton Opebi Link Road, Ikeja Lagos.

    Delivering a paper pn Strategies for Mobilizing Mass Action to Demand Anti-Corruption Reforms and an End to Impunity for Grand Corruption in Nigeria insisted that “mass action by the citizens is urgently needed to put pressure on authorities to end impunity for grand corruption in the country.”

    According to him, the people must be enlisted in the war against corruption. Nigerians should start anti-corruption clubs in schools, radio jingles should be put in place to fight corruption, carry placards, go outside, organize sit-ins like SERAP is doing presently, Nigerians should be mobilized against corruption and now take their destiny in their hands. The fight should not be left alone to organizations like SERAP and when the State wants to attack organizations like SERAP, the masses should fight for them.”

    Related:  Stealing is not Corruption

    Oyebode also said: “The recent attempt by the National Assembly with the NGO bill to control, monitor and eventually sequester CSOs all because of the excuse that some CSOs are corrupt should not be allowed. Cutting off the head is not the cure for a headache, the bill is an overkill. If they cage organizations like SERAP, who will fight for the masses. The government does not want anybody to act as an impediment to their thievery activities.”

    “Corruption is now thriving more than ever before, despite the ongoing fight against it. However, international law has really helped with a plethora of laws against corruption, it now behoves on citizens to take advantage of these laws to fight against corruption,” Oyebode also said.

    The Attorney General of the Federation and Minister of Justice Abubakar Malami SAN who was represented by his Senior Assistant Abiodun Aikomo said, “The disconnect between our prosperity and where we are is corruption. We have to be patriotic, only Nigerians can do something about corruption. To file paper in court, you have to shake body. Corruption as unfortunately attained legitimacy in Nigeria, we are all encouraging corruption that is killing us. Imagine a million citizens fighting against corruption, we have a government committed to the fight. Let us all fight it and shun greed”

    Human rights lawyer Femi Falana SAN in his contribution said that: “We must stop our lawyers from terrorizing our courts and judges. We must get our judges to take charge of their courts.”

    According to Falana, religious leaders should stop confusing our people. Our churches and traditional rulers should stop praying for thieves. This is how low we have sunk. What are we as individuals doing to stop these politicians, let’s start with Lagos, let’s start asking our legislators how much they are being paid for doing what? Let our church stop conferring honours on criminals. Also, our universities should be encouraged to join in the fight.”

    Participants at the event included: Chief Barr. O.M Bakara- representing HRM, Elegushi of Ikate Land Mr Osita Nwajah, representing Ibrahim Magu the chair of the Economic and Financial Crimes Commission; Rabiat Umar ICPC; Chief Abayomi Sunday and Chief Moshood Onikoyi, representing Oba Onikoyi of Ikoyi & Imoba Land; Padma Igbabe Ford Foundation; Dr Dayo Ayoade, Faculty of Law UNILAG; Marijke Petri Wife of the Netherlands Ambassador to Nigeria; and Depo Adeniran, Coalition against Corrupt Leaders.

    All participants committed themselves to promoting an end to impunity for grand corruption in the country by among others, ensuring the effective prosecution and jailing of high-ranking corrupt officials and securing recovering of stolen public assets.

    Oyebode’s paper reads in part: “It is not enough to have fanciful anti-corruption laws. More important is the need to get the generality of the popular masses wedded to the crusade in order to make it a success. The reticence and lethargy of our people generally would need to be confronted. Without the cooperation and collaboration of generality of the people, the anti-corruption bodies might end up little more than paper tigers.

    “The legality or validity of the anti-corruption war is not in doubt. However, the practical implementation of the relevant laws is fraught with considerable difficulty, not least, the extent to which the generality of the populace is at one with the government. Jurisprudentially speaking, validity is a question of imputation while efficacy is more a matter of fact or causation. Accordingly, it is imperative to consider the role of the people in relation to the struggle to contain corrupt practices.

    “It is on record that Nigeria has a set of anti-corruption laws reflecting the will and intention of the government to battle the virus to the hilt. However, the efficacy of anti-corruption legislation, coupled with judicial pronouncements and conviction and sentencing of corrupt elements would require the complement of mass action and commitment arising from general awareness and resolve to collaborate with on-going efforts. Inevitably, government action in this regard must be undertaken for the anti-corruption struggle to bear fruit.

    “It is hardly an exaggeration that corruption has levelled, perhaps, the most virulent attack on Nigeria’s bodypolitik. Despite all the hue and cry over the debilitating consequences of corruption on the country’s socio-political fabric, it is sad but true that the virus has continued to fester in leaps and bounds. The sad situation today is that despite its pernicious nature, corruption seems to have found a comfortable nest in the lives and consciousness of many of our people, thereby giving the false and erroneous impression that Nigerians have generally accepted it as a fact of life.

    “To the extent that Nigerians take the saying that there is no free lunch literally, the culture of the customary gift or dash, jara, egunje, etc, have been internalized among the population so much so that there is little surprise if and when a Nigerian evinces corrupt practice in the form of bribe-taking, over-invoicing and kindred under-the-table dealings. There are even popular sayings approving of all manner of unjust enrichment at the point of duty.

    “In a country where a President could once declare that stealing was not corruption, the most important Commandment would seem to be the Eleventh: Thou shall not be caught or found out!

    “In Nigeria, there is a plethora of laws against corruption and related manifestations of the “ugly and unacceptable face of capitalism.” Aside from the Criminal and Penal Codes, the Corrupt Practices and Other Related Offences Act, 2000 laid the ground rule for combating the odious crime.

    “The establishment of the ICPC, EFCC and Code of Conduct Tribunal as well as promulgation of the Anti-Money Laundering Act and designation of special courts to handle cases of corruption in addition to the establishment of a scheme for whistle-blowers and witnesses protection are clearly pointers to the resolve of the Nigerian government to aggressively confront the ogre of corruption.

    “Perception is an important factor in the efficacy of law generally. Therefore, a lot of work still needs to be done concerning the extent of popular understanding of requisite anti-corruption legislation and appreciation of the commitment of the government to its anti-corruption programme and policy. This necessitates broad mass enlightenment on the various laws with a view to eliciting the understanding, support and collaboration of the masses of the people.

    “The people must be made aware of the nexus between corruption by the political leadership and their niggardly circumstances. Once they realize that misappropriation of the nation’s resources by leaders at various levels leads to their impoverishment, their approval and support for all measures adopted to contain graft and unjust enrichment within the polity become pretty well assured.

    “The people must be enlisted in the war against corruption by encouraging them to engage in mass action through their participation in mass rallies, street demonstrations, public debates and write-up in the mass media against corrupt practices. More anti-corruption clubs need to be organized in the schools and higher educational institutions to collaborate in waging the anti-corruption struggle.

    “However, it would seem that no better encouragement and sensitization against corruption exist more than the palpable resolve of the government to take decisive action against those who have been proven to violate the laws and social ethos against the odious and unwholesome practice of corruption. By effecting prompt and adequate sanction against acts of malfeasance, the anti-corruption crusade would win new and more committed converts among the population.

    “Religious bodies, churches and mosques should not be left out of the anti-corruption crusade. The leaders of religious organizations should be encouraged to be at the vanguard of the campaign against corrupt practices, more so as they exercise tremendous influence and impact among their various congregations.

    “It is my considered opinion that the effort to contain corrupt practices should no longer be seen as just that of the government. Of equal if not, in fact, a more important role is that of society which needs to be on the same page if the anti-corruption war is to succeed. Admittedly, no country has been able to wipe out corruption in its entirety but there examples of countries where the vermin has been curtailed to its barest minimum.”

  • SERAP’s roundtable focuses on ending impunity for grand corruption

    SERAP’s roundtable focuses on ending impunity for grand corruption

    Akin Oyebode, Professor of International Law and Jurisprudence, University of Lagos will deliver a paper at the Strategic Dialogue on Mobilizing the Citizens to Demand Anti-Corruption Reforms and an End to Impunity for Grand Corruption in Nigeria being organized by Socio-Economic Rights and Accountability Project (SERAP) in collaboration with the National Endowment for Democracy (NED).

    The roundtable is scheduled for Thursday September 28, 2017 at the CITIHEIGHT Hotel, Sheraton Opebi Link Road, Ikeja by 10:00 a.m.

    Oyebode would speak on the theme of the roundtable:  Strategies for Mobilizing Mass Action to Demand Anti-Corruption Reforms and an End to Impunity for Grand Corruption in Nigeria.

    Among those expected at the roundtable are: Professor Itse Sagay SAN Chairman Presidential Advisory Committee against Corruption; Attorney General of the Federation and Minister of Justice Mr. Abubakar Malami SAN; Femi Falana SAN; and representatives of the Royal Netherlands Embassy; and the Ford Foundation.

    Others are: Chief Okoi Obono-obla, Special Assistant on Prosecution to President Muhammadu Buhari (who will give some introductory remarks); Babatunde Ogala former Chairman of the Lagos State House of Assembly’s Committee on Judiciary; Mr Tayo Oyetibo SAN; Mr. Levi Adikwaone Chairman of the Nigerian Bar Association, Ikorodu Branch; Nurudeen Ogbara NBA Ikorodu Chairman Legal Education; and representatives of the Economic and Financial Crimes Commission; the Independent Corrupt Practices and Other Related Offences Commission (ICPC); the media, and civil society.

    The roundtable will assess the on-going fight against corruption and is expected to come up with key programme agenda for among others mobilising Nigerians to get involved in the fight against corruption, and agenda for increasing the tempo of the anti-corruption fight including by revisiting outstanding cases of high-level official corruption and prosecuting high-ranking public officials.

  • Senators’ pay: SERAP accuses Saraki of cover-up

    Senators’ pay: SERAP accuses Saraki of cover-up

    Human rights group, the Socio-Economic Rights and Accountability Project, (SERAP), is unhappy with Senate president, Bukola Saraki, for allegedly dodging specific questions on the take home pay of senators.

    Representatives of the group met with Saraki on Thursday to discuss issues relating to details of the annual salaries and allowances of lawmakers.

    However, SERAP deputy director, Timothy Adewale, giving an insight on the meeting on Friday, said the discussion “raises more questions than it answers.”

    Adewale, in a statement said “while SERAP appreciated “the expressed commitment by Saraki to transparency and accountability of the National Assembly, and the rare opportunity to dialogue with him, we remain deeply concerned that the leadership of the Senate has unfortunately not satisfactorily addressed the damaging allegations by Prof. Itse Sagay, Chairman Presidential Advisory Committee against Corruption (PACAC), that a Nigerian Senator gets N29 million in monthly pay, and over N3 billion a year.”

    He alleged an apparent discrepancy in some areas “between what Saraki said at the meeting and what the Senate is doing in practice to improve transparency of its operations and accountability of members.”

    Going into the specifics of the meeting, Adewale said: “For example, the Senate president’s response to Sagay’s allegations was simply to refer SERAP to the National Assembly budget for 2017, which is available on its website. However, a careful study of the document shows that it contains only some general information and not specific details that respond directly to allegations raised by Sagay.

    “The meeting with Saraki raises more questions than it answers. The Senate budget on its website is incomplete. The absence of specific details on salaries and allowances of each senator not only makes analysis difficult, it also points to underlying weaknesses in monitoring and transparency mechanisms.”

    “Without including some level of details, Nigerians may see the published National Assembly budget as nothing more than window-dressing. SERAP hopes that the leadership of the Senate doesn’t want this to be the case and we certainly see no reason why it should be the case. As we have noted, improved transparency on the exact salaries and allowances of senators and indeed members of the House of Representatives is in the interests of all.

    “In SERAP’s view, rather than referring us to the seemingly incomplete National Assembly budget, the Senate president should have provided a line-by-line response to Sagay’s allegations. It is important that the leadership of the Senate provides additional information that is lacking from the published budget if it is ever going to satisfactorily clear the air on the issues.”

     

     

  • SERAP to Saraki: explain senators’ ‘N3b yearly’ pay

    SERAP to Saraki: explain senators’ ‘N3b yearly’ pay

    RIGHTS group Socio-Economic Rights and Accountability Project (SERAP) has urged Senate President  Bukola Saraki to “explain to Nigerians if it is true that a senator gets N29 million as monthly pay and over N3 billion a year”.

    Chairman Presidential Advisory Committee against Corruption (PACAC) Prof. Itse Sagay, last week, alleged that a senator gets N29 million in monthly pay.

    But the Senate has so far refused to clarify this or release the details of salaries and allowances of its members.

    SERAP Deputy Director Timothy Adewale, in a statement yesterday, said: “The ‘sky will not fall’ if details of a Nigerian senator’s salaries and allowances are published on a dedicated website. SERAP believes that releasing the information on salaries and allowances of members of the Senate would encourage a nuanced, evidence-based public debate on what would or should be a fair salary for a member of the Senate

    “It is by making transparency a guiding principle of the National Assembly that the Senate can regain the support of their constituents and public trust, and contribute to ending the country’s damaging reputation for corruption.”