As the National Assembly resumes on Monday, the Socio-Economic Rights and Accountability Project (SERAP) has asked the federal high court in Abuja for an order to compel the Economic and Financial Crimes Commission (EFCC) to investigate and prosecute allegations of budget padding and abuse of office leveled against the Speaker of the House of Representatives Yakubu Dogara.
The suit with number FHC/ABJ/CS/733/16 dated September 15, 2016 was filed on behalf of SERAP by its Solicitor Femi Falana(SAN).
It was filed pursuant to Order 34, Rules 1 (1) (A); 2, Rule 3 (1) and (2) (A), (B) and (C) of the Federal High Court Rules, 2009 and the inherent jurisdiction of the Honourable Court.
Others who SERAP want the EFCC to investigate include the Deputy Speaker, Yussuff Lasun; the Minority Leader, Leo Ogor; and the Chief Whip, Hassan Ado Doguwa.”
SERAP, in the suit, is seeking two reliefs from the court against EFCC.
The organization is seeking a declaration that the failure of the respondent (EFCC) to investigate allegations of budget padding and abuse of office leveled against Dogara, Lasun, Ogor; and Ado is illegal and unconstitutional as it violates Section 6 of the Economic and Financial Crimes Commission Act, 2004.
The organisation is also asking the court for an order of mandamus compelling the respondent to investigate allegations of budget padding and abuse of office leveled against Dogara and others.
In the affidavit in support of its prayer to the court for an order of mandamus SERAP stated that the suit was borne out of the fact that it is the statutory responsibility of the EFCC to investigate and prosecute financial crimes in the country and that unnless the reliefs sought are granted, the EFCC will not investigate the Speaker of the House of Representatives and others for alleged grave financial and economic crimes.
“This matter is presently generating a lot of public concern and discourse and is presently in the front burner of national discourse thus germane to Nigerians. By the nature of the case, it ought to be heard urgently. It is in the interest of justice to hear this matter expeditiously.”
Tag: SERAP
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Budget padding: SERAP asks court to compel EFCC to investigate Dogara, others
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SERAP, students disagree on Dogara
Socio-Economic Rights and Accountability Project (SERAP) has faulted the claim by the Speaker of House of Representatives Mr Yakubu Dogara that “budget padding is not a crime under Nigerian law”.
In a statement issued in Lagos yesterday, SERAP told the Speaker of the House of Representatives that budget padding act is corruption like other corruption offences such as abuse of office, attempt to embezzle, divert, and misappropriate public funds, conspiracy to act corruptly, and illicit enrichment.
SERAP executive director Adetokunbo Mumuni contended that, “budget padding in fact is corruption, as it is implicit in corruption offences such as abuse of office, attempt to embezzle, divert, and misappropriate public funds, conspiracy to act corruptly, and illicit enrichment”.
The organisation said all these offences are recognised under the United Nations(UN) Convention against Corruption to which Nigeria is a state party, and included in national legislation such as the Corrupt Practices and Other Related Offences Act, the Economic and Financial Crimes Commission Establishment Act and the Fiscal Responsibility Act.”
But, the National Association of Nigerian Students (NANS) backed Speaker ver alleged padding of 2016 budget.
NANS, in a statement by its Chairman, Coordinator’s Forum, Habib Salau and signed by its blocks- Zone A, Zone B, and Zone C, Coordinators, defended the speaker, saying that he has placed high premium on masses-oriented legislations and inclusive governance.
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Budget padding: SERAP petitions UN
A human rights’ group — Socio-Economic Rights and Accountability Project (SERAP) — has petitioned the United Nations (UN) on the budget padding scandal in the House of Representatives, its Executive Director, Mr Adetokunbo Mumuni, said in Lagos yesterday.
The News Agency of Nigeria (NAN) learnt that SERAP sent a petition, dated July 27, to Prof. Philip Alston, UN Special Rapporteur on Extreme Poverty and Human Rights.
The petition urged Alston to ‘’…request the leadership of the House of Representatives of Nigeria to explain the alleged deliberate padding of the 2016 budget to the tune of N481 billion.
“Removal of critical projects and replacement of such projects with constituency projects, which have not only undermined the fight against corruption in the country, but also exacerbated extreme poverty and violations of internationally recognised human rights.
“SERAP is seriously concerned about the lack of transparency and accountability of the National Assembly, which is not consistent with the behaviour of an institution that is constitutionally mandated to make laws for the nation.
“SERAP is concerned that the long standing practice of constituency projects by the National Assembly of Nigeria and the corresponding alleged diversion of public funds have continued to systematically drained the country’s maximum available resources.
“Alleged budget padding and abuse of office by the leadership of the House of Representatives in particular and the National Assembly in general has uneven consequences on the vulnerable groups of the society, including the poor, women and children, perpetrating and institutionalising discrimination.”
SERAP urged the Special Rapporteur to put pressure on the Houise leadership to allow for independent and transparent investigation of the allegations of budget padding, diversion of public funds and abuse of office.
It warned the leadership not to victimise Abdulmumin Jubrin for blowing the whistle on allegations of corruption in the House.
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SERAP seeks probe of alleged N40b budget padding
The Socio-Economic Rights and Accountability Project (SERAP) has called for an independent probe into the alleged N40 billion 2016 budget padding by the National Assembly.
SERAP’s Executive Director Mr Adetokunbo Mumuni yesterday, in a statement, urged Speaker of the House of Representatives Yakubu Dogara to allow the anti-graft agencies probe allegations of budget padding by its leadership.
He advised the Speaker to allow the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and other Related Offences Commission (ICPC) to investigate the allegation.
The executive director said the leadership of the House was alleged to have padded the 2016 budget by N40 billion.
“SERAP’s call follows allegations by the last Chairman, House Committee on Appropriation, Abdulmunin Jibrin, that the Speaker and three other principal officers attempted to approve N40 billion of N100 billion approved for constituency projects.
“Jibrin said he has also been victimised for refusing to support immunity for officers.
“Given the seriousness and gravity of the allegations against the House leadership, any investigation by the House would not be enough to meet the threshold of an effective, transparent and independent investigation.
“Nigerians will not have confidence in the House investigating itself.
“The Speaker must move swiftly to refer the allegations to EFCC and ICPC to allow for a swift, transparent, effective and independent investigation to contain the damage.
“There must be full accountability for any leader or member found to be responsible.
“These allegations raise questions about the need for a greater level of transparency and accountability in the National Assembly, such as telling Nigerians salaries and allowances of senators and members of the House.
“Public auditing of spending by the National Assembly and several reports on allegations of corruption that have been investigated by the National Assembly remain shrouded in secrecy and skewed to favour suspected corrupt officers,” Mumuni said.
Besides, he enjoined the House leadership to publicly commit that it would not promote constitutional amendments on immunity for its principal officers.
According to him, no public interest would be served if it sought to grant its principal officers immunity not contemplated by framers of the 1999 Constitution.
“It is important the National Assembly conducts itself in the knowledge that its role is a public one.
“Appearances of propriety can be as important as actual conflicts of interest in establishing what is acceptable behaviour,” he emphasised.
Mumuni urged Dogara to propose a bill on members’ integrity, saying this will restore public confidence in the National Assembly, check corruption and protect the leadership from criticism.
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SERAP petitions ICC over unpaid salaries by 11 governors
The Socio-Economic Rights and Accountability Project (SERAP) has filed a petition at the International Criminal Court (ICC) against 11 state governments for their failure to pay salaries.
The organisation, in the petition, request the ICC Prosecutor, Mrs. Fatou Bensouda, to consider the non-payment of salaries as crimes against humanity against tens of thousands of Nigerian workers by these states – Bayelsa, Benue, Bauchi, Osun, Rivers, Oyo, Ekiti, Kwara, Kogi, Ondo and Plateau states.
In the July 7, 2016, petition, signed by SERAP’s Executive Director Mr Adetokunbo Mumuni, the organisation said this has made life impossible to live for the workers and families.
SERAP urged Mrs. Bensouda, “ to bring to justice anyone responsible for the inhumane acts committed against Nigerian workers and prohibited under the Rome Statute of the International Criminal Court to which Nigeria is a state party.”
The organisation contended that many Nigerians face deprivation, mental and physical health challenges as a result, because many governors hide under the excuse of ‘limited allocations from Abuja’ to deny these workers their wages.
The petition states: “Non-payment of salaries for several months have reduced Nigerian workers to ‘bare life’, or life not worth living, thus taking away their human dignity. The inhumanity of the non-payment of workers’ salaries is illustrated by the serious threats this poses to the workers’ physical and mental health, and family life as well as their ability to contribute to the development of the country. The non-payment of salaries has created an environment of powerlessness for several workers and perpetuated a system of impunity in many states.
“The governors ought to know that their actions and/or omissions would likely cause serious physical or mental suffering or a serious attack upon the human dignity of workers.
“Article 7(1)(k) of the Rome Statute of the International Criminal Court criminalises other inhumane acts intentionally causing great suffering, or serious injury to body or to mental or physical health. The treatment of many workers in several states reaches the level of ‘inhumane acts’ covered under this provision.
“Serious and systematic levels of inhuman and degrading treatment have expressly been recognised as qualifying as other ‘inhumane acts’. The same applies to the deprivation of adequate standard of living , such as adequate food, shelter, and medical care.
“The inhumane acts include non-payment of salaries; failure of governors to use their executive authority to ensure a viable and corruption-free state, failure to provide the administrative, financial and political conditions to facilitate prompt and timely payment of salaries.
“To the extent that these acts expose tens of thousands of workers to inhumane acts while denying them the ability to challenge the legality of the action by the states, the acts can only be seen as a course of conduct involving the commission of inhumane acts.”
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Why Fayose should not enjoy immunity, by SERAP
Socio-Economic Rights and Accountability Project (SERAP) has said “the freezing of Governor Ayodele Fayose’s account by the Economic and Financial Crime Commission (EFCC) is lawful under Section 308 of the 1999 Constitution and International Law, particularly the United Nation Convention against Corruption to which Nigeria is a state party”.
The group argued that, “The freezing of the account is a preventive measure, which is necessary for the conduct of an effective investigation of allegations of corruption involving former National Security Adviser, Sambo Dazuki.”
A statement by its Executive Director Adetokunbo Mumuni said: “The freezing of accounts of sitting governors and other high-ranking public officials accused of corruption is essential for the flow of investigation, which is allowed under Section 308. The investigation is pointless without the freezing of the account.
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Freezing of Fayose’s account lawful- SERAP
The Socio-Economic Rights and Accountability Project (SERAP), an NGO, says the freezing of Gov. Ayodele Fayose’s account by the Economic and Financial Crime Commission (EFCC) is lawful under Section 308 of the 1999 constitution and international law.
The Executive Director of SERAP, Mr Adetokunbo Mumuni, said this in a statement made available to the News Agency of Nigeria (NAN) in Abuja on Sunday.
“The freezing of accounts of sitting governors and other high-ranking public officials accused of corruption is essential for the flow of investigation which is allowed under Section 308.’’
The group explained that “the freezing of the account is a preventive measure which is necessary for the conduct of an effective investigation of allegations of corruption involving former National Security Adviser Sambo Dazuki”.
“Specifically, Article 30 of the UN Convention against Corruption entrenches a functional notion of immunity; that is, it attaches to the office and not the office holder.
“Under Article 30, states are required to ensure that immunity of public officials is not used as a ploy to frustrate prosecution of cases involving other persons such as Dazuki, accused of corruption.
“SERAP believes without the freezing of the accounts of Fayose by the EFCC, the investigation and adjudication of corruption and money laundering allegations involving the former National Security Adviser may be undermined, which will directly violate Article 30 requirements.
“Similarly, Article 31 of the convention covers the ‘what’ and not the ‘who’. It allows states to take measures to identify, trace, restrain, seize or freeze property that might be the object of an eventual confiscation order.
“One such measure provided for under the provision is to ensure that anticorruption bodies such as the EFCC can adopt provisional measures including freezing of assets involved in suspicious transaction reports, at the very outset of an investigation.
“According to the UN Technical Guide on the interpretation of the convention, ‘to be effective, restraint, seizure or freezing measures by anticorruption agencies should be taken ex parte and without prior notice.
“Where judicial authorisation is required, the procedure should be fashioned in such a manner as not to delay the authorization and frustrate the procedure,’’ the statement reads in part.
The group further argued that the agency receiving the suspicious report is empowered to decide upon a provisional freezing, and its decision is subject to judicial confirmation.
It added that the assets involved in the transaction without tipping off its client, and for a short period of time within which a competent authority must decide whether to keep the assets frozen or not.
“In both cases, the decision is moved forward in order to increase efficiency and allow for timely freezing.”
“The objective of this in rem procedure of freezing is a temporary immobilisation of any account pending investigation into allegations of corruption cases.
“Freezing of accounts only covers the rem and is different from confiscation which is linked to the conviction of a defendant that could only be adopted in personam.
“This is in keeping with the general principles of international law, as provided under customary international law and articulated in the Vienna Convention on the Law of Treaties 1969.
“It provides that a state cannot invoke domestic law as a defence for failing to implement an international obligation.
“Immunity shouldn’t be available to bar effective investigation of corruption cases including freezing of accounts because such cases are entirely unrelated to the legitimate exercise of constitutional powers by public officials.
“Immunity doesn’t mean impunity and a licence for serving high-ranking public officials including governors to imply that they are untouchable in cases of allegations of corruption against them.
“In several cases, the Supreme Court of Nigeria has made it clear that immunity under Section 308 is not absolute and does not bar investigation of serving high-ranking public officials such as Governor Fayose.
“Including relating to allegations of corruption. International and regional courts have also circumscribed the application of immunity in corruption matters,” it emphasised.
SERAP notes that apart from the UN Convention against Corruption, the African Union Convention on Preventing and Combating Corruption, which Nigeria has ratified, also endorsed such investigation.
The AU convention also stipulates mandatory provisions requiring states to restrict the scope of application immunity for public officials in corruption matters.
The Commonwealth has also urged member states to commit themselves to take active steps to ensure the removal of immunity in corruption cases.
“As provided by the UN through the Technical Guide to the UN Convention against Corruption, Article 30 of the convention allows for sanctions which take into account the gravity of allegations of corruption.
“It requires states to strike an appropriate balance between immunity of public officials and the need to tackle corruption and achieve effective law enforcement.
“Article 30 even provides for the reversing of burden of proof in order to facilitate the determination of the origin of proceeds of corruption.“This is different from a reversal of the burden of proof regarding the elements of the offence which is directly linked with the presumption of innocence.
“The spirit of the 1999 Constitution as reflected in Chapters 3 and 4 include the prevention of corruption and promotion of transparency, accountability, the rule of law, and good governance.
“The chapters establish standards of conduct for the correct, honourable and proper fulfilment of public functions. Clearly, these principles are the very antithesis of high-level official corruption,’’ it sated.
SERAP therefore believes that the Fayose case provides an important opportunity for the Attorney General of the Federation and Minister of Justice, Abubakar Malami, to approach the Supreme Court to test the scope of application.
“It’s very unlikely that in the current situation of our country the Supreme Court will extend the application of Section 308 to grand corruption cases.
“It would be inconsistent and incompatible with the letter and spirit of the constitution and the principles it entrenches if serving senior public officials suspected of corruption are able to use Section 308 to shield themselves from criminal liability.
“It would amount to a travesty of justice for Section 308 to be interpreted in a manner that will render sitting governors and other high-ranking public officials effectively above and beyond the reach of the law.
“SERAP also notes the EFCC Report on the investigation of 31 former governors while in office, which was presented to the National Assembly in 2006 by the former Chairman of the EFCC, Mr Nuhu Ribadu.’’
The Report, which was accepted and adopted by the National Assembly, documented the cases and indictments against the former governors.
Besides, SERAP renewed its call to Mr Malami to take steps to take over the cases and prosecute all 31 former governors suspected of official corruption while in office.
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SERAP gives CCB 14 days to probe officials named in Panama Papers
A rights group, Socio-Economic Rights and Accountability Project (SERAP), has called on the Code of Conduct Bureau (CCB) to investigate current and past high-ranking public officers in Nigeria named in the Panama papers.
The call, contained in a statement issued by the group’s executive director, Mr. Adetokunbo Mumuni, in Abuja, gave CCB 14 days to carry out the investigation.
It said that anyone one found culpable should be sent to the tribunal for prosecution.
It added that if the bureau failed to investigate the cases, the group would not hesitate to use legal means to compel the bureau to discharge that constitutional responsibility.
“SERAP believes that the Panama Papers have shown the extent to which public officers in the country are concealing their stolen wealth in safe havens and secrecy jurisdictions.
“This is contrary to the code of conduct for public officers, which prohibits public officers from maintaining and operating foreign accounts.
“We request Mr. Sam Saba, Chairman, Code of Conduct Bureau, to use his good office and leadership to urgently investigate current and immediate past high-ranking public officers named in the Panama Papers.
“They should also investigate others that are maintaining and operating or have maintained and operated foreign accounts in other safe havens and secrecy jurisdictions, and where appropriate, refer such to Code of Conduct Tribunal for prosecution,” it said.
According to the statement, SERAP hopes that the bureau will learn from the lessons of the Panama Papers to combat the abuse of the asset declaration requirements.
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New electricity tariff violate UN rulings – SERAP
The Socio-Economic Rights and Accountability Project (SERAP) said on Tuesday that the increase in electricity tariff violated two United Nations (UN) special rapporteurs rulings delivered in November 2013.
SERAP backed Monday’s nationwide protest by the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) against the increase in electricity tariff and demanded an immediate reversal of the hike.
It advised the Minister of Power, Mr. Babatunde Fashola to ensure that regulatory authorities are not allowed to get away with 45 percent increase in electricity tariff by promoting compliance with the 2013 UN rulings.
SERAP, in a statement signed by its executive director, Adetokunbo Mumuni said, “Nigeria being is an important member of the UN and had voluntarily accepted its Charter and treaties. Therefore, any effort to increase electricity tariff should be guided by the recommendations by the UN and dialogue with organised labour and other stakeholders.”
The organisation recalled that the UN published a joint letter of concern sent to former President Goodluck Jonathan in which they expressed concerns that access to electricity (and regularity of supply) is a problem in Nigeria and had then raised eight questions for the government to answer within 60 days.
The letter, reference No NGA 5/2013, dated November 26, 2013, and signed by two special rapporteurs expressed concerns that “at the end of 2012, Nigeria with a population of about 160 million people only generated about 4,000 megawatts of electricity, which is 10 times less than some other countries in the region with less population.”
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Abacha loot: World Bank to give details of disbursement soon
Following a request by the Socio-Economic Rights and Accountability Project (SERAP) for information on the spending of recovered assets from Late General Sani Abacha, the World Bank has said asked for more time to provide a detailed response.
In a letter dated 15 October 2015 and signed by Ann May of the Access to Information Team, the Bank said that “In response to your request under AI3982, we would like to inform you that we are still considering your request and need additional time to provide you with a more comprehensive response.”
The letter reads in part “In most cases, we will be able to respond within twenty (20) working days from receipt of a request for information. However, we may need additional time in special circumstances, for example, if the request is complex or voluminous or if it requires further review by or consultation with internal World Bank units, external parties, the Access to Information Committee, or the World Bank’s Board of Executive Directors.”
“We regret any inconvenience that a delay may cause you and, if one does occur, will aim to minimize it as much as possible. We will notify you promptly of any updates to the status of your request, ” the bank stated.
Responding to the World Bank’s request, SERAP’s Executive Director Adetokunbo Mumuni welcomed the decision to thoroughly consider the request.
“ This thorough process shows the seriousness the Bank attaches to the request, and will hopefully contribute to a positive outcome that will serve the interest of justice and millions of Nigerians who want to know about disbursement of Abacha loot, ” Mumuni said.
SERAP had on September 21, 2015 sent an access to information request to Jim Yong Kim, President, World Bank Group urging him to “exercise the Bank’s prerogative to release documents relating to spending of recovered assets stolen by Late General Sani Abacha”.
The group also asked Mr Yong Kim to “disclose information about the Bank’s role in the implementation of any projects funded by the recovered assets and any other on-going repatriation initiatives on Nigeria with which the Bank is engaged.”
The request was “pursuant to the World Bank’s Access to Information Policy (The Policy), approved by the Board on June 30 205. SERAP notes that one of the Policy’s guiding principles is to maximize access to information. There is also clear public interest in Nigerians knowing about the Bank’s supervisory role and specifically its involvement in the implementation of projects on which repatriated funds were spent.”