The Nation Newspaper

Tag: Socio-Economic Rights and Accountability Project (SERAP)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • SERAP sues CCB over ‘claim on privacy of asset declarations of presidents, governors’

    The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit in the Federal High Court, Lagos, against the Code of Conduct Bureau (CCB) over the bureau’s claim that it could not disclose details of the asset declarations submitted to it by successive Presidents and governors since 1999.

    The group quoted SERAP as saying that doing so “would offend the right to privacy of presidents and state governors”.

    Last week, the CCB refused a Freedom of Information (FOI) request by SERAP, saying: “Asset declaration form is private information.”

    But in the suit it filed last Friday, SERAP said: “Asset declarations of Presidents and governors submitted to the CCB are public documents. Public interest in disclosure of the details of asset declarations sought by SERAP clearly outweighs any claim of protection of the privacy of Presidents and governors, as they are public officers entrusted with the duty to manage public funds, among other public functions.”

    The organisation cited many laws to buttress its argument for the request for the information.

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

    It is seeking the following reliefs:

    “An order granting leave to the applicant to apply for judicial review and to seek an order of mandamus directing and compelling the respondent to compile and make available to the applicant information on specific details of asset declarations submitted to the Code of Conduct Bureau by successive Presidents, Vice Presidents, Senate Presidents, Speakers of House of Representatives, State Governors and Deputy Governors from 1999 to 2019 and to publish widely, including on a dedicated website, any such information.

    “An order granting leave to the applicant to apply for judicial review and to seek an order of mandamus directing and compelling the respondent to compile and make available to the applicant information on the number of asset declarations so far verified by the Code of Conduct Bureau and the number of those declarations found to be false and deemed to be in breach of the Code of Conduct for Public Officers by the Bureau and to publish widely including on a dedicated website, any such information.

    “An order granting leave to the applicant to apply for Judicial Review and to seek an order of mandamus directing and compelling the respondent to immediately take cases of false asset declarations to the Code of Conduct Tribunal for effective prosecution of suspects, and include banning the politicians involved from holding public offices for at least a period of 10 years and seeking refund of stolen public funds as part of the reliefs to be sought before the tribunal.”

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

     

  • SERAP to Ganduje: ‘Reject fat pensions, luxury cars-for-life for Kano lawmakers’

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

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

    SERAP said it would take legal action nationally and internationally against the state government should the governor assent to the bill already passed by the law makers and in order to hold his government to account and ensure that you uphold the solemn trust committed to you by the people of Kano.

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

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

    “This bill represents law-making in the interest and personal satisfaction of the lawmakers, which flagrantly offends the principles of legal justice and the rule of law. The lawmakers ought to subordinate their own interests to the welfare of the people of Kano. By passing the life pensions and medical trips abroad bill, the lawmakers have invariably ‘bought at their own sales’, and violated their sacred trust.”

    The organization lamented the  desire by the lawmakers of the Kano State House of Assembly to pass a bill to award to themselves life pensions, foreign medical trips and brand-new vehicles every four years is oppressive, and violates the obligation of impartiality to the people of Kano they are elected to serve and the ideals of fiduciary government.

    It said the bill, proposed by Baffa Baba Dangundi, is a textbook case of diversion of public resources to private purposes.

    Read Also: New Emirs appointed before court order – Ganduje

    “Rather than passing bills to divert public resources for personal benefits, SERAP advised the lawmakers to pass legislation that would urgently address the chronic problem of over three million out-of-school children in Kano (the highest in Nigeria) and ensure “immediate payment of outstanding pensions and workers’ salaries, given that your government has already received N21.7 billion from the Paris Club debt refund, and also reportedly received in 2018 N84.2billion from the Federation Accounts Allocation Committee (FAAC).

    “If assented to, the bill would lead to a misuse of trust property and threaten to affect the welfare of the people of Kano by diverting public funds from development and provision of access to quality education, clean water and healthcare to the personal benefits of members of the House of Assembly.

    “Assenting to the bill would also have serious consequences for the people of Kano and would breach your fiduciary duties including your duty to take reasonable care in the management of public funds and the duty to account. This means that you should strive to work in accordance with the purposes of your offices, and to manage public funds competently and for the public good.

    “Government is a trust for the benefit of the governed, and members of the Kano State House of Assembly ought to be guardians of justice, general good and public interests. There is indeed a duty on the lawmakers to subordinate their own interests to those they are supposed to serve. But rather than acting as the ‘servants of the people’, the lawmakers have acted in a self-serving way and pushing to enrich themselves at the expense of the people of Kano.”

    “All public officials including lawmakers must act consistently with the purposes of the governmental trust: the good of the people and the security of their persons, liberty, and property.  The purpose of any government–whether federal or state—is to promote the interest of the entire society, in this case, the people of Kano, and not the interests and welfare of a few in the House of Assembly. The lawmakers should pursue the happiness and prosperity of the Kano people with fidelity.”

    “SERAP therefore urges you to be loyal to the public interest by rejecting the bill and prevailing on the members of Kano State House of Assembly to immediately drop the bill. By doing this, you will follow in the footsteps of your Bayelsa State counterpart, Seriake Dickson, who recently turned down a bill seeking life pension for the state’s serving and former lawmakers.”

    “Rejecting the bill would also mean you will uphold the solemn trust committed to you by the people of Kano, and the fiduciary duties imposed on your government by the Nigerian Constitution and Nigeria’s international obligations and commitments”, it stated.

  • SERAP seeks compensation for victims of building collapse in Lagos, Ibadan

    Socio-Economic Rights and Accountability Project (SERAP) has urged Lagos and Oyo state governors to take immediate action to address the numerous ongoing human rights impacts of the building collapse in their respective states to avoid further damage to the human rights of the people affected.

    The organization urged the two governors to ensure access of victims and their families to effective remedies in a transparent manner, “specifically, access to justice, adequate compensation, reparation, and guarantees that incidents like these can never happen again.”

    SERAP, in a statement issued on Sunday and signed by its Deputy Director, Kolawole Oluwadare said the dual incidence of the collapsed building  tragedies point to weak enforcement of building regulations and oversight by the two states.

    It said the twin incident require urgent need for effective action and reforms.

    SERAP said its concern for the victims stemmed from the fact that  responses so far by the governments of the two states have been insufficient to deal with the massive extent of the human costs of the incidents.

     “These incidents come as a tragic reminder of the mismanagement, weakness in the regulatory and monitoring regime. The governments should have done more to prevent them from happening. The governors should act decisively on their commitments to do everything in their powers to prevent more such tragedies, and to bring to justice those responsible, to serve as a deterrent and end the negligence at which many are carrying out their duties.”

    The statement read in part: “Schools should be a sanctuary – a place where children can learn, develop and play with their classmates, and prepare for their future lives in society.

    “Collapse of school building due to weak enforcement regulations or corruption is an implicit attack on the right of Nigerian children to education, life, and human dignity. Such situation creates an environment of fear and severely diminishes the quality of children’s education.

    “The tragedies demand accountability and both Lagos and Oyo states should accept responsibility for these incidents; promptly, thoroughly and impartially investigate exactly how they happened, and publicly apologise to the victims, their families and Nigerians. Building developers and contractors can only be properly held to account if the two states do the right thing for the harm they have caused.”

    “SERAP is seriously concerned about the frequency of building collapse in the country.

    “Many buildings within Lagos and Oyo states reportedly remain in breach of minimum standards. Both governments should urgently take effective monitoring and enforcement action and provide conclusive evidence that buildings within their states are safe, strong, stable and meet applicable legal and building standards.

    The organization urged all levels of government to monitor and effectively enforce compliance by public and private actors with their regulatory and environmental standards in order to prevent other tragedies,.

    “President Muhammadu Buhari and all the 36 state governors should publicly commit that they will do everything possible to prevent new tragedies like those of Lagos Island and Bode, Ibadan.

    “We condemn the collapse of a three-storey building in Ita Faji area of Lagos Island with over 20 people including school children reportedly dead and 45 injured, and the collapse of a two-storey building in Ibadan, Oyo State, with some people reportedly injured.

    “We stand in solidarity with those affected and ready to help by providing free legal advice, assistance and support in order to ensure that justice is not only done, but also seen to be done in these cases”, the organization stated.

  • SERAP sues Fed Govt, states at ECOWAS Court over attacks on journalists, bloggers

    Socio-Economic Rights and Accountability Project (SERAP) has filed a suit against the federal and state governments at ECOWAS Court of Justice, Abuja over the frequent and repressive application of the Cybercrime Act to harass, intimidate, arbitrarily arrest, detain, and unfairly prosecute anyone found publishing views or facts perceived to be critical of their administration.

    In the suit filed by its solicitor, Femi Falana (SAN), number ECW/CCJ/APP/09/19 filed last week at the ECOWAS Court, SERAP is seeking a declaration that the actions of the defendants and its agents and allstates of the federation in arbitrarily enforcing the provisions of the Cybercrime (Prohibition, Prevention, etc) Act 2015 particularly its section 24 to harass, intimidate, arrest, detain, prosecute and imprison journalists, bloggers, and social media users, violate the rights to freedom of expression, information, opinion and privacy and media freedom, guaranteed under Articles 6,8,9 and 24 of the African Charter on Human and Peoples’ Rights;Articles 7,9,17 and 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party

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

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

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

    It also asked the court for an orderdirecting the defendant and or its agents and several states of Nigeria to provide effective remedies and reparation, including adequate compensation, restitution, satisfaction or guarantees of non-repetition that the court may deem fit to grant to human rights defenders, activists bloggers, journalists and other online and off-line media practitioners that have been harassed, intimidated, unlawfully arrested, detained, and unfairly prosecuted by the defendant among others.

    SERAP argued that: “the federal and several state governments and their agents have trampled on the rights to freedom of expression and information of bloggers, journalists, activists, and social media users through the repressive use and implementation of the vaguely worded provisions of the Cybercrime Act..

    The organization argued: “The fundamental question for the court is whether the federal and state governments, by using and applying the Cybercrime Act and other similar laws on cyberstalking and sedition to prosecute journalists, bloggers and activists over perceived critical views, violate the rights to freedom of expression and access to information”.

    It submitted: “under international freedom of expression jurisprudence, the answer is ‘yes’,”

    To support the suit, SERAP, in a chronologically order, highlighted some of the high-profile cases of harassment, intimidation, arrest, unlawful detention, prosecution and imprisonment of journalists, bloggers, and activists for alleged cyberstalking.

    The suit read in part: “The idea of a democracy is that the people are encouraged to express their criticisms, even their wrong-headed criticisms, of elected government officials, in the expectation that this process will improve the process of government. In circumstances of public debate concerning public figures in the political domain and public institutions, the value placed by legal principles and jurisprudence upon uninhibited expression is particularly high.

    “The systematic and persistent use of the Cybercrime Act and other similar laws on alleged cyberstalking to prosecute and imprison journalists, bloggers and activists for their criticism of public officials runs afoul of freedom of expression principles, namely: that criminal prosecutions against journalists and bloggers is never an appropriate remedy for alleged defamation of government officials, and that  news reporting about government officials are matters of public interest, which should be accorded heightened protection.

    “Sanctions for defamation should not be so large as to exert a chilling effect on freedom of opinion, expression and media freedom; penal sanctions, in particular imprisonment, should never be applied. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion. The public also has a corresponding right to receive output.

    “Section 24 of the Cybercrime Act which provides for the offence of cyberstalking has been severally used and applied by the Defendant and its agents and several stategovernments across the country in molesting, intimidating, harassing and witch-hunting anyone found publishingviews or facts deemed critical of government and/or government officials.

    “The vaguely worded offence of cyberstalking as stated in the Cybercrime Act is accorded a wide interpretation that extends to factual and true reports by activists, journalists, social media users and bloggers, thereby leaving a chilling effect on the rights to freedom of expression and information and media freedom and on citizens’ participation in the fight against corruption.

    “The abusive and repressive use of the vaguely worded provisions of the Cybercrime Act to stifle and muzzle perceived critics, journalists, bloggers and other media practitioners is an affront and it is dangerous to the rule of law and protection of the human rights of people.

    “Stories published online have been deemed ‘offensive’, ‘obstructive’, ‘insulting’ or ‘annoying’ with actionable consequence under section 24 of the Act even when the stories are true, correct and factual. Some stories published through traditional media outlets (print and electronic) that were never sanctioned by the government have been sanctioned by the same government upon being republished through online platforms.”

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

  • SERAP threatens to sue Fed Govt over postponement of 2019 elections

    Socio-Economic Rights and Accountability Project (SERAP) has said that successive governments since the return of democracy in 1999 and the leadership of the National Assembly should be held responsible for the postponement of the 2019 general elections now re-scheduled for Saturday.

     “Given the increasing tendency to postpone elections and the cumulative failures and corruption over the years, SERAP would, after the elections, pursue appropriate legal action against the government in power and the National Assembly leadership for the catalogue of breaches of constitutional and international obligations, and seek effective remedies for the citizens.”

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

    In a statement issued on Sunday and signed by SERAP Deputy Director, Kolawole Oluwadare, the organization said postponement of Nigeria’s elections since 2007 has  shown a systemic failure of leadership at the highest level of government.

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

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

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

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

    “Rather than prioritising genuine and comprehensive reforms of the electoral system that would upgrade and modernize our voting processes, successive governments and leadership of the National Assembly would seem to prefer the status quo, presumably to undermine citizens’ right to participation and to continue to profit from the corruption and impunity that the current system and processes breed.

    “It is clear that the current electoral process is vulnerable to corruption but politicians would seem to have little incentive to comprehensively reform, upgrade and modernise it. It is unlikely that either the federal government or the National Assembly would take the steps necessary to sort out our electoral system, and improve transparency, accountability and integrity of the electoral process”.

    SERAP therefore urged Nigerians to take more active role in the fight against corruption, including by putting pressure on the authorities at the federal and state levels and the National Assembly to comprehensively reform, upgrade and modernize our electoral system and processes adding “otherwise, citizens’ right to participate in the governance system will remain a ‘hollow right’.”

    “Given that the right to vote is considered a part of an individual’s fundamental right to political participation, persistent postponement of elections in the country raises serious questions about the legitimacy and integrity of Nigeria’s fledgling democracy.”

    “Persistent failure to upgrade and modernize the electoral system has effectively relegated the right of participation to paper tiger status, undermining the ability of citizens to genuinely participate in the fight against corruption and to hold their leaders to account. Yet, a transparent, accountable and modernized electoral process is a prerequisite to the effective exercise of citizenship in a democratic society.”

    “No right is more precious in a democratic country than that of having a voice in the election of those who represent us. That voice is not lost when the electoral process is skewed in favour of politicians’ interests and against the Nigerian voters. Other rights, even the most basic, are illusory if the right to vote is undermined by the collective failure to upgrade and modernize the country’s electoral processes.”

    The organization said now is the time to push for revolutionary changes in how Nigeria conducts its elections. The changes should effectively deploy modern technology, which has been successfully used in the business and other sectors in the country. Such changes may include the introduction of a national system of Internet voting, to innovative ideas on how to adapt the election systems to facilitate participation by different sectors of the population, to conform with twenty-first century elections.”

  • SERAP: National Assembly’s order on Patience Jonathan’s accounts illegal

    SERAP: National Assembly’s order on Patience Jonathan’s accounts illegal

    A RIGHTS group, Socio-Economic Rights and Accountability Project (SERAP), has criticised some committees of the National Assembly for directing some banks to allow ex-First Lady Patience Jonathan access to her accounts, which were frozen over alleged corruption.

    SERAP said the directives, which were made in September by the House of Representatives and repeated last week by the Senate, were unconstitutional.

    Its deputy director, Timothy Adewale, described the lawmakers’ action “as a tool for checkmating the country’s justice system, especially the prosecution of grand corruption”.

    The National Assembly, it said, was usurping the powers of the executive and judiciary.

    It urged Senate President Bukola Saraki and Speaker of the House of Representatives Yakubu Dogara to “urgently withdraw” the directives.

    “Rather than helping Mrs. Jonathan’s desire to achieve justice for what she may consider to be violations of her human rights, such directives are doing exactly the opposite and politicising the criminal justice process,” SERAP said.

    The Senate had last week decided that Mrs. Jonathan’s accounts should be unfrozen, saying that some of the accounts in seven banks were frozen based on administrative lapses.

    It claimed that the Economic and Financial Crimes Commission (EFCC) used the banks to close the accounts without due process of law.

    But, according to SERAP, “Nigerians are concerned about their lawmakers’ thirst for power and about the National Assembly aggrandising its legislative powers without sufficient checks and constitutional scrutiny and validity.

    “The National Assembly ought to focus the exercise of its legislative powers solely on making laws for the peace, order and good government of our country, addressing only matters of prime national concern, and when necessary, checking the excesses of the executive branch.”

    It said the directives will destroy public confidence that the National Assembly will “change its ways” and embrace the rule of law.

    “These kinds of interventions by the National Assembly could portray our lawmakers in the eyes of Nigerians as forgetting what they are in Abuja to do,” the group added.

    SERAP urged the lawmakers to advise Mrs. Jonathan to seek appropriate judicial remedies if she feels the criminal justice mechanisms have violated her human rights.

    It added: “That’s the essence of the rule of law, separation of powers and checks and balances. The supposed directives to banks have unfortunately again put the reputation of the National Assembly at stake.”

    “What Nigerians want and deserve is a balanced sharing of constitutional powers for the sake of the public good, and not ‘imperial National Assembly’, a National Assembly that sits on its throne in Abuja and treats Nigerians as serfs in their fiefdoms.”

    “If the body that makes law also controls its execution, implementation and interpretation, it can effectively tailor the laws to help itself and its friends and hurt its perceived enemies.”

  • NLC, NEITI, others: NNPC ‘scandal’ must be investigated

    NLC, NEITI, others: NNPC ‘scandal’ must be investigated

    The calls for investigation of the contract debacle at the Nigerian National Petroleum Corporation (NNPC) have refused to abate. More groups, including the Nigerian Extractive Industries Transparency Initiatives (NEITI), the Nigeria Labour Congress (NLC), Africa Network for Environment and Economic Justice (ANEEJ) and the Socio-Economic Rights and Accountability Project (SERAP), added their voices to the growing list of pro-probe NNPC advocates.

    The All Progressives Congress (APC), however, declined comment on the controversy. Its National Publicity Secretary, Mallam Bolaji Abdullahi, told reporters: “We can’t comment on that now. In fact, we have no comment on it.”

    NEITI Technical Adviser Dr. Dauda Garuba urged the President to wade into the crisis because $25 billion is too huge an amount to consummate its contract without due process.

    He said: “Whichever way one looks at it, N25 billion is too huge an amount to  build contracts around without due process. We are supposed to be a country guided by rules and procedures. We must make Nigeria work.”

    Garuba said that if it is established that there are infractions as alleged by the Minister of States for Petroleum Resources, the necessary sanctions must be deployed.

    He insisted that Mr. President must demonstrate that he meant business when he promised Nigerians to reform the oil sector.

    He said: “I must say that it is unfortunate that the Nigeria public is being unenviably treated to unpleasant developments in the oil sector. If you ask me, this is coming at a wrong time in our history. Just when we are expecting a reform of the sector so that it can deliver the country out of the woods, we are having to deal with this.

    “So much progress has been recorded in the reform of the oil sector in the last two years that Nigeria cannot afford to turn back the hand of the clock. I know Nigerians are yet to hear from the other side. It will be fair that those who leaked the memo by the Minister of State for Petroleum Resources to President Muhammadu Buhari also live up to their sophistry in access to secret information by obliging Nigerians the response by the Group Managing Director of NNPC. President Muhammadu Buhari must step in and do the needful.”

    The NLC said the issues raised in the communication between the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, and President Muhammadu Buhari should be properly investigated.

    The President of the congress, Comrade Ayuba Wabba, in an interview, said the issues raised by the minister must be verified.

    He said: “The issue is under some investigation and I think there should be an opportunity to interrogate the process and at the end of the day, let us know the veracity and facts of the issue. We have made this issue quite clear and loud that part of our challenge is how we are able to imbibe the process of good governance, transparency and accountability.

    “Some of the issues bothers on this critical idea of ensuring that there is good governance in place. Our hope is that this issue will be thoroughly investigated and concluded. At the end of the day. Let us hear what the issues are as well as the fact of the matter. Once we get the facts, we will then be able to make conclusion.

    “I am aware that the process of investigation is on and I am sure that the Presidency will react appropriately since there is a communication on an issue that bothers on good governance.

    “The normal thing to be done is for the issue to be addressed through the normal process. Once this type of information is thrown to the public, the normal thing is to have a process through which these issues can be looked into.

    “I am aware that the Senate are already investigating the issue and so, the process of that investigation must be concluded so that we can have the fact and be able to make meaningful contributions. Whether the Presidency or the National Assembly, they can investigate because they have the power to do so.”

    ANEEJ yesterday called on the National Assembly and President Buhari to conclude the passage and assent of the Petroleum Industry Governance Bill.

    A conclusion of the enactment, according to the civil society organisation, will forestall the reoccurrence of the issues in the oil and gas sector that Kachikwu, raised against the Group Managing Director of the NNPC, Dr. Maikanti Baru.

    The petition was on arbitrary award of $25 billion contract, insubordination, among other infractions of the NNPC boss.

    ANEEJ Executive Director Rev. David Ugolor, in a statement in Abuja, applauded the Senate for launching a probe into Kachikwu’s allegations.

    Ugolor said: “Since the Senate has waded into the matter, we suggest that Mr. President as well must invite the Nigerian Extractive Industry Transparency Initiative, NEITI, to carry out a comprehensive and forensic audit of the allegations.

    “Among statutory functions of the NEITI include the regulation of matters related to due process in the award of contracts in the extractive sector of the Nigerian sector.

    “We believe that the inconsistencies being thrown up by the startling revelations from the Minister of State for Petroleum Resources include some of the issues which the Petroleum Industry Governance Bill seeks to address and redress.

    “The present administration since inception has defined itself first through its corruption stance, and more by the reforms it has introduced in the oil sector. It scrapped the opaque oil swap which made it possible for individuals within government to line their pockets with millions of dollars and has replaced it with the Direct Sale, Direct Purchase scheme.

    “That lofty plan of Direct Sale, Direct Purchase stands in jeopardy if all the contracts that have been awarded and the companies they have been awarded are not subject to thorough vetting and investigations by both the Senate and the NEITI.”

    For SERAP, Buhari must use his “good offices and leadership position to urgently refer the allegations of corruption and abuse of office against Mr Maikanti Baru, Group Managing Director Nigerian National Petroleum Corporation (NNPC) to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for investigation, and if there is relevant and sufficient admissible evidence, for him to face prosecution”.

    The organisation urged Buhari to “suspend Mr Baru pending the referral to the EFCC and ICPC, and the outcome of any investigation by the anti-corruption agencies in order not to create the impression that your government is treating Mr Baru as a sacred cow. We urge you not to allow the allegations against Mr Baru to go the way of past inconclusive investigations of allegations of massive corruption within the NNPC”.

    In an October 2017 a letter signed by SERAP executive director Adetokunbo Mumuni, the organisation said: “The allegations by Dr Kachikwu constitute grave breaches of the Corrupt Practices and Other Related Act of 2000; and the UN Convention against Corruption (UNAC) which Nigeria recently ratified. In particular, the UN Convention against Corruption imposes clear obligations on Nigeria to investigate allegations of corruption such as the present one; prosecute suspected perpetrators and ensure return and repatriation of proceeds of corruption.

    “SERAP is concerned that years of systemic corruption within the NNPC and looting of Nigeria’s natural resources have had uneven consequences against the vulnerable groups of the society, including the poor, women and children, perpetrating and institutionalizing discrimination, and jeopardizing the needs and well-being of future generations. If left unaddressed, the allegations by Dr Kachikwu have the potential of undermining your government’s expressed commitment to returning Nigeria to the path of transparency and accountability.

    “SERAP believes that Mr Baru’s case presents your Administration with yet another rare opportunity to reassure a lot of Nigerians who may be worried about the direction of travel of your anti-corruption agenda. Rather than keeping silent on the matter, we advise you to use this case to show to Nigerians that no form of corruption will be tolerated in the NNPC under your watch.

    “SERAP also believes the recommended approach would help to address the growing public suspicion and pessimism about your government’s ability to fight high-level official corruption to a standstill, and to avoid any collateral consequences. It is absolutely important that the public should have complete confidence and trust in your Administration’s oft-repeated commitment to fight corruption and the impunity of perpetrators.

    “SERAP notes the recent allegations of corruption against Mr Baru by Dr Emmanuel Ibe Kachikwu, Minister of State of Petroleum and Chairman NNPC Board. In the letter to you Dr Kachikwu alleged among others appointments and postings in NNPC without due process; award of contracts above $20m without following the legal and procedural requirements for such contracts including the Crude Term contracts- value at over $10bn; the DSDP contracts- value over $5bn; the AKK pipeline contract- value approximately $3bn; various financing allocation funding contracts with the NOCs – value over $3bn; and various NPDC production service contracts – value at over $3bn—$4bn.”

  • Prof Oyebode, others seek mass action against corruption

    Prof Oyebode, others seek mass action against corruption

    Professor of International Law and Jurisprudence, Akin Oyebode has said that corruption has become a crime against humanity in the country.

    He said that the vice has become so alarming that it might result in the mortality of Nigeria as a nation-state if drastic measures are not put in place urgently to contain it.

    Oyebode spoke 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 Citigeight Hotel, Sheraton Opebi Link Road, Ikeja Lagos.

    The University of Lagos (UNILAG), Akoka, Lagos law lecturer who delivered paper on “Mobilizing the citizens to demand anti-corruption reforms and an end to impunity for grand corruption in Nigeria” however emphasized that “mass action by the citizens is urgently needed to put pressure on authorities to end impunity for grand corruption in the country.”

    Though he admitted that the county has a set of anti-corruption laws reflecting the will and intention of the government to battle the virus to the hilt.

    He pointed out that the efficacy of anti-corruption legislation coupled with judicial pronouncements, 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”, he stressed.

    According to him, the people must be made aware of the nexus between corruption by the political leadership and their niggardly circumstances.

    He contended that once the masses  realized 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. 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 want to attack organizations like SERAP, the masses should fight for them”, he said.

    Oyebode decried the recent attempt by the National Assembly with the NGO bill intended to control, monitor and eventually muzzle Civil Society Organizations (CSOs) on the excuse that some CSOs are corrupt should not be allowed.

    “Cutting off the head is not the cure for headache, the bill is an overkill. If they cage organizations like SERAP, who will fight for the masses. The government do not want anybody to act as impediment to their thievery activities”, he stated.

    The erudite professor of law lamented that corruption is now thriving more than ever before, despite the ongoing fight against it.

    He remarked that there are a number of international laws that have  helped in the fight against corruption adding that it now behoves on citizens to take advantage of this laws to fight against the vice.

    He also stated that Nigerians can now have hope in the anti-corruption war with the setting up of Justice Issa Ayo Salami led ” Monitoring Committee on Corruption Cases” set up by the Chief Justice of Nigeria (CJN), Walter Onnoghen.

    Activist lawyer, Femi Falana (SAN) in his intervention at the event agreed with Prof. Oyebode on the need for churches, mosques and traditional rulers to stop honouring politicians without first ascertaining their source of wealth.

    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”, he said.

    Falana berated lawyers who prolonged corruption cases by examining witnesses for several months and long adjournments despite that ‘stay of proceeding’ has been outed by the law.
    “We must stop our lawyers from terrorizing our courts and judges. We must make our judges to take charge of their courts”, he emphasized.

    The Attorney General of the Federation and Minister of Justice Abubakar Malami (SAN) who was represented by his Senior Assistant, Abiodun Aikomo lamented that Nigeria has been a country of potentials right from independence but regretted that the country has failed to realize these potentials owing to corruption.

    “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”, he advised.

  • 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.