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

  • SERAP seeks more protection for EFCC officials

    SERAP seeks more protection for EFCC officials

    Socio-Economic Rights and Accountability Project (SERAP) has urged the acting President Pro. Yemi Osinbajo to order the Inspector General of Police (IGP), Ibrahim Kpotun Idris, to lead the investigation of Wednesday’s attack by gunmen on the headquarters of the Economic and Financial Crimes Commission (EFCC) in Abuja.

    The organization emphasized the need to ensure the safety and security of those in the frontline of the fight against corruption.

    It pointed out that the attack amounted to threat to the lives of officials of the commission urged government to bring anyone suspected to be responsible to justice without delay.

    The EFCC had on Wednesday reported attack on its Abuja premises and a death threat to its official, Ishaku Sharu, who heads the Foreign Exchange Malpractices Fraud Section and oversees corruption investigation involving several politically exposed persons. This followed another attack on EFCC investigator, Austin Okwor, who was shot and wounded by unknown assailants in Port Harcourt, Rivers State.

    In a statement issued Friday by SERAP deputy director Timothy Adewale the organization said, “We stand with the EFCC as it works to carry out its mandates to prevent and combat grand corruption.

    “We condemn any attacks against the agency and its officials which are clearly aimed at harassing, intimidating and stopping them from prosecuting grand corruption cases. We urge the EFCC to remain steadfast to its mandates and not be intimidated by these attacks and threats.”

    The statement further read in part: “SERAP urges Prof. Osinbajo to instruct the Attorney General of the Federation and Minister of Justice Abubakar Malami (SAN) and the Inspector General of Police, (IGP), Ibrahim Kpotun Idris to immediately improve the system of protection for the officials of EFCC and other anti-corruption agencies.

    “Promoting and ensuring the safety and security of those in the frontline of the fight against corruption is the surest way to demonstrate the government’s commitment to combat the problem and end impunity of perpetrators.

    “The protection, safety and security of anti-corruption agencies and their officials is absolutely critical to fighting grand corruption and holding those in power to account. The absence of enhanced protection and security for the EFCC and other anti-corruption agencies could ruin the government’s anti-corruption efforts and weaken citizens’ trust and confidence in its ability to effectively and successfully prosecute grand corruption.”

  • SERAP drags Dogara to UN over bill to crackdown on CSOs

    SERAP drags Dogara to UN over bill to crackdown on CSOs

    The Socio-Economic Rights and Accountability Project (SERAP) has sent an appeal to three UN Special Rapporteurs over the National Assembly’s plan to establish a commission that would “crackdown and monitor civil society organisations”.

    A statement signed by the executive director of the group Adetokunbo Mumuni on Sunday said SERAP was seriously concerned that the bill was by far the most dangerous piece of legislation in the country.

    Mumuni said this was in terms of its reach and devastating consequences not only for the work of civil society but the effective enjoyment of constitutionally and internationally recognised human rights of Nigerians.

    He said the bill would adversely affect the country’s civil societies for generations to come and turn them into a government puppets.

    He said the urgent appeal was sent to Ms Annalisa Ciampi, Special Rapporteur on the rights to freedom of peaceful assembly and of association.

    Mumuni said the others were, Mr Michel Forst, Special Rapporteur on the situation of human rights defenders and Mr David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.

    He urged the rapporteurs to put pressure on the leadership of the National Assembly particularly the Speaker of the House of Representatives, Mr Yakubu Dogara, to immediately withdraw the repressive bill to establish the commission.

    He said the bill sought to monitor, supervise, de-register, and pre-approve all activities by civil society, labour, community based organisations, and the media, in the country.

    SERAP called on the Special Rapporteurs to prevail on the Acting President, Prof Yemi Osinbajo, to decline to sign the bill into law.

    Mumuni also wants the House of Representatives and the Senate to exercise their legislative powers for good governance and ensure a safe and enabling environment for civil society organizations both in practice and rhetoric.

    He urged them to do this in line with the 1999 Constitution of Nigeria as amended and the government’s international human rights obligations and commitments.
    “

    “The sole objective of the House of Representatives is to weaken and delegitimise the work of independent and credible civil society.

    ““If adopted, the bill which is copied from repressive countries, would have a chilling effect not only on expressions of peaceful dissent by the citizens but also on the legitimate work of NGOs.

    ““It will also affect individual human rights defenders and activists scrutinising corruption in the National Assembly and exposing human rights violations by the government.
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    “The bill if passed by the National and signed into law by Osinbajo would severely curtail the rights of all Nigerians to freedom of expression and freedom of peaceful assembly and association in the country.’’

    Mumuni said the bill was a further path of closing civic space in the country, something witnessed only under military regimes, and has no place in a democratic Nigeria.

    He said the bill was entirely unnecessary, as the work of civil society was already sufficiently regulated under existing legislation.

    He said the legislations included the Companies and Allied Matters Act, Economic and Financial Crimes Commission (EFCC) Act, the Independent Corrupt Practices and Other Related Offences Commission (ICPC) Act and other similar legislation.

    He said SERAP was also concerned that the proposed bill was coming at a time the members of the National Assembly were proposing amnesty and immunity for themselves.

    He said the quest for immunity was against prosecution for corruption and other economic crimes.

    He said the bill would also undermine both section 22 of the 1999 Nigerian constitution and article 13 of the UN Convention against Corruption.

    He said these laws gave the media a critical role to ensure that the government, at all levels, is accountable to the citizenry.

    Mumuni said the bill would subject Nigerians and civil society to extensive government control and interference negating the very essence of constitutionally and internationally recognized rights to freedom of expression, association and peaceful assembly.

    He said SERAP believed that independent groups and activists should have space to carry out their human rights and anticorruption work without fear of reprisals, such as losing their registration or being sent prison.

    “SERAP is concerned that by proposing this bill, Nigeria’s parliament is trying to immune itself from public criticism and scrutiny.
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    “If this bill is passed into law, good governance, the rule of law and respect for human rights of Nigerians would become a farce in the country.
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    “By gagging civil society from criticising the National Assembly and the government, the bill will undercut the rule of law, shrink civic space, and expose vulnerable Nigerians to greater level of injustice and repression.”
    Mumuni said without a strong civil society in Nigeria, the problem of high-level official corruption and other cases of violations of human rights would go unaddressed, and perpetrators would continue to enjoy impunity.

    He urged the authorities to rely on existing legislation which already regulate the work of these groups and to urge the National Assembly not to criminalise Nigerians for exercising their rights to freedom of expression, association and peaceful assembly.

    The bill, which is sponsored by Umar Jibril Deputy Leader, (PDP-Kogi) seeks to establish a commission responsible only to the president and the senate to regulate the activities of CSOs.  (NAN)

  • SERAP urges FG to recover over 40b received by ex-governors as pension

    SERAP urges FG to recover over 40b received by ex-governors as pension

    The Socio-Economic Rights and Accountability Project (SERAP) has urged the Federal Government to recover the more than  N40 billion so far received by  ex-governors currently serving as senators and ministers.

    A statement by Executive Director, SERAP, Mr Adetokunbo Mumuni, on Sunday said the politicians were already enjoying pensions and other privileges and ought not to receive further emoluments from the Federal Government.

    It said that it had dispatched a letter to the Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, to initiate steps toward the recovery of the funds.

    “We urged Malami to urgently institute appropriate legal actions to challenge the legality of states’ laws permitting former governors currently serving as senators and ministers to enjoy serving governors’ emoluments as pensions.”

    The organization expressed concern that many serving senators and ministers were receiving salaries and life pensions running into billions of naira from states that were currently unwilling or unable to pay workers’ salaries.

    It said that double emolument and large severance benefits for former governors now serving public officials constituted a blatant betrayal of public trust.

    It listed the beneficiaries as Dr Bukola Saraki (Kwara), Rabiu Kwankwaso (Kano), Kabiru Gaya (Kano), Godswill Akpabio (Akwa Ibom), Theodore Orji (Abia),Abdullahi Adamu (Nasarawa), Sam Egwu (Ebonyi).

    Also on the list are Shaaba Lafiagi (Kwara), Joshua Dariye (Plateau), Jonah Jang (Plateau), Ahmed Yerima (Zamfara), Danjuma Goje (Gombe), Bukar Ibrahim (Yobe), Adamu Aliero (Kebbi) and George Akume (Benue).

    Others are Biodun Olujimi (Ekiti), Enyinaya Abaribe (Abia), Rotimi Amaechi (Rivers), Kayode Fayemi (Ekiti), Chris Ngige (Anambra) and Babatunde Fashola (Lagos).

    “We are urging you to use your good offices as a defender of public interest, and exercise your powers under Section 174(1) of the Constitution of Nigeria 1999 (as amended).

    “This is for you to urgently institute appropriate legal actions to challenge the legality of states’ laws permitting former governors, who are now senators and ministers to enjoy governors’ emoluments while drawing normal salaries and allowances in their new political offices.

    “SERAP is also asking you to seek full recovery of over N40bn of public funds that have so far been received from those involved.

    “We want you to begin to take these steps within seven days of the receipt and/or publication of this letter.’’

    The group said failure to do this would make SERAP to institute legal proceedings to compel the discharge of constitutional duty and full compliance with Nigeria’s international anticorruption obligations and commitments.

    SERAP noted that under the Lagos Pension Law a former governor would enjoy the following benefits for life: Two houses, one in Lagos and another in Abuja estimated to cost between N500m and N700m.

    It said they also enjoy six brand new cars, furniture allowance of 300 per cent of annual salary to be paid every two years, and a close to N2.5m monthly  as pension (about N30m pension annually).

    It said he was  also entitled free medicals with his immediate families as well as house maintenance, car maintenance, entertainment and utility allowances inadditon to several domestic staff.
    It said in Rivers, the law provided 100 per cent of annual basic salaries for ex-governor and deputy, one residential house for former governor anywhere of his choice and one residential house for the deputy.

    It said three cars were given to the ex-governor every four years; two cars for the deputy, 300 per cent of annual basic salary for furniture; and 10 per  cent of annual basic salary for house maintenance.

    It said Akwa Ibom law provided N200m annual pay to ex governors, deputies; pension for life at a rate equivalent to the salary of the incumbent governor/deputy governor respectively.

    It said a new official car and utility-vehicle , one personal aide and provision of adequate security; a cook, chauffeurs and security guards were provided for the governor.

    Others benefits include free medical services for governor and spouse at an amount not exceeding N100m for the governor per annum and N50m for the deputy governor.

    It said the law also gave a five-bedroom mansion and allowance of 300 percent of annual basic salary for the deputy governor; 300 percent of annual basic salary and severance gratuity.

    It said the Kano State Pension Rights of Governor and Deputy Governor provided for 100 percent of annual basic salaries for former governor and deputy as well as  furnished and equipped office.

    It said it also provided for a 6-bedroom house; well-furnished 4-bedroom for deputy, plus an office; free medical treatment for self and immediate families, two drivers; and a provision for a 30- day vacation within and outside Nigeria.

    It said Gombe law gave N300 million executive pension benefits for the ex-governors while Kwara law gave a former governor two cars and a security car replaceable every three years.

    The act  also provided for a well-furnished 5-bedroom duplex, 300 per cent of his salary as furniture allowance and five personal staff.

    The ex-governor and his deputy are  also entitled to free medical care, 30 per cent of salary for car maintenance,  20 per cent for utility, 10 per cent for entertainment; 10 per cent for house maintenance.

    SERAP said in Zamfara , former governors received pension for life, two personal staff, two vehicles replaceable, two drivers and  free medical treatment for them  and their immediate families in Nigeria or abroad.

    Ex-governors in the state are also entitled to  a 4-bedroom house in Zamfara, an office, free telephone and 30 days paid vacation outside Nigeria.

    It said the Sokoto State law gave former governors and deputy governors N200 million and N180million respectively being monetisation for other entitlements which included domestic aides, residence and vehicles that could be renewed after every four years.

  • CCT judge queries use of public funds to buy vehicles for politicians

    CCT judge queries use of public funds to buy vehicles for politicians

    Hon. Justice Agwadza William Atedze of the Code of Conduct Tribunal (CCT) has queried the use of public funds to buy vehicles for politicians.

    He therefore and counselled Socio-Economic Rights and Accountability Project (SERAP) to research the issues “to see how best we can reconcile our social and cultural values viz-a-viz the entire war against corruption and advise our policymakers accordingly.”

    Justice Atedze said this Thursday at the launch of SERAP’s latest report titled Combating Grand Corruption and Impunity in Nigeria: An Agenda for Institutional Reforms in Anti-Corruption Strategies.

    The report is published under a project to promote justice sector and anti-corruption oversight mechanism reform, which SERAP is undertaking in collaboration with the National Endowment for Democracy (NED), USA.

    Mr. Dauda Joki-Lasisi, Head of Procurement and Fraud Section of the EFCC who represented the agency at the report launch said that, “the fight against corruption can be likened to an allegory of a giant in the midst of ants, as little as an ant is, it may not be able to wear the trouser of a giant, but will remove it.”

    The Head of ICPC Lagos Office Mr. Olufemi Nofiu; and Mr. T. Collins who represented the Chairman of the CCB, Mr. Sam Saba echoed similar sentiments, promising to “do anything and everything within their powers to curb corruption in the country in its entirety.”

    Chairman of the report launch Barrister Babatunde Ogala said that, “Corruption is simply a way of life for us all, it is deep, when you steal as a religious institution, you are as corrupt as any Nigerian. In my opinion, corruption is both cultural and religious, corruption is as big as this country, the way of curbing it is by changing our national orientation.”

    Barrister Ogala, who was former Chairman of the Lagos State House of Assembly Committee on Judiciary, also said that, “The EFCC ought to have offices even at the local government level. The society itself encourages and invests in corruption. As a legislator, I was constantly measured by what I did for individuals and not by the amount of law making I engaged in.”

    All the anti-graft agencies present at the event renewed their commitment to work even harder to end the problem of grand corruption in the country, and end its devastating consequences.

    They include the Economic and Financial Crimes Commission (EFCC); the Independent Corrupt Practices and Other Related Offences Commission (ICPC); and the Code of Conduct Bureau (CCB).

    The report contains several recommendations among which is the call to the Chief Justice of Nigeria (CJN), Hon Justice Walter Onnoghen, to “ensure that all judges fully utilise the provisions of the Administration of Criminal Justice Act (ACJA) in the hearing of grand corruption cases before them.”

    Among other key recommendations, the report urges Justice Onnoghen to “ensure that judges, in situations where the ACJA rules apply, are made to follow the dictates of these innovative statutory interventions or face disciplinary action, and to incorporate into ongoing judicial trainings these crucial statutes and procedures as well as include the ACJA as part of the mandatory continuing legal education for all judges in Nigeria.”

    The report also recommends that “The Chief Justice and all other judges should also periodically disclose and publish their assets. The Chief Justice should promote full independence for the National Judicial Council including by allowing retired judges of proven integrity to lead the council.”

    Executive summary of the report read in part: “Corruption is a threat to democracy. It erodes confidence in and respect for democratic institutions and emerges as an obstacle to social, economic and human development. The fight against corruption is therefore crucial to achieve economic development and stability.”

    “Anti-corruption agencies in Nigeria generally have not met widespread expectations mainly because of lack of political will of those in government to fight grand corruption; absence of an over-all national anti-graft strategy; inadequate legal framework and resources and/or lack of full and effective implementation of new initiatives; limited independence and public trust; lack of an enabling climate and necessary know-how, and lack of basic ethical values.”

    “Anti-graft agencies should seek stiffer penalties for convicted corrupt officials and minimise the use of plea bargaining, to serve as deterrence; and the judiciary at all levels should assume leadership in this regard.”

    “The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should instruct the Attorney General of the Federation and Minister of Justice Abubakar Malami, SAN to urgently ensure the full and effective implementation and enforcement of the Practice Directions on Serious Crimes, 2013, and the ACJA Act 2015 in all courts and tribunals handling cases of grand corruption to ensure that stalling of prosecution by defence lawyers becomes history.”

    “The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should reform the anti-graft agencies in Nigeria with a view to granting them independence, freedom of action and adequate resources, so that they can carry out their mandates effectively.”

    “The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should instruct anti-corruption agencies to urgently publish reports of their investigations into the allegations of budget padding by the leadership of the National Assembly and to prosecute anyone suspected to be involved in grand corruption. President Buhari and Acting President Osinbajo should also ensure adequate protection for the Whistle-blower Abdulmumin Jibrin.”

    “The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should prioritise and give sufficient political and operational attention to the coordination of anti-corruption efforts, with coordination issues considered from the design stage of anti-corruption policy making, as many coordination efforts in the operations of anti-corruption agencies in Nigeria have failed because of their original design flaws.”

    “The EFCC and ICPC should urgently come up with strategies for prioritising corruption cases within states and local government levels. Corruption should not only be fought at the Federal level but also at the state and local government levels.”

    “The EFCC and ICPC should intensify processes to investigate and effectively prosecute state officials involved in diverting bailout funds meant for payment of salaries and pensions but which the ICPC has disclosed have been diverted. The ICPC should publish the bailout report and name and shame all of those suspected to be involved.”

     

  • FG’s anti-corruption war on track – SERAP

    FG’s anti-corruption war on track – SERAP

    Mr. Adetokunbo Mumuni, Executive Director, Socio-Economic Rights and Accountability Project (SERAP), says the anti-corruption war of the President Muhammadu Buhari-led administration is on track.

    Mumuni spoke in Lagos on Wednesday at the launch of SERAP’s latest report titled, “Combating Grand Corruption: An Agenda for Institutional Reforms in Anti-corruption Strategies”.

    He faulted claims in some quarters that the anti-graft campaign was selective, saying anyone who flouted the nation’s laws was supposed to face the music.

    Mumuni said: “This is my professional opinion as a lawyer and social rights campaigner. I believe that the war against corruption by this administration is on track.

    “Until Buhari came along, nobody knew how much of our money was being stolen, especially in the guise of buying weapons to combat insurgency.

    “So, it does not really matter if you belong to the All Progressives Congress or the Peoples Democratic Party; if you cannot account for over 2 billion dollars, then you deserve to face prosecution.”

    He explained that corruption eroded confidence in, and respect for democratic institutions, and was as an obstacle to social, economic and human development.

    Mumuni said the anti-corruption agencies in Nigeria, however, face challenges of inadequate legal framework and resources.

    As part of SERAP’s recommendations, he urged government at all levels to provide stronger and more concerted approach to tackling grand corruption in Nigeria.

    Mumuni urged the Attorney General of the Federation and those of the states to seek stiffer penalties for convicted corrupt officials and to minimise the use of plea bargaining to serve as deterrent.

    Also speaking, Dr. Olajumoke Akiode, Director, Centre for Ethics and Sustainable Development, called for attitudinal change in the fight against corruption.

    “Until the citizens come together and say `enough is enough`, we cannot win this fight against corruption,” she said.

    On his part, Mr. Babatunde Ogala, a former member of the Lagos State House of Assembly, noted that undue pressure placed on politicians by their constituents had also contributed to widespread corruption in the country.

    Ogala said, “Nigerian politicians are not measured by what they contribute to good governance but the assistance rendered to various individuals in their constituencies.

    “So, the society itself invests in corruption and that it why a collective effort is required to address this issue.”

  • Sagay: Senate summon unconstitutional- SERAP

    Sagay: Senate summon unconstitutional- SERAP

    Socio-Economic Rights and Accountability Project (SERAP) has advised the leadership of the Senate to immediately withdraw the summon it issued for Professor Itse Sagay, Chairman Presidential Advisory Committee Against Corruption to appear before the Senate committee on ethics, privileges and public petitions.

    It described the summon as “unwartanted and unconstitutipnal”.

    SERAP in a statement on Thursday signed by its executive director Adetokunbo Mumuni said that, “the Senate’s decision to summon Professor Sagay simply for exercising his right to freedom of expression is arbitrary, a travesty, mala-fide, and cannot withstand constitutional scrutiny.”
    It said suppression of freedom of expression and public discussion is inimical to peace, order, good governance and the rule of law, and patently inconsistent with the Senate’s law-making and oversight functions.

    The statement read in part: “The Senate is not immune from constitutional control simply because it’s a law-making body. In fact, the Senate has neither special immunity from the operation of the constitution nor special privilege to invade the constitutionally and internationally guaranteed right to freedom of expression of Professor Sagay or other citizens for that matter.

    “The framers of the Constitution of Nigeria 1999 (as amended) would never have contemplated a legislative power without responsibility, and the Senate can’t continue to carry on in a manner that implies its law-making and oversight powers are not open to question. Therefore, its powers under the constitution ought to be exercised reasonably and responsibly, consistent with the fundamental notions of peace, order, good governance and the public interest.

    “The human rights of Nigerians are secured against not only executive lawlessness but also legislative excesses. To trample on citizens’ freedom of expression is to thwart the ideals of representative democracy and the rule of law.

    “The National Assembly is constitutionally empowered to make laws for the peace, order and good governance of Nigeria but recent events in the Senate would seem to stir the public anger. It seems curious that the Senate will be giving a raw deal to the heads of the two leading anti-corruption bodies in the country—Ibrahim Magu of the Economic and Financial Crimes Commission and Itse Sagay of the Presidential Advisory Committee Against Corruption.

    “All public institutions and figures are legitimately subject to criticism and political opposition. The Senate in particular and the National Assembly as a whole would do well to respect the inherent rights of Nigerians that are so fundamental to our constitutional structure. Democracy, constitutional supremacy, and the rule of law require no less. Indeed, no principle is more basic to any proper system of law than the maintenance of the rule of law itself”, it stated.

    It recalled that Professor Sagay’s comment was a reaction to the Senate’s refusal to proceed with confirmation of 27 persons President Muhammadu Buhari nominated as Resident Electoral Commissioners.

  • Patience Jonathan: Court strikes out suit against SERAP

    Patience Jonathan: Court strikes out suit against SERAP

    Justice Mojisola Olatoregun-Ishola of the Federal High Court in Lagos has struck out a suit by a group, the Union of Niger Delta Youth Organization for Equity, Justice and Good Governance, against the Socio-Economic Rights and Accountability Project (SERAP).

    She struck it after the group applied to discontinue the case on Tuesday.

    The judge awarded N25, 000 cost against the plaintiff.

    SERAP’s lawyer, Timothy Adewale, described the case as “a complete waste of our time.”

    The group claimed it filed the suit on behalf of wife of former President Goodluck Jonathan, Patience.

    The plaintiffs accused SERAP of using online, print and electronic media to publish unfounded and malicious allegations that she stole $15million and ought to be prosecuted.

    SERAP had argued the group was not registered and lacked the right to file the suit.

    The group prayed the court for “an order of interim injunction restraining SERAP from taking any further steps in further vilification, condemnation and conviction of the former First Lady Mrs Dame Patience Jonathan, in all public media and in the use of the judicial process for that purpose by the extremely publicised pursuit of any application for the coercion of the Attorney General of the Federation to prosecute her for owning legitimate private property.”

    It said the campaign by SERAP was in breach of Mrs Jonathan’s right to be presumed innocent until proven guilty under Section 36(5) of the 1999 Constitution of Nigeria (as amended).

    “The action by SERAP seeks to coerce the Attorney-General of the Federation to embark on a breach of the same right when the Attorney General is in a better position than SERAP and the Court to know whether or not there is any evidence of wrongdoing by Mrs Jonathan.

    Five companies last September 15 pleaded guilty to laundering $15,591,700 (about N5billion) when they were arraigned.

    They are: Pluto Property and Investment Company Ltd (represented by Friday Davis), Seagate Property Development and Investment Company Ltd (represented by Agbor Baro), Trans Ocean Property and Investment Company Ltd (represented by Dioghowori Frederick) and Avalon Global Property Development Ltd (represented by Taiwo Ebenezer)

    Following the companies’ conviction, Rotimi prayed the court to order the forfeiture of the money to the Federal Government.

    Mrs Jonathan claims the monies in the companies’ accounts is hers.

    She also filed a suit seeking to unfreeze the accounts.

  • Dame Jonathan sues SERAP

    Dame Jonathan sues SERAP

    Socio-Economic Rights and Accountability Project (SERAP) has been sued over alleged “campaign of calumny against Mrs Dame Patience Jonathan using online, print and electronic media to publish to the public, unfounded and malicious allegations that she stole $15m and ought to be prosecuted.”
    In a statement dated 20 October 2016 and signed by SERAP executive director Adetokunbo Mumuni, the organisation said: “On 18th October 2016 at about 3:00pm we received court papers dated 6th October 2016 from a bailiff. The papers indicate that one Union of Niger Delta Youth Organization for Equity, Justice and Good Governance suing for themselves and on behalf of Mrs Dame Patience Jonathan filed a suit number FHC/L/CS/1349/2016 before a Federal High Court in Lagos against SERAP.”
    According to Mumuni, “the court papers also indicate a prayer for an order of interim injunction restraining SERAP from taking any further steps in further vilification, condemnation and conviction of the Former First Lady Mrs Dame Patience Jonathan, in all public media and in the use of the judicial process for that purpose by the extremely publicized pursuit of any application for the coercion of the Attorney General of the Federation to prosecute the Plaintiff/Applicant for owning legitimate private property, pending the hearing and determination of the Originating Summons.”
    Mumuni also revealed that “the suit is seeking an order directing SERAP to stay all action and to desist forthwith from proceeding against Mrs Dame Patience Jonathan, with any process whatsoever, pending the hearing and determination of the Originating Summons. SERAP was also served a separate application to be joined in the suit number FHC/L/CS/1318/2016 earlier filed by SERAP against the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, over allegations of $15m unexplained wealth against Mrs Jonathan.”
    In reaction to the development, Mumuni said, “SERAP categorically rejects these misleading and entirely unfounded accusations against us by Mrs Patience Jonathan and her group, and we will vigorously oppose the suit in court. SERAP will never, in the discharge of its mandates, succumb to any intimidation, harassment and attacks in any way, shape or form. We are now consulting with our lawyers and will be preparing shortly our defence in court.”
    According to Mumuni, “At no time did SERAP suggest or even hint that Mrs Jonathan was guilty of the allegations against her. On the contrary, what SERAP has said is that the fact that the $15m found in the four accounts belonging to Mrs Jonathan, raises serious suspicion or at the very least a prima-facie case of unexplained wealth/illicit enrichment, and imposes an obligation on Mrs Jonathan to explain and justify the source(s) of the $15m.”
    Furthermore, he noted that to be sure, SERAP is not engaged in any campaign against Mrs Jonathan or any other politically exposed persons for that matter. “Our suit was filed against the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, SAN, and not Mrs Jonathan. It’s a joke to accuse SERAP of trying to coerce the Attorney General to perform his constitutional duty, as this is for the court to decide.
    “SERAP consistently strives to ensure that its human rights and accountability work meet international standards and the highest standards of analytical rigor devoid of bias or assumptions as to individual’s guilt. Mrs Jonathan should end her attacks on an NGO simply working to make the government function to improve the conditions of millions of marginalised and disadvantaged Nigerians.
    “Our work is driven solely by the fundamental principles of justice, impartiality, solidarity, universality of human rights, transparency and accountability in the management of Nigeria’s resources and wealth. We believe that it is through action that we have taken in this matter that the government can be motivated to live up to its commitments and to meet the expectations of Nigerians for good governance, human rights and the rule of law.”
    SERAP quoted the court papers it received from Mrs Jonathan and her group as reading in part: “The campaign by SERAP is in breach of Mrs Jonathan’s right to be presumed innocent until proved guilty under Section 36(5) of the 1999 Constitution of Nigeria (as amended). The action by SERAP seeks to coerce the Attorney General of the Federation to embark on a breach of the same right when the Attorney General is in a better position than SERAP and the Court to know whether or not there is any evidence of wrongdoing by Mrs Jonathan.”
    “SERAP’s action is a blatant misuse of the processes of this Court. SERAP therefore no longer deserves to continue as an incorporated entity and ought to be dissolved. It is just and equitable to dissolve SERAP in the circumstances of this case. Damages will not be adequate compensation for the irreparable damage Mrs Jonathan will suffer if the application is not granted. The Plaintiff undertakes as to damages in favour of SERAP in the event the instant application ought not to have been granted.
    “There has been a running battle between the Economic and Financial Crimes Commission (EFCC) and Mrs Jonathan with respect to the release of her legitimately earned funds which were deposited in accounts opened in the names of certain companies by one of her husband’s aides without her authorization.
    “The funds in question were legitimate gifts from her friends and well-wishers over the last 15 years which she had been saving in order to utilize to upgrade family businesses and concerns which had been somewhat dormant by reason of the long period of her husband service as a public officer in Nigeria.
    “The gifts were given in small contributions by several persons some of whom she cannot even now recall over this period of 15 years sometimes in as small a gift as N250,000 Naira. In order to preserve the value of these funds which she did not require for any purpose at the time she changed them into foreign exchange and kept them as cash for a long period in her home safe in Port Harcourt and Abuja.
    “It was when the family home in Otuoke was burnt down by hoodlums under the instigation of political adversaries in 2010 that she began to think about banking these gifts which had now grown to large sums in United States Dollars. In 2010 she, therefore, summoned one of her husband’s domestic aids, Waripamo-Owei Emmanuel Dudafa to assist her in opening bank accounts into which the funds could be deposited.
    “Unknown to her, the said Dudafa, in a bid to be discreet about the owner of the funds decided to bank the funds in the names of companies owned by him. When she discovered this she was constrained to continue with the names of the companies when she was advised that it did not make any difference as to the ownership of the funds since the director of the company would appoint her as sole signatory to the accounts in question.”
    “When in 2016 Dudafa was arrested and detained she had no fear for the funds as she realised that the funds could not be attributable to him once it was discovered that she was the sole signatory to the said accounts. It was, therefore, a rude shock to her when she discovered that a no transaction order had been placed on the accounts by the EFCC in the belief that the funds belonged to Dudafa.
    “She instructed her solicitors to further write to the EFCC to inform them that the funds belong to her and that they formed a part of her legitimate earnings over the last 15 years. It was this letter that was leaked by the EFCC to the media that became sensationalised and led to the plaintiff’s vilification and attack by ignorant persons who had no information about the matter.
    “SERAP is playing to the public gallery in order to gain the notoriety it has achieved over the past years. SERAP has done this mostly by intervening in high profile issues without regard to the rights of persons it claims to protect. SERAP jumped into the fray of ignorant accusations being made against Mrs Dame Patience Jonathan in the public media and has begun a campaign of calumny against her using online, print and electronic media to publish to the public unfounded and malicious allegations that she stole the funds in question and ought to be prosecuted.
    “SERAP has maintained this position, notwithstanding the fact that there is no evidence whatsoever by which Mrs Jonathan could be prosecuted for obtaining the funds through unlawful means. In furtherance of this campaign, SERAP, being in breach of its own objects for which it was incorporated, has continued to proclaim the guilt of Mrs Jonathan in the media and recently was widely reported in the news media to have commenced a self-serving action to attempt to coerce the Attorney General of the Federation to prosecute her.”
  • SERAP petitions ICC over unpaid salaries by 11 governors

    SERAP petitions ICC over unpaid salaries by 11 governors

    The Socio-Economic Rights and Accountability Project (SERAP) have filed a petition at the International Criminal Court (ICC) against eleven state governments in the country over their failure to pay salaries to their workers.

    The organization in the petition requested the Prosecutor, ICC, Mrs. Fatou Bensouda, to use her position to investigate allegations of collective punishment and crimes against humanity against tens of thousands of Nigerian workers as a result of non-payment of their salaries for several months by their state governments.

    The affected states are Bayelsa, Benue, Bauchi, Osun, Rivers, Oyo, Ekiti, Kwara, Kogi, Ondo, and Plateau states.

    In the petition dated July 7, 2016 and signed by SERAP Executive Director, Mr Adetokunbo Mumuni, the organisation expressed concern that non-payment of workers’ salaries by several state governments in the country has made life impossible to live for the workers and families.

    SERAP therefore urged the ICC prosecutor, Mrs. Bensouda, “to bring to justice anyone who is 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 organization contended many Nigerians now face severe deprivation mental and physical health challenges as a result of the non-payment of their salaries.

    It said that many governors have continue to hide under the excuse of ‘limited allocations from Abuja’ to deny these workers the fruit of their labour while the workers’ individual liability have continued to rise.

    The petition stated in part: “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 state governors ought to know that their actions and/or omissions would likely to cause serious physical or mental suffering or a serious attack upon the human dignity of workers whose salaries are not paid.

    “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 of thousands of workers such as adequate food, shelter, and medical care as a result of the non-payment of their salaries.

    “In the present case, the inhumane acts include non-payment of salaries of workers; failure of governors to use their executive authority to ensure a viable and corruption-free state, failure to provide the necessary administrative, financial and political conditions to facilitate prompt and timely payment of workers’ 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 state governments, the acts can only be seen as a course of conduct involving the commission of inhumane acts.”, it stated

    The organisation argued that the non-payment of salaries of workers was a serious attack on human dignity covered in the definition of ‘other inhumane acts’ under the Rome Statute, and fit within the ICC’s mandate emphasizing that the gravity of non-payment of workers’ salaries for several months should not be dismissed a priori as lesser than that of the radically egregious acts the ICC has so far prosecuted.

    SERAP posited that to deprive workers of their salaries is to deprive them of their livelihoods and basic necessities to the right to life and human dignity, and to and cause them suffering of sufficient gravity and severity comparable to enumerated acts of crimes against humanity under article 7 of the Rome Statute.

    It argued that since no person can live without the means of living, the non-payment of workers’ salaries has affected individuals’ well-being and prevented them from enjoying basic necessities of life and caused great suffering to them and their family members.

    “International human rights law requires states to protect the rights of workers including to timely payment of salaries. The ICC can and should exercise its mandates under the Rome Statute to enforce these internationally recognized human rights by holding individual governors accountable for the crimes against humanity committed against many Nigerian workers,” it said.

    “Nigerian workers have for many years been victims of particularly heinous violations of international human rights law caused by massive looting of public treasury and mismanagement by high-ranking public officials.”

    “SERAP is seriously concerned that several state governments in Nigeria are failing and/or refusing to pay workers’ salaries, amounting to billions of naira in arrears.

    “SERAP also contends that the gross violations of human rights and deplorable standard of living of many workers and their families in several states of Nigeria are grave and therefore suggest reasonable grounds justifying a preliminary investigation by the ICC Prosecutor.”

    “Aside from investigating violation of human rights, it further urged the prosecutor to investigate those crimes such as gross, systematic and widespread violations of workers’ right to timely payment of salaries that fall under the Rome Statute provision on “other inhumane acts” but remain unacknowledged as grave violations of human rights.”

    “Investigating violations of workers’ right to timely payment of salaries will allow the ICC to realise a broad notion of complementarity, as it will enable the Prosecutor to provide justice to the workers that many of the states in Nigeria are unwilling or unable to protect,”it added.

     

  • Saraki’s trial: ‘You have no power to summon CCT boss’ – SERAP

    Saraki’s trial: ‘You have no power to summon CCT boss’ – SERAP

    Socio-Economic Rights and Accountability Project (SERAP) has called on the leadership of the Senate to “immediately withdraw the unconstitutional summon for Justice Danladi Umar, Chairman Code of Conduct Tribunal to appear before its Ethics Committee, as the Senate can’t arrogate to itself the power to summon judges without violating constitutional safeguards.”

     

    The group said that “The summon represents a direct assault upon the principle of judicial independence as it undermines the constitutional principle of separation of powers and guarantee of a judicial system that is free from outside influence of whatever kind and from whatever source. The Senate of Dr Bukola Saraki is perpetrating a parliament of men and not of laws.”

     

    The statement dated 20 April 2016 and signed by SERAP Executive Director Adetokunbo Mumuni reads in part: “The constitutional power of the Senate can only be validly exercised if it’s intended to be in aid of the function of law-making itself. There is clearly no suggestion of contemplated legislation in this case. The Senate not only has exceeded the limit of its own authority, but assumed a power which could only be properly exercised by another branch of the government. We therefore advise Justice Umar to ignore its invitation as it is of no legal effect whatsoever.”

     

    “The Senate in its blind zeal to protect the Senate President Dr Bukola Saraki who is facing corruption charges before the Tribunal is working hard to destroy the foundation of the country’s constitutional democracy. This is a blatant usurpation of power, and an attack upon the integrity of constitutional government and the rule of law.”

     

    “The Senate doesn’t have the power to summon any judge, including Justice Umar. If there is any credible allegation of corruption against Justice Umar, it ought to be dealt with by the appropriate law enforcement agencies and that cannot be the Senate.”

     

    “The Senate can’t lawfully exercise any authority beyond the limits marked out by the constitution. It’s manifestly repugnant to constitutional safeguards which assign to each organ of the government its exclusive functions and a limited sphere of action. This invitation, coming on the heels of the decision by the Tribunal for Saraki’s trial to be conducted day-by-day pursuant to Section 396(6) of the Administration of Criminal Justice Act, 2015, is clearly politically motivated.”

     

    “While the Senate is empowered under Section 88 of the 1999 Constitution (as amended) to conduct an inquiry for the purpose of enabling it to among others make laws, correct any defects in existing laws, expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence, it doesn’t possess the power to get involved in alleged criminal matter. The Senate is in no sense a court, police or anticorruption agency, and for it to attempt to act as one, would bring about insurmountable legal and political problems.”