Tag: Socio-Economic Rights and Accountability Project

  • The first 100 days illusion

    THIS minute, the “First 100 Days in Office” panegyric attains crescendo in the caverns of Nigeria’s State Houses and the Ninth National Assembly.

    Government institutions, routinely, churn out statistics and claims celebrating public officers’ “excellent” exploits over the first three months widely considered a probationary period.

    The media is seduced to preach the gospel even as the public unfurls and pliantly accepts the Kool-Aid of this engineered temperament. It doesn’t matter if the highlighted achievements are exaggerated or unreal, everybody buys into the farce. Those that couldn’t are too spiritless to protest.

    Amid the pageantry, however, a spirit of gloom and depression haunts the 36 states of the federation; the spectre mocks the hyperbolic chants in praise of public officers, on the corridors of power, the pulpit and across multimedia platforms.

    This haunting spirit is manifold: a post-recession and wartime gloom afflicts the citizenry; a rising tide of poverty and bigotries aggravate the situation increasing distrust among the citizenry, public office and political institutions.

    Nigeria shrivels like a sick rose but the public officer inhales its sick molds, basking in its scent, cradling its diseased stamens as his bower of bliss.

    The country’s death wriggle is mistaken for an act of concealment hence the public officer’s approach takes the form of a rape. To this end, he deploys political power as his shaft of conquest, his manic death agent. Nigeria may be a sick rose, but her shrivelled petals become his bed of crimson joy; little wonder he plunders state coffers amid a gloomy economy.

    There is no gainsaying elected representatives fleece the country’s meagre reserves; the Ninth National Assembly, for instance, faces litigation for perceived excesses as you read.

    The Socio-Economic Rights and Accountability Project (SERAP), BudgIT, Enough is Enough (EiE) and 6,721 concerned Nigerians recently filed a lawsuit asking the Federal High Court to “restrain, prevent and stop the National Assembly Service Commission from paying or releasing the sum of N5.550 billion budgeted for purchase of luxury cars for principal members of the ninth Senate, and to restrain and stop the Senate from collecting the money until the downward review of the amount proposed by the Senate.”

    In suit number FHC/L/CS/1511/2019 filed at the Federal High Court, Ikoyi Lagos, the plaintiffs argued: “Spending a huge sum of N5.550 billion to buy luxury cars for principal members of the ninth Senate is unjust and unfair. It negates the constitutional oath of office made by members to perform their functions in the interest of the well-being and prosperity of Nigeria and its citizens, as contained in the Seventh Schedule of the 1999 Nigerian Constitution (as amended).”

    The plaintiffs also queried the proposed spending by the National Assembly via the following posers: What is the economic value and contribution of the vehicles sought to be purchased to the grand scheme of Nigeria’s economy? What are the parameters used to arrive at cost efficiency and value for money in the decision to purchase the vehicles? Where are the vehicles purchased by the eighth Senate?

    That the National Assembly deems itself worthy of a N5.550 billion vehicle largesse (valued at N50 million per Toyota Land Cruiser SUV) at a time the government finds it difficult to pay the N30, 000 minimum wage further establishes the legislature as a sinister drain on the nation’s dwindling resources.

    The proposed expenditure is amoral, despicable and redolent/reflective of all that’s wrong with the country’s ruling class.

    It would be recalled that similar exotic cars including Toyota Land Cruiser SUVs and office equipment such as computers, photocopiers, and refrigerators. were reportedly pawned off to senators in previous assemblies.

    Some of the lawmakers who are in the current Assembly allegedly profited from the misconduct. Some of the items were reportedly sold to members of the Eighth Senate and House of Representatives at scandalous prices; for instance, a Toyota Land Cruiser SUV acquired at N36 million each was reportedly sold to the departing lawmakers at a paltry N1 million.

    All the items handed almost freely to the legislators would apparently be purchased afresh and supplied to members of the Ninth Assembly inaugurated on June 11, 2019; just as the new computers, scanners, photocopying machines, television sets, and refrigerators would be purchased at ridiculous prices, according to a media report.

    In the wake of the outrage generated by the lawmakers’ excesses, prominent figures in the National Assembly have argued that no one can deny them their ‘inalienable’ right to the largesse.

    Nigeria is no doubt superabundant with politicians who assert legitimacy for their belligerently exploitative actions and redundancies on the grounds that they are acceptable privileges of their high offices.

    Still, there’s something unnerving about how brazen and savage this spiel has grown in a time of acute economic depression, social inequality and ideological vacuum. Any public officer or their lackey rationalising the controversial N5.550 billion vehicle largesse is nothing but a glorified political grifter.

    Similar fraud subsists in state governments’ frenzied celebration of incumbent governors’ achievements in their first 100 days. Nothing justifies the curious appeal and endurance of the underlying grift here; government agents manipulate statistics and data to foster illusions of growth and prosperity where they are non-existent.

    Sadly, the citizenry who should know better, trade invective across multimedia platforms, defending the excesses and redundancies of their favourite public officers goaded by bigotries. Call it political illiteracy.

    The cost of their ignorance is not being paid by the government and its agents of illusion. It is being paid on our inner city streets, in barren manufacturing towns and dystopic host communities to multinationals.

    The cost is borne by the desolate townships of Ewekoro, living and dying in a thick haze of effluents, cement dust and flying rock fragments billowing from multinational, LafargeWAPCO’s exhaust pipes and limestone quarry.

    The cost is borne by the helpless people of Bodo, who are continually tormented and traumatised by Shell Petroleum Development Company (SPDC)’s lethargic approach to ridding the community of its major oil spills.

    Although SPDC agreed in 2015, to a clean-up the Niger Delta community, the clean up is expected to cost around $500 million and will take up to 10 years to complete. In a rare victory for such communities, Shell also agreed to pay £55 million ($84 million) in settlements to Bodo community for the devastating effects of the spill. That’s a way forward.

    This isn’t the time for Nigeria’s National Assembly, the presidency and state governments to roll out the drums and splurge on ill-conceived jamborees; they haven’t done enough work to merit such.

    It is foolhardy for a federal minister or state governor to celebrate giving the approval for rehabilitation of a road project, a derelict school or public health facility in his first 100 days. The performance of such roles, among others, was the reason he or she was elected into public office. He has done no one no favour.

    It is about time public officers stopped misappropriating state fund and the historical language of ennoblement to ornament dew as crystal. Its about time we stopped humouring them.

    Nigeria is at war on several fronts: from Boko Haram, herdsmen terrorism, kidnap for ransom, to xenophobic attacks against Nigerians in South Africa, our elected representatives have got their work clearly cut out for them.

  • Judiciary’s role in anti-graft war, by SERAP

    The Socio-Economic Rights and Accountability Project (SERAP) has launched the Nigeria Anti-Corruption Performance Assessment Survey, with some recommendations on how the Judiciary can tackle corruption, reports JOSEPH JIBUEZE.

    The Judiciary has a critical role to play in tackling corruption, but how can it do so when the institution is perceived to be corrupt?

    The Chief Justice of Nigeria and the National Judicial Council (NJC) must proactively promote transparency and accountability in the judiciary, according to a civil society group, the Socio-Economic Rights and Accountability Project (SERAP).

    The group said the judiciary should identify and review all outstanding cases of judicial corruption and refer such cases to appropriate anti-corruption agencies.

    The Judiciary must also apply the Code of Conduct for judicial officers in a consistent and transparent manner, with full respect for the fundamental guarantees of fair trial and due process, SERAP said.

    The group wants the CJN and the NJC to grant suspected corrupt judges the right to have disciplinary decisions reviewed by a higher judicial tribunal.

    These were some of the recommendations in the Nigeria Anti-Corruption Performance Assessment Survey conducted by SERAP.

    The latest survey is published as part of the organisation’s implementation of the Anti-Corruption in Nigeria (ACORN) project funded by UK aid from the British people.

    SERAP said the views expressed in the report do not necessarily reflect the UK government’s official policies.

    The group urged the Judiciary to improve the process of judges’ appointment, and to promote their continuing education and training.

    It wants their professional integrity protected and disciplinary proceedings enforced in a fair and consistent manner.

    SERAP believes the Judiciary should publish annual reports of all its activities, including expenditure, and provide the public with reliable information about its governance and organisation, including the number of judges found to be corrupt.

    “Ensure that the Chief Justice of Nigeria and all other judges make periodic asset disclosures; promote proactive disclosures of conflicts of interest by judges as soon as they become apparent,” the group urged the Judiciary.

    Besides, it said victims of judicial corruption should be encouraged to speak out so that they can enjoy access to effective remedies.

    Key findings

    The national survey carried out last November and December covered the police, judiciary, power, education and health sectors.

    The Survey targeted a total of 2,655 respondents selected from seven states spread across the six geo-political zones of Nigeria and the capital city of Abuja. The sample was proportionate to population size across these zones.

    SERAP said data for the survey was collected through a survey among ordinary citizens picked through simple random sampling of Nigerians above 18 years; in-depth interviews with key governance experts including representatives of national anti-corruption bodies, trade unions, the business community, media, lawyers, academia, people living with disability and university student leaders; and a review of the legal and institutional frameworks guiding anti-corruption efforts in Nigeria to assess their effectiveness

    The survey finds a lack of political goodwill to consistently enforce the different anti-corruption laws; inadequate funding for the various anti-corruption agencies; and weak public support and/or ownership of the anti-corruption initiatives.

    Other key findings are the poor clarity of roles between various anti-corruption agencies, as well as public perceptions of politicisation of corruption arrests and prosecutions.

    The report finds that several Nigerians still pay a bribe to access police, judiciary, power, education and health services, with 70 per cent of Nigerians describing the level of corruption as high, the state of affairs remaining the same in the last five years.

    According to the survey, there is a 63 per cent probability that an average Nigerian would be asked to pay a bribe each time he/she interacted with the police.

    The likelihood of bribery in the power sector stood at 49 per cent, according to the report.

    The chances of encountering bribery at the judiciary, education and health services stand at 27 per cent, 25 per cent and 20 percent.

    On prevalence of bribery, the police were the most adversely ranked on the indicator.

    For every 100 police interactions reported by the respondents, there was a bribe paid in 54 interactions.

    The prevalence levels stood at 37 per cent in the power sector, 18 per cent in education, 17.7 per cent in the judiciary and 14 per cent in the health sector.

    On perceived impact, 51 per cent of the individuals that paid bribes to the police and 35 per cent to the power sector believed this was the only way to access the services sought from the institutions.

    The ranking of the education sector and the judiciary was less adverse with 16 per cent perceiving bribery as the main avenue of accessing services in the institutions, and health services recording 13 per cent.

    On share of national bribe, the police and judiciary had the largest proportion of total bribes paid at 33 per cent and 31 per cent.

    Bribes paid for education, power and health services accounted for 19 per cent, 10.9 per cent and five percent of all bribes reported.

    On average size of bribe, the survey finds that the average amount of bribe paid by the respondents was highest among those who paid to the judiciary at about N108,000 (US$ 298).

    N12, 253 and N11, 566 were reportedly paid to the police and education sectors, and N6,462 and N5,143 paid for health and power services.

    Reforming the police

    SERAP said the Buhari administration and the Inspector-General of Police (IGP) Mohammed Adamu can leave a positive legacy by improving police accountability and proactively working towards ending all forms of corruption within the rank and file.

    It called on the IGP to streamline and prioritise internal control mechanisms by establishing an Ethics and Inteegrity Unit at each police station.

    The unit, the group said, should include a human rights officer, an anti-corruption officer, and an officer responsible for service delivery complaints.

    SERAP said these personnel should be assigned the exclusive duties to:

    • Receive and investigate complaints of bribery and corruption against police officers filed by members of the public.
    • Liaise with community leaders and civil society organisations in regard to incidents of police bribery and corruption within the community.
    • Report incidents of police extortion and bribery to the divisional police officer, and appropriate internal and external oversight bodies.
    • Protect members of the public who file complaints against police bribery and corruption from harassment, violence, or any other form of reprisal.”

    Role of international organisations

    SERAP urged th einternational community to issue public and private statements denouncing corrupt practices in Nigeria.

    It said they should help shine a light on bribery, extortion, and embezzlement in the public sectors, particularly in the police, the judiciary and the ministries of power, education and health.

    “The United Nations, the African Union and members of the international community should support Nigerians in the fight against corruption in the country,” SERAP said.

    They should also call on the authorities to investigate all outstanding allegations of corruption involving these sectors promptly, thoroughly and effectively and to hold anyone found to be involved to account, SERAP recommended.

    The international community, it added, should impose condition funding to the Nigerian government, including financial and technical assistance.

    It said foreign aid should be based on measurable progress in holding public officers implicated in corruption in the police, judiciary, and ministries of power, education and health accountable.

    SERAP said the international community should target funding and technical assistance for the Nigerian government to initiatives that directly improve financial transparency and address accountability.

    It added that all officers in the police, the judiciary and the ministries of power, education and health who participate in international missions or training courses should be required to publicly declare the total value of all personal assets.

    “Impose visa bans on senior public officers in the police, the judiciary, and ministries of power, education and health credibly implicated in corruption,” SERAP added.

    Other suggestions

    The survey recommends the establishment of an independent commission of inquiry to conduct a transparent, comprehensive, and impartial investigation into systemic corruption in the police, the judiciary as well as the ministries of power, education and health.

    There is also need to amend the Code of Conduct Bureau and Tribunal Act to ensure public access to asset declarations made by public officials, SERAP said.

    It called for urgent passage of the Proceeds of Crime Bill, the Whistleblowers Bill, and the Witness Protection Bill among other relevant pieces of legislation.

    SERAP wants the establishment of civil society desks by the Economics and Financial Crimes Commission (EFCC) to facilitate and improve access to corruption complaints in key public service sectors.

    The group advocated the identification and review of all outstanding cases of judicial corruption, and referral of such cases to appropriate anti-corruption agencies.

    To ensure transparency, SERAP called for quarterly publication of budget execution reports that detail monthly state government income from federal allocations and other sources, and state government expenditure in all key sectors.

    Besides, there is the need to establish mechanisms to support and promote strong public participation in anti-corruption initiatives through the provision of a platform for public awareness on corruption and by making the citizens’ voice more central in any intervention.

    Falana hails SERAP

    Activist-lawyer Mr Femi Falana (SAN) said unlike many elitist organisations which have a penchant for dismissing the Federal Government’s anti-corruption policy, SERAP has adopted certain measures to hold public officers accountable in a country where impunity has been institutionalised.

    In a goodwill message at the survey’s launch, he said: “Apart from exposing corrupt practices of public officers by writing petitions to the anti-graft agencies, SERAP engages in campaigns and embarks in public interest litigation with a view to promoting public accountability and transparency in the management of public resources.

    “In particular, SERAP has used the provisions of the Freedom of Information Act to obtain information from Ministries, Departments and Agencies of the federal government on the funds earmarked for the provision of water, electricity, roads hospitals etc for the Nigerian people.

    “In fact, SERAP has secured mandatory orders from the Federal High Court to compel recalcitrant public officers to render the account of their stewardship.”

    Falana said by hearing directly from the masses, SERAP has finally resolved to collaborate with the Nigerian people in the struggle to end grand corruption in the country.

    “It is hoped that SERAP will ensure that all victims of grand corruption are actively involved in the struggle for the actualisation of the socioeconomic rights enshrined in chapter 2 of the Constitution.

    “Without compelling the federal, state and local governments to channel public resources towards the development of the country, the looting of the public treasury will continue unabated,” Falana said.

    Among those at the launch were France Ambassador represented by Mr. Blanc Barllulemy, Prof Akin Oyebode, who chaired the event, Bureau for Public Procurement (BPP) Director-General represented by Mrs. Amaka Obinna, and Nigerian Bureau of Statistics Statistician-General represented by Mrs Lola Talabi-Oni.

    The Central Bank of Nigeria (CBN) Governor was represented by Dr. O. E. Olowofeso, Mr. Chadiugha Emeka and Mr M. M. Nagogo; Edo State Attorney-General was represented by Mr George Ntor, while the Code of Conduct Bureau (CCB) chairman was represented by Mr Olusoji Ola.

    The IGP was represented by an Assistant Commissioner of Police Saadat Ismail; the Independent Corrupt Practices and other Related Offences Commission (ICPC) chairman was represented by Mr. Japhet Udeani , while the UNODC Nigeria was represented by Ms Princess Chifiero and Mr. Adebusuyi Adeniran.

    EFCC Acting Chairman was represented by Mr Ayo Oyewole; Amnesty International, Nigeria Executive Director was represented by Mrs Ikubaje Esther, the Minister of State for Petroleum Resources was represented by Mr Salisu Muktar, among several others.

  • Corruption still high despite Buhari’s efforts – SERAP

    The Socio-Economic Rights and Accountability Project (SERAP) on Tuesday said that the level of corruption in Nigeria was still high in spite of the efforts of the Muhammadu Buhari administration.

    SERAP made the claim at the launch of the results of a report of a national survey entitled “Nigeria Anti-Corruption Performance Assessment Survey”.

    The event took place in Lagos.

    SERAP came up with the 57-page report in collaboration with UKaid.

    It said that corruption was prevalent in the country in spite of some significant measures by the president toward addressing it.

    According to SERAP, some of the measures are the establishment of the Treasury Single Account, Whistle-Blowing Policy and constitution of the Presidential Advisory Committee Against Corruption.

    NAN reports that the national survey conducted in November 2018 and December 2018, targeted a total of 2,655 respondents selected from seven states spread across the six geo-political zones of Nigeria and Abuja.

    The survey also covered five sectors – Police, Judiciary, Power, Education and Health – in order to assess the state of corruption in public law enforcement and service provision.

    It said: “There was a 63.7 per cent probability that an average Nigerian would be asked to pay a bribe each time he or she interacted with the police.

    “There was a 49.1 per cent probability in the power sector, 27.7 per cent in judiciary, 25.6 per cent in education and 20.5 per cent in the health sector.

    “The police and the judiciary had the largest proportion of total bribes paid at 33 per cent and 31 per cent, respectively.

    “The average amount of bribe paid by the respondents was highest among those who paid to the judiciary at about N108, 000. All the other institutions ranked lower on this variable.”

    SERAP recommended establishment of an independent commission of inquiry to conduct a transparent, comprehensive and impartial investigation into corruption in the five sectors.

    It also suggested legislative and constitutional reforms including amendment of the Code of Conduct Bureau and Tribunal Act to ensure public access to the asset declarations of public officials.

    It equally urged prosecution of liable individuals without delay and according to international fair trial standards, adding that there should be improvement in financial oversight of the five sectors.

    SERAP also urged publication of quarterly budget execution reports by the sectors.

    The Chairman of the occasion, Akin Oyebode, a Professor of International Law and Jurisprudence, lauded the report.

    “We now have a reference point to assess how much we have done in the fight against corruption. The consciousness of corruption cannot be erased.

    “We have accepted corruption as the way of conducting business via kickbacks, bribes or dash. The police who are to sanitise the system are complicit.

    “SERAP is putting Nigeria on the stand as regards what needs to be done as it is not very often you see organisations coming up with a scorecard,” Oyebode said.

    Earlier in his address of welcome, Mr Adetokunbo Mumuni, the Executive Director of SERAP, thanked the Government of the United Kingdom for supporting SERAP in conducting the Survey.

    “I will like to point out importantly that the view expressed in the SERAP report does not reflect the views of the UK Government,” Mumuni said.

  • Anti-graft war: ‘How to hold public officials to account’

    The Centre for Anti-Corruption and Open Leadership (CACOL) has tasked community leaders to employ advocacy and existing legal instruments to hold government officials to account.

    It said national efforts to tackle corruption would fail, unless communities are determined to enforce good governance, accountability and transparency at the grassroots.

    CACOL Executive Chairman, Debo Adeniran stated this at a one-day capacity building workshop on “Curbing corruption in Nigeria’s political process: Establishing a grassroots paradigm in good governance, accountability and transparency.”

    Guests at the event included Executive Director of the Socio-Economic Rights and Accountability Project (SERAP) Adetokunbo Mumuni, State Coordinator, Yoruba Progressives Movement (YPM), among others.

    Adeniran noted that the workshop was designed to build the capacity of people who are worst affected by bad governance but have little capacity to demand for better from their representatives.

    Adeniran said: “Community leaders and people at the grassroots must be involved in the war against corruption by ensuring that they make government accountable to the people and use advocacy to ensure that public office holders are accountable and transparent to the people to achieve good governance.

    “The fight against corruption is now intellectual and we can achieve positive result through advocacy. We need to build our capacity to be able to challenge government on wrong policies and making them keep to their campaign promises.

    “As representatives of the people, don’t allow your people to wallow in ignorance but use your experience to educate your people and enlighten them on the need to join the war against corruption for a better society.”

    The CACOL boss further called on the people at the grassroots to make use of the opportunity available to them to expose and fight corruption, including the Freedom of Information (FOI) Act .

    “If you ask for information and the MDAs refuse, you can embark on advocacy. That will expose them to the world as hypocritical elements “, Adeniran added.

    Mumuni, who was represented by a SERAP legal officer, Mrs. Adelanke Aremo, charged the community leaders to make government accountable to its promises to the people.

    Aremo added: “Corruption has eaten deep into our economy and it is high time we address it before it finally destroys us. We should make the government accountable to all the promises they made to us.”

    “You must ensure that you engage and communicate to key policy makers. You must be consistence and don’t be tire in your advocacy. You must be factual and know the key issues you want challenge government about for you to be able to achieve positive result.”

  • 2019: SERAP sets five-point anti-corruption agenda for Buhari, Atiku, others

    A civil society group, the Socio-Economic Rights and Accountability Project, i(SERAP) has developed a five-point anti-corruption commitments for presidential candidates ahead of the Feb. 16 Presidential Election.

    The News Agency of Nigeria (NAN) reports that Mr Adetokunbo Mumuni, Executive Director, SERAP, unveiled the document at a Pre-Election Public and Enlightenment Session on Anti-corruption on Monday in Lagos.

    The contestants in the presidential poll include the incumbent, President Muhammadu Buhari of the All Progressives Congress (APC), Alhaji Atiku Abubakar of the Peoples Democratic Party (PDP) and Mr Omoyele Sowore of the African Action Congress (AAC).

    Others are Prof. Kingsley Moghalu (Young Progressive Party), Mr Gbenga Olawepo-Hashim (Alliance for New Nigeria), Mr Tope Fasua (Abundant Nigeria Renewal Party) and Mr Ade Byron (Kowa Party).

    Mumuni said Nigeria’s leadership in the next dispensation must demonstrate sufficient will to tackle corruption, which had been the bane of the country’s underdevelopment and wide spread misery among its populace.

    He said to this end, SERAP had developed the five-point anti-corruption commitments for presidential candidates in respect of security votes and power sector corruption.

    According to him, the other commitments include, judicial corruption, establishment of special anti-corruption courts and removal of immunity for president, vice -president, state governors and deputy governors.

    Mumuni said: “We expect that the electorate will demand their candidate’s commitment to these as part of the focal point of their campaign agenda.

    “It is fortuitous in that it is coming at a time when corruption has assumed alarming dimensions in the public and private space.

    “Most importantly so, at a time that we have political gladiators seeking in earnest for attention from the electorate.”

    He said the document was part of SERAP’s contribution to not only guide the political leaders in their delivery of the social contract, but also to hold them accountable for their actions when they attain power.

    Also speaking, Dr. Dele Seteolu, Lecturer, Department of Political Science, Lagos State University (LASU), said the commitments developed by SERAP were capable of setting Nigeria on the right path.

    Seteolu noted that SERAP scheme of security, power, judicial based corruption, removal of immunity clause and creation of special courts were concise and meaningful attempts to engage state officials on the challenge of corruption.

    According to him, the removal of immunity clause and the creation of special courts to adjudicate on corruption related offences were long overdue.

    “There should be political pressure on the political class, especially the presidential candidates to foster legal processes that would lead to the creation of special courts and the extensive reforms of the judicial organ.

    “The allegation of corrupt practices in the judiciary is mind boggling and creates fear in the public space on the prospect of earning justice at the courts.

    “It is imperative to expose every corrupt judicial official for trial with a view to redeeming the bruised image of this organ,” he said

    NAN

  • SERAP gives five days ultimatum to NJC to take over CJN, Onnoghen’s case

    Socio-Economic Rights and Accountability Project, (SERAP) has the National Judicial Council (NJC) to immediately take over the case of Chief Justice of Nigeria (CJN)  Justice Walter Onnoghen from the Code of Conduct Tribunal (CCT).

    The organization  asked the NJC to take the recommended action within five days of the receipt and/or publication of  its letter, “failing which SERAP will take appropriate legal action to compel the NJC to take action on the case.”

    SERAP, in an open petition to the next-in-rank to the Chairman of NJC, said this has become necessary in order for the council to set up a committee to investigate the allegations of breach of constitutional asset declaration requirements against him.

    The petition was copied to UN Special Rapporteur on the independence of judges and lawyers, Mr. Diego García-Sayán.

    The organization, In the petition dated January 26, 2019 and signed by its senior legal adviser, Bamisope Adeyanju, also urged the NJC to ask Justice Onnoghen to step aside from his role as Chief Justice pending the outcome of its investigation into the allegations against him.

    “Also, if following your investigation, the allegations against Justice Onnoghen is established, the NJC should refer the case to appropriate anti-corruption bodies for prosecution. Similarly, Justice Ibrahim Tanko Muhammed should recuse himself from the process, as the Acting Chief Justice of Nigeria”, it said.

    The organization asked the NJC to consider the issue of appointment of Justice Muhammed with a view to ensuring strict compliance with constitutional provisions.

    According to SERAP: “The urgent intervention by the NJC would remove the allegations against Justice Onnoghen from the vicissitudes of political controversy, and a clear and present danger to the independence and authority of the judiciary.

    “It would also help to reverse the country’s increasing movement toward anarchy or despotism.

     “It is in time like this that the NJC must be most vigilant and alive to its constitutional duties, if it is not to permit a diminution of our treasured constitutional rights.”

    The petition read in part: “Neither knee-jerk reactions by politicians nor abuse of the legal and judicial process by the government and some senior lawyers would be acceptable to break the constitutional logjam. The NJC ought to be concerned with the gravity of allegations against Justice Onnoghen.

    “This matter has inevitably thrown our country into a judicial-cum-constitutional crisis, which if not urgently addressed would lead to political crisis that would seriously put at risk Nigeria’s fledgling democracy, consequently exacerbating the declining respect for human rights at all levels of government.”

    “The NJC should not and cannot stand-by while the authority and independence of the judiciary is diminished to the point at which the citizens lose confidence and trust in its ability to render justice to those need”, it stated.

    SERAP expressed concerned that the politicization of our judiciary poses the greatest threat to the independence of the judiciary, to Nigeria’s fledgling democracy and would if not urgently addressed lead to denial of access to justice to the most marginalized and vulnerable section of the population.

    It argued that the politicization of the judiciary by politicians would endanger Nigerians’ fundamental human rights and the country’s international human rights obligations, and consequently, the fundamental principles of our constitutional democracy.

    It said that it is the responsibility of the NJC to ensure the preservation of our constitutional values and to prevent the politicization of the judiciary and politicians from running roughshod over sacred judicial functions, and consequently, the rights of citizens.

    According to SERAP: “Nigerians deserve a judiciary capable of serving as essential bulwark of constitutional government, a constant guardian of the rule of law, and owing fidelity to no person or party. Unless the NJC acts as requested, the mandates, ability and authority of the judiciary to act as a check on the political branches of government and to protect citizens’ human rights would be drastically curtailed.

    “The allegation that Justice Onnoghen failed to declare his assets as required by the Nigerian Constitution of 1999 (as amended) and the arbitrary response by the federal government have thrown our judiciary into a crisis, with politicians seemingly taking full advantage of the crisis, resulting in the politicization of the judiciary.

    “Many politicians have failed to consider the matter through a constitutional lens and have in fact made statements that may be considered prejudicial to the cause of justice, the interests of the judiciary and Nigeria.

    “As the Senate prepares to sit to discuss the matter, the situation is likely to be even more politicized, especially at the time of election when politicians jostle for position, power, and relevance. Any intervention by the Senate is likely to be politically motivated and would not satisfactorily break the logjam.

    “Furthermore, SERAP is concerned that the allegations of violation of asset declaration provisions by Justice Onnoghen have created a palpable and rising distrust of the judiciary by the citizens, a distrust that may be exacerbated by the politicization of the judiciary by politicians across party lines.

    “The allegations against Justice Onnoghen unless properly and constitutionally resolved would continue to undermine his ability to faithfully discharge and perform his judicial duties as Chief Justice. At a time of judicial-cum-constitutional crisis, the NJC should not and cannot abdicate its constitutional responsibilities to intervene in this matter.

    “Suspending the Chief Justice of Nigeria by an exparte order obtained via an apparently flawed legal and judicial process is an absurdity too gross to be allowed to stand. It suggests the constitution is no longer the supreme law of the land.

     “A catalogue of legal errors and flagrant abuse of the judicial and legal process by the government of President Muhammadu Buhari and some lawyers culminated in the purported order on the suspension of Justice Onnoghen as Chief Justice of Nigeria and the supposed appointment of Justice Ibrahim Tanko Muhammed as the Acting Chief Justice of Nigeria by President Buhari.

    “Judges have the responsibility to uphold the rule of law as an effective check on the political branches. But the judiciary cannot continue to play its traditional role as the guardian of the Constitution until the Justice Onnoghen’s matter is constitutionally and satisfactorily addressed”, it added.

  • Falana, SERAP, ANN urge withdrawal of  travel ban

    LAGOS lawyer Femi Falana (SAN) and Socio-Economic Rights and Accountability Project (SERAP) have asked President Muhammadu Buhari to withdraw the travel ban imposed on 50 high profile criminal suspects under Executive Order 6 (EO6).

    Falana, in a statement titled: “Allow the courts to impose travel ban on suspected looters”, said only the courts could impose travel ban on the suspected high profile persons”.

    He argued that since the power of the anti-graft agencies and the courts to place criminal suspects on watch list or subject their passports to temporary seizure has never been in doubt, “the directive to place the 50 high profile suspected persons on watch list and restrict their movement is highly superfluous, completely unwarranted and totally uncalled for”.

    The rights lawyer said the travel ban “is an ingenious design to expose the Buhari administration to ridicule”.

    Falana added that since the high-profile suspects covered by EO6 had been placed on a watch list and their passports  seized by either the anti-graft agencies or the courts, the travel ban slammed on them by President Buhari ought to be withdrawn without any delay.

    Falana said the travel ban was a sad reminder of the placement of political opponents on security watch list and seizure of their passports by the defunct military junta.

    He noted that a Federal High Court last week upheld the constitutional validity of the Executive Order 6 (EO6) issued by Buhari on July 5.

    The lawyer added that the government, acting on the ruling, directed the Nigeria Immigration Service and other security agencies to place no fewer than 50 high-profile persons directly affected by EO6 on watch-list and restrict them from leaving the country pending the final determination of their cases.

    He said even though the names of the “50 high profile persons” have not been published by the Federal Government, they are presumed to be either standing trial in the various high courts or being investigated for corrupt practices by the anti-graft agencies.

    “If the Federal Government had done some background checks, it would have discovered that the names of the 50 VIPs have long been placed on a security watch list while their passports have been impounded by the anti-graft agencies or the courts as one of the conditions for admitting them to bail.

    “It is public knowledge that whenever the defendants wish to travel abroad for medical treatment, they usually apply for the interim release of their passports.

    “Since the courts have taken judicial notice of the perilous state of medical facilities in the country, such applications are usually granted. And once the suspects return from the foreign medical trips, their passports are returned to the registry of the trial courts,” he explained.

    Falana, however, regretted that indigent accused persons standing trial for stealing, fraud or other economic crimes  are not entitled to such a privilege because they have no money to acquire passports not to talk of paying for foreign trips and medical treatment abroad.

    Notwithstanding such judicial indictment of politically exposed persons seeking medical treatment during trial, he contended that the law has not authorised the executive to restrict the movement of criminal suspects.

    He counselled the Buhari administration to wage the war against corruption within the ambit of the rule of law.

    SERAP, in a statement, said Executive Order 6 (EO6) banning 50 alleged high-profile corrupt Nigerians from travelling abroad was illegal and repressive.

    SERAP said the order, “without any legal basis and a judicial authorisation, is clearly arbitrary, repressive and illegal, as it breaches constitutional rights and the country’s international obligations, which protect the rights to freedom of movement, to leave one’s country, to privacy, and to due process of law.

    ”A travel ban by its nature is an interference with the right to leave one’s country. It is neither necessary nor proportionate to prevent dissipation of stolen assets or stop politically exposed persons (PEPs) from tampering with any such assets.”

    In a statement by its National Publicity Secretary Akinloye Oyemiyi, the ANN said:  ”We know that Section 41 of the 1999 Constitution as amended legally guarantees the right to freedom of movement to all Nigerians and this right can only be tampered with by established laws as enshrined in the Section 45 of the same constitution and not by any draconian executive order targeted at political opponents by a president that is scared of electoral defeat.”

    A former Minister of Aviation, Chief Femi Fani-Kayode, said he was not bothered about a travel ban.

    He said: “I could not give a damn that my name is on the list of 50 members of the opposition and prominent Nigerians that have been placed on a travel ban because nothing that Buhari does surprises me.

    “I have not left Nigeria since 2008 because my passport has been with the EFCC and the courts for the last 10 years and they have refused to give it to me and allow me to travel.

    “Those on the travel-ban list that need to travel abroad for medical attention or to see their loved ones are the ones I feel sorry for.”

  • SERAP to Buhari: ensure speedy trial of ‘corrupt past governors’

    THE Socio-Economic Rights and Accountability Project (SERAP) has asked President Muhammadu Buhari to direct the Attorney General of the Federation and Minister of Justice Abubakar Malami to without delay take over corruption cases involving  former and serving governors.

    The organisation regretted that the trial of several former state governors accused of corruption and money laundering have continued to linger in different high courts.

    It noted that some of the grand corruption cases involving former governors started in 2007 are yet to properly begin.

    “Should the Attorney General not take over the cases of corruption against all past corrupt governors as requested, SERAP would, on account of the public interest involved, and to ensure that no further time is lost in the completion of these cases, consider appropriate legal action to compel the authorities to discharge their constitutional duties, consistent with the basic tenet of the rule of law, the concept of equality and the cause of justice”, it warned.

    In a letter to the President, dated October 5, 2018 and signed by SERAP Deputy Director Timothy Adewale, the organisation expressed conEconomic cern that the continuing delay in the prosecution of former governors suspected of committing acts of grand corruption to logical conclusion has sent a negative message that the governors are untouchable.

    “The delay is also contributing to perception among Nigerians that many of these influential and powerful past governors are being protected by the power and political set up,” it stated.

    According to the organisation, “instructing the Attorney General of the Federation and Minister of Justice to take over and directly and expeditiously prosecute all cases of grand corruption involving former governors, would be entirely consistent with his duties under the Constitution, and contribute to upholding the majesty of law and vindicating the rule of law.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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