Tag: Socio-Economic Rights and Accountability Project

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • ‘Handover Babachir, Oke to EFCC, ICPC’

    ‘Handover Babachir, Oke to EFCC, ICPC’

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

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

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

    Related: How Babachir Lawal got into trouble

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

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

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

    Also Read: The denouncement of Babachir Lawal

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

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

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

  • Corruption may ‘kill’ Nigeria soon – Oyebode

    Corruption may ‘kill’ Nigeria soon – Oyebode

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

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

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

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

    Related:  Stealing is not Corruption

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • N40bn double pay: SERAP asks Saraki to return pension to state treasury

    N40bn double pay: SERAP asks Saraki to return pension to state treasury

    Socio-Economic Rights and Accountability Project, (SERAP) has also urged the Senate President, Bukola Saraki to publicly donate to charities of his choice all pensions and allowances collected from the Kwara state government.

    Alternatively, the organisation urged him to refund such emoluments received as former governor of the state to public treasury.

    The organization also asked the Senate President to initiate the process of such refund to the treasury by putting pressure on the governor of Kwara state Mr Abdulfatah Ahmed and the state house of assembly to move swiftly to abolish the law that has facilitated the payment of the unjust pensions in the first place.

    In a statement issued yesterday, SERAP executive director Adetokunbo Mumuni said the organization welcomed  Saraki’s decision to stop receiving pensions from Kwara state, where he was the governor between 2003 and 2011.

    It urged him to join the campaign to end the unjust, unfair and discriminatory practice of providing life pensions to former governors and to abolish laws that make this possible.

    Saraki had told a forum in Abuja on Tuesday, that he wrote a letter to the state government to stop the payment of the pension “the moment I saw that SERAP allegation.”

    He said, “No, I’m not collecting pension; the moment I saw that allegation, I wrote to my state to stop my pension.”

    The organization, in its reaction to the development said; “It’s good news that Dr Saraki has publicly made known that he has stopped drawing pensions from Kwara state.

    “We hope that other public officials still receiving double emoluments will follow Dr Saraki’s example and renounce such practice.

    “We also urge the Senate President to publicly commit to donating to charities of his choice all pensions and allowances he has so far collected or to such emoluments to the public treasury.”

    SERAP therefore asked the Senate President to use his leadership position to urgently facilitate a resolution by the National Assembly condemning the practice and laws on double pay and life pensions for former governors now serving public officials; urging state assemblies to abolish such laws; and calling on those that have received such emoluments to return them to the public treasury.

    SERAP urged him to work with the organization to put meaningful pressure on other states to abolish their unfair and discriminatory life pension’s laws as well as on serving senators and ministers who continue to receive double emoluments to end the practice and return all the emoluments they have so far received to the public treasury.

    It would be recalled that SERAP had last week in an open letter called on the Attorney-General of the Federation, Abubakar Malami (SAN) to within seven dayschallenge the legality of states’ laws allowing former governors to draw life pensions from their states.

    The letter dated  July 14, 2017 read in part: “Public interest is not well served when government officials such as former governors, deputies supplement their emoluments in their current positions with life pensions and emoluments drawn from their states’ meagre resources, and thereby prioritising their private or personal interests over and above the greatest happiness of the greatest number.”

    “By signing such double emoluments and large benefits laws which they knew or ought to know that they would be beneficiaries, these former governors have abused their entrusted public functions and positions, and thereby obtained an undue advantage, contrary to article 19 of the UN Convention against Corruption.

    “These states’ laws allowing former governors to receive life pensions either now or in the future have a discriminatory purpose that involves intent to discriminate against ordinary workers and pensioners. Such laws enhance the economic status of public officials and their families at the expense of the citizens that they are elected to serve, have no legitimacy at all, and cannot be justified either on legal or moral grounds.

    “SERAP is concerned that such laws have either the purpose or the effect of denying the citizens their right to the enjoyment of their commonwealth, and as such, prolonging the existing and entrenched poverty-gaps across the country. The implementation of these laws will continue to lock the citizens, especially the most marginalized and vulnerable groups, into lives of deprivation and hopelessness.

    “SERAP holds the firm view that there are clear casual and consequential links between implementation of unfair life pensions’ laws for former governors and violation of human dignity of citizens. Such laws deprive citizens of resources, capabilities, freedoms and choices necessary for the enjoyment of an adequate standard of living and sustainable livelihood.

    “The abolition of such laws therefore is a necessary first step towards delivering on the constitutional promise of equal protection and equal benefit of the law for a distressingly large number of Nigerians. Otherwise, public officials will remain seriously out of touch with a major source of poverty and discrimination in the country,” it added.

     

  • SERAP to Osinbajo: Reject wasteful spendings by NASS

    SERAP to Osinbajo: Reject wasteful spendings by NASS

    The Socio-Economic Rights and Accountability Project (SERAP) has asked the acting President, Prof. Yemi Osinbajo to put pressure on the leadership of the National Assembly to cut its proposed budget for 2017.

    It described the proposed spending of NASS on the number of expensive official vehicles, legislative aides, travels and transportation, souvenirs, and photocopiers as “wasteful and unnecessary “.

    The organisation urged the acting President to “assent to the budget only if it truly reflects national development priorities, and not serve as a tool to satisfy the lifestyle of our lawmakers.

    “To allow public funds to be spent as proposed by the National Assembly would disproportionately affect the socially and economically vulnerable and push them deeper into poverty and deprivation”, it stated.

    It said in its letter dated May 15, 2017, and signed by SERAP executive director Adetokunbo Mumuni and addressed to the acting President, “In a country where many of our general hospitals cannot provide emergency treatment, and at a time public funds are needed to improve these facilities, it is retrogressive to spend these funds to provide exotic cars for our lawmakers or fund needless travels.

    “Such funds ought to be meaningfully spent to provide clean water, build classrooms, provide materials, train teachers and pay outstanding workers’ salaries.”

    SERAP in the letter copied to Professor Philip Alston, UN Special Rapporteur on Extreme Poverty and Human Rights stated further, “the more public funds that are spent to buy expensive vehicles for our lawmakers rather than servicing the new vehicles bought last year the less resources that will be available to make sure that Nigerians enjoy the right to an adequate standard of living and the rights to health, housing, food and education.”

    The letter reads in part: “When read together, the obligations under the Covenant to take steps to achieve economic and social rights progressively according to the country’s national resources implicitly forbid spending on such apparently wasteful projects. We are concerned that of the N125 billion proposed by the National Assembly in the 2017 budget, N6.4bn is to purchase official vehicles; N1.6bn to insure the vehicles; N777m to buy photocopiers; N55.623m to buy souvenirs; N807m to fuel generators; N11bn for travels and transportation; N9bn to pay legislative aides, and N750m for medical supplies.

    SERAP believes that the presidency now has the chance to show that the 2017 budget would not prioritise wasteful spending by the National Assembly over and above urgent national development priorities, and the need to improve Nigerians’ access to basic necessities such as interrupted electricity supply, quality education, affordable healthcare, clean water, good roads, as well as pay outstanding workers’ salaries across the country.

    “SERAP urges you and the presidency to require the National Assembly to justify the wave of fresh spending on several of the items purchased last year, and many of which will presumably remain in good condition.

    “SERAP also urges you to persuade the leadership of the National Assembly to henceforth adopt and use human rights budgeting as a tool of tracking Nigeria’s accountability toward economic, social and cultural rights. SERAP believes that a budget is a fundamental government tool for national development priorities and should not be a shopping list to satisfy the taste of high-ranking public officials and parliamentarians.

    “SERAP believes that the proposed spending of public funds by the National Assembly suggests that the leadership does not conceive of national budget as a blueprint for social and economic policy priorities.

    “SERAP believes that by cutting the proposed spending by the National Assembly, the presidency would be working to address and mitigate the negative effects of economic recession and crisis in the country on Nigerians living in poverty in particular and the socially and economically vulnerable in general.

    “SERAP notes that Nigeria is a state party to the International Covenant on Economic, Social and Cultural Rights. The Covenant guarantees to all Nigerians legally enforceable economic, social and cultural rights such as the rights to food, health, and education. The enjoyment of these rights requires a major commitment of resources from key branches of government particularly the executive and legislature for example through the instrumentality of the budget.

    “When interpreted as prescribed by Article 31 of the Vienna Convention on the Law of Treaties, the Covenant will impose clear duties on your government to make national budgets comply with realising these economic, social and cultural rights. Therefore, international human rights law requires the government to use the country’s economic resources to fulfil economic, social and cultural rights. Clearly, economic resources of Nigeria are managed by fiscal policies, thus providing a direct link with the national budget.”

    “The lack of enjoyment of these human rights would increase poverty and hunger, which in turn would threaten the right to life and health of many socially and economically vulnerable, including women and children. These groups of people are bearing the brunt and feeling the impacts of the economic crisis on their standards of living, their jobs and their homes,” it added.

  • SERAP’s Ikeja office burgled

    SERAP’s Ikeja office burgled

    The office of the of Socio-Economic Rights and Accountability Project (SERAP) at 4, Akintoye Shogunle Street, off John Olugbo Street, off Obafemi Awolowo Way, Ikeja was on Tuesday burgled.

    This was contained in a statement issued on Wednesday and signed by a senior staff attorney in the organization, Mr. Timothy Adewale.

    The burglars who beat security personnel before gaining entrance into the office, went away with files, some cash and damaged computers and cabinets in the office.

    On completion of their operation, the burglars left behind a note which reads, “Not our target. We will be back”.

    The statement stated in part: “On the night of October 3, 2016, unknown people broke into the offices of Socio-Economic Rights and Accountability Project (SERAP) at Ikeja, Lagos, Nigeria. The intruders somehow escaped security gates surrounding the street, before gaining access to the office building and cutting open the iron bars protecting the locked office front door.

    “Some of the computers and cabinets were damaged. The intruders broke into the office safe, taking away some petty cash and files.

    “The offices were thoroughly ransacked and a TV screen on the wall at the reception was dropped on the floor. The intruders also dropped a threat note on the table at the reception, which reads “Not our target. We will be back.”

    “The matter has been reported at the Area “F” Police Station, Ikeja, Lagos. The matter is now a subject of police investigation.

    “The staff who resumed early morning on October 4, 2016 took several photos of the incident. We are assessing the situation to find out what else might be missing from the office”, the statement added.

    SERAP is a non-governmental organization dedicated to strengthening the socio-economic welfare of Nigerians by combating corruption and promoting transparency and accountability.

    SERAP received the Wole Soyinka Anti-Corruption Defender Award in 2014.

    It has also been nominated for the UN Civil Society Award and Ford Foundation’s Jubilee Transparency Award.

    SERAP serves as one of two Sub-Saharan African civil society representatives on the UNCAC Coalition, a global anti-corruption network of over 310 civil society organizations (CSOs) in over 100 countries.