THE Federal Government has asked the Federal High Court in Abuja to discountenance the Pius Okigbo panel report that indicted former head of state, General Ibrahim Babangida, for alleged corruption over the $12.4 billion Gulf Oil windfall.

The Attorney-General of the Federation and Minister of Justice, Mohammed Adoke (SAN), and the Central Bank of Nigeria (CBN) listed as respondents in a suit seeking Babangida’s probe over the alleged fraud, claimed that “the report is not admissible in law because it has not yet been published in a gazette and no White Paper has been issued on the report.”

Responding to a suit brought against them in September 2010 by a coalition of six civil society groups seeking information on how the $12.4 billion oil windfall of between 1988 and 1994 was spent, the CBN claimed that the suit was not justiciable because it was not covered under the fundamental rights provisions of sections 33-46 of the 1999 Constitution.

The plaintiffs are Socio-Economic Rights and Accountability Project (SERAP); Women Advocates and Documentation Centre (WARDC); Committee for Defence of Human Rights (CDHR); Access to Justice (AJ); Human and Environmental Development Agenda (HEDA), and Partnership for Justice.

The suit, no FHC/ABJ/CS/640/10, was brought under the Fundamental Rights (Enforcement Procedure) Rules 2009 by the groups’ lawyer, Mr Femi Falana, at the Federal High Court, Abuja.

In their separate preliminary objections filed last week before the court, both the AGF and the CBN also argued that the plaintiffs had no locus standi; and were not juristic persons as they were not registered.

The AGF said that the affidavit in support of the suit was “not duly stamped.”

Adetokunbo Mumuni, SERAP executive director, said that, “we strongly reject the objections raised by both the AGF and the CBN. We are finalising a reply, which we will file in court in due course.”

Earlier, the plaintiffs, in their suit, had averred that: “In 1994, the Federal Government set up the Pius Okigbo Panel to investigate the activities of the Central Bank of Nigeria and recommend measures for the re-organisation of the bank. In the course of its assignment, the Okigbo Panel found that the $12.4 billion in the Dedicated and Special Accounts had been depleted to $200 million by June 1994.

“As a result of the alleged mismanagement of the said $12.2 billion by the military president, General Ibrahim Babangida, the Okigbo Panel recommended that the Dedicated and Special Accounts be discontinued.”

The plaintiffs are seeking an order of Mandamus, compelling the respondents individually and/or collectively to publish detailed statement of account relating to the spending of $12.4 billion oil windfall between 1988 and 1994, and to publish in major national newspapers a copy of the statement of account.

Besides, they want the court to order the respondents to prosecute anyone indicted by the report, recoup the money from them and return same to the treasury.

They also want an order directing the respondents to provide adequate reparation, which may take the form of restitution, compensation, satisfaction or guarantees of non-repetition to millions of Nigerians that have been denied their human rights, as a result of the respondents’ failure and/or negligence to ensure transparency and accountability in the spending of $12.4 billion oil windfall between 1988 and 1994.

According to the plaintiffs, “the need for information regarding the spending of $12.4 billion oil windfall is important to promote transparency and accountability in the management of public resources and to fulfil Nigeria’s international obligations to promote the development of the country.

“Access to information of this nature is especially important in this country, which is struggling to establish the rule of law and democracy in the face of underdevelopment, poverty, illiteracy and disease.

“The right of access to information is also crucial to the realisation of all other human rights, including the peoples’ right to their natural wealth and resources.”

They added that “public bodies hold information not for themselves, but as custodians of the public good and everyone has a right to access this information. Unless the Court compels Mr Adoke and the CBN to disclose the information requested in this case, the information may never be disclosed and Nigeria will remain in breach of its international anti-corruption and human rights obligations and commitments.”

The plaintiffs also argued that “the diversion and/or mismanagement of the $12.4 billion oil windfall is a violation of Nigerians’ right to natural resources and wealth and to economic development, as recognised and guaranteed by 21 and 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act).

“Under the African Charter, the Nigerian government has a legal responsibility to utilise the natural resources of the country so as to benefit the whole people.

“Just as the people of every sovereign state have a permanent right to choose their form of government, so the people are entitled to insist that the natural resources of the nation be exploited in the interest of the people.”

The plaintiffs were contending that “the right of a people not to be dispossessed of their wealth and natural resources is not just any ordinary right, but the fundamental human right. This right is an essential element of peoples’ economic security, survival and independence.”

http://www.tribune.com.ng/index.php/front-page-news/18836-124bn-oil-windfall-fg-asks-court-to-reject-okigbo-panel-report-on-ibb

Wetin you expect? You don ever see were pikin say make them prosecute him father?

Goodluck Ebele Azikiwe Obasanjo Babangida-Jonathan - Like Father - Like Son!

this country, when are we going to put things right.
Ibb should be doing jail terms, in fact 20years after
life, same as obassanjo and some others.
The federal government and the people of Nigeria
should not allow Okidigbo's effort and to be in vain.
this is the reason he was killed. IF ONLY the dead can see.
IF ONLY we can fight corruption without sentiment.
IF ONLY we will say no to corrupt leaders.
IF ONLY we chose to do the right thing and love one another.