A human rights non-governmental organisation based in
Lagos but with an office in Abuja is seeking highly qualified
Lawyers for the position of Legal Adviser in its Litigation and
Legal Advice Unit.

Education, Related Skills and Knowledge: Applicants must
Have at least: 7 years post-call litigation experience and
Knowledge of the anti-corruption and human rights fields; a
Strong commitment to human rights, transparency and
accountability; demonstrated ability to think legally,
analytically, strategically and effectively; excellent written
and oral communication skills in English; capacity to
appropriately plan and prioritize and to manage multiple
demand efficiently; ability to defend and explain complex
issues and positions to staff and to advocate on these positions
externally; and strong interpersonal skills to work
collaboratively within and outside the organisation.

Salaries and Benefits: Competitive but subject to experience
Interested applicants should please submit a letter of interest,
resume, and a short writing sample to: NGO Vacancy
lagosngovacancy@gmail.com

Application Deadline: Please apply immediately or before 18th
September 2020.

There is prospect Nigerians keen on knowing details of spending of the $460 million loan obtained in 2010 from China to fund the apparently failed Abuja Closed-Circuit Television (CCTV) project, the names of contractors who collected money, and why Nigeria is re-paying the loan, may soon have some answers, as Socio-Economic Rights and Accountability Project (SERAP) has won the latest round in the legal battle to compel the Federal Government to disclose these details.

Justice Anwuri Ichegbuo Chikere of the Federal High Court, Abuja last week granted leave clearing the way for SERAP to advance its case to compel Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning to disclose details of payment of the $460 Chinese loan to contractors, and whether the sum of N1.5 billion paid in 2010 for the failed contract to construct the headquarters of the Code of Conduct Bureau (CCB) was part of another Chinese loan.

Justice Chikere, in granting leave, stated: “After going through the Application filed by SERAP supported by 7 paragraphs Affidavit, with supporting exhibits, statement of facts, and verifying affidavits and written address in support, leave is hereby granted for SERAP to pursue its suit.”
Justice Chikere granted the order following the argument in court on an exparte motion by SERAP’s counsel Ms Atinuke Adejuyigbe and Mr Opeyemi Owolabi. The suit is adjourned to Monday, 24th February, 2020 for hearing of the substantive suit.

SERAP had in the suit number FHC/ABJ/CS/1447/2019 filed last month sought: “an order for leave to apply for judicial review and an order of mandamus to direct and/or compel the Minister of Finance to disclose the details of local companies and Chinese contractors that have received funds from the $460 million loan for the finance of the failed Abuja CCTV project as well as details of the status of implementation of the project.”

SERAP is also “seeking an order of mandamus to direct and compel the Minister of Finance to disclose whether the sum of N1.5 billion Naira paid in 2010 for the failed project meant to construct the headquarters of the CCB was part of another loan obtained from China.”

The suit followed SERAP’s Freedom of Information (FoI) request dated 25 October 2019 to Mrs Ahmed, expressing: “concern that Nigerians are being made to pay for the Chinese loans for failed and abandoned projects, and for which they have not benefited in any way, shape or form.”

The suit read in part: “Transparency in the spending of Chinese loans is good for everyone, as this would help to increase the effectiveness, legitimacy, and contribution of the loans to the development of public goods and services, and the general public interests.”

“Democracy cannot flourish if governments operate in secrecy. The citizens are entitled to know how the commonwealth is being utilized, managed and administered in a democratic setting.”

The FoI request read in part: “As trustee of public funds, SERAP contends that your Ministry has a legal duty to disclose details of spending on the $460 million Abuja CCTV project and N1.5 billion for the construction of CCB headquarters, to the beneficiaries (Nigerians) of the trust, if and when called upon to do so. Any failure or refusal to provide the information will also be clearly inconsistent with the letter and spirit of the FoI Act.”

“Servicing Chinese loans for failed projects is double jeopardy for Nigerians—they can neither see nor benefit from the projects; yet, they are made to pay both the loans and the accrued interests.”

“The $460 million loan got for the failed Abuja CCTV project and the N1.5 billion for the construction of CCB headquarters, which may be part of another Chinese loan, may have been mismanaged or stolen, and in any case, remain unaccounted for.”

“As a key agency of government, the Ministry of Finance, Budget and National Planning has a sacred duty to ensure that the country’s loans including those obtained from China are transparently and accountably used solely for the purposes for which the loans are obtained, and for the effective development of public goods and services as well as the general public interests.”

http://serap-nigeria.org/serap-wins-round-one-in-battle-to-get-details-of-failed-chinese-460m-abuja-cctv-project.ngo/

Socio-Economic Rights and Accountability Project (SERAP) has sent a Freedom of Information Act request to the Chairman and Deputy Chairman of the Governors’ Forum, Ekiti state governor Dr Kayode Fayemi and Sokoto state governor Aminu Tambuwal, and other 34 governors urging them to use their “leadership position to urgently disclose details of payment of pensions to former governors and other ex-officials between 1999 and 2019 under your state’s pension law, and to provide a copy of the said pension law.”

The organization is also urging each of the 36 state governors to “provide information on whether any such pension law exists in your state, and if so, to provide the names and number of ex-governors and other ex-officials receiving pensions in your state, and to publicly commit to repealing the law, and to pursue recovery of funds collected under the pension law.”

In the letter dated 9 December, 2019 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Public officials should not encourage, sustain, or implement jumbo pension laws that show an appearance of conflict of interest, impropriety or create situation of personal enrichment. The pension law negates the duty to act honestly and to represent the needs and concerns of the people, and to refrain from activities, which interfere with the proper discharge of public functions.”

SERAP also said: “Any such pension law also represents the use of public office to advance private interests at the expense of some public interest, suggests the misuse of legitimate discretion for improper reasons, and has created a more cynical public view of politics and politicians.”

According to the organization, “Those who manage the resources of the state ought to protect the interest of the people in their states. Public officials while entrusted with duties and discretions are not to act in their own best interest, but to discharge those duties and exercise those powers in the interests of the public.”

SERAP’s FoI request read in part: “Repealing any such pension law would demonstrate your commitment to public service and the requirements of the Constitution of Nigeria 1999 (as amended). It would show that you would not tolerate the use of public office in a manner which ignores the public interest in order to achieve personal advantage.”


“We would be grateful if the requested information is provided to us within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, the Registered Trustees of SERAP shall take all appropriate legal actions under the FoI Act to compel you to comply with our request.”

“Pension law for former governors and other senior ex-officials represents a conflict with the constitutional and legal conflict code of conduct for public officials, and would seem to prioritise private interest of former state officials over and above the public interest and public duties of state governors.”

“The duties on public officials including governors flowing from their position as trustees to the public also include the duty to refrain from activities which interfere with the proper discharge of their functions, and the duty not to place themselves in a position where public duty conflicts with private interest.”

SERAP’s request is coming on the heels of the landmark judgment delivered last week by Justice Oluremi Oguntoyinbo of the Federal High Court, Lagos ordering the Attorney General of the Federation and Minister of Justice Mr. Abubakar Malami, SAN to challenge the legality of states’ pension laws permitting former governors and other ex-public officials to collect such pensions.

The judgment followed the invalidated pension law for former governors and other ex-public officers in Zamfara State, which provided for the upkeep of ex-governors to the tune of N700 million annually. The state has produced three former governors since 1999.

SERAP’s FoI request further read: “This request is consistent with your constitutional, fiduciary and public service roles, and the spirit of the landmark judgment delivered last week by Justice Oluremi Oguntoyinbo of the Federal High Court, Lagos in the suit brought by SERAP.”

“By Section 1 (1) of the Freedom of Information (FOI) Act 2011, SERAP is entitled as of right to request for or gain access to information, including information on any life pension law for former governors and other senior ex-officials in your states and the details of payments to such officials over the years.”

“By Section 4 (a) of the FoI Act, when a person makes a request for information from a public official, institution or agency, the public official, institution or urgency to whom the application is directed is under a binding legal obligation to provide the applicant with the information requested for, except as otherwise provided by the Act, within 7 days after the application is received.”

“By Sections 2(3)(d)(V) & (4) of the FoI Act, there is a binding legal duty to ensure that documents containing information relating to any life pension law for former governors and other senior ex-officials in your states and the details of payments to such officials over the years are widely disseminated and made readily available to members of the public through various means.”

“The information being requested does not come within the purview of the types of information exempted from disclosure by the provisions of the FoI Act. The information requested for as indicated above, apart from not being exempted from disclosure under the FoI Act, bothers on an issue of national interest, public concern, interest of human rights, social justice, good governance, transparency and accountability.”

Socio-Economic Rights and Accountability Project (SERAP) has “strongly condemned the violent re-arrest today of Omoyele Sowore and his co-defendant, Olawale Bakare by officials of the State Security Service (SSS), and the apparent harassment and intimidation of Justice Ijeoma Ojukwu.”

Armed SSS officials reportedly stormed the courtroom, causing pandemonium at the court and physically assaulting Mr Sowore. The judge reportedly had to take cover. She had earlier ordered the SSS to release Sowore within 24 hours and also pay him N100,000 for improper legal conduct. The SSS then released Mr Sowore only for him and his co-defendant to be violently re-arrested.

Reacting, SERAP deputy director Kolawole Oluwadare said: “The appalling invasion of the courtroom and the ill-treatment of Sowore and Bakare is a blatant attack on the rule of law and the sanctity and integrity of our justice system. An independent judiciary, free from intimidation and harassment is a basic precondition to a functioning democracy under the rule of law.”

SERAP’s statement read in part: “The violent re-arrest of Sowore and Bakare right inside the courtroom is a textbook case of a mockery of justice and abuse of the judicial process. It drives home the failure of the Nigerian government to fulfill its constitutional and international human rights obligations to respect citizens’ human rights and observe the rule of law.”

“What happened in the courtroom is a fatal blow to human rights and the independence and integrity of the judiciary. SERAP is seriously concerned that the Government of President Muhammadu Buhari is not observing fundamental international human rights and due process standards.”

“We urge the Nigerian authorities to immediately and unconditionally release Sowore and Bakare and end the fragrant attack on the rule of law. “If Nigerian authorities are serious about human rights and the rule of law, they should hold those responsible to account. Only then will Nigerians have full confidence in this government’s ability to protect their human rights, obey the rule of law and the independence of the judiciary.”

“The United Nations Human Rights Council, African Commission on Human and Peoples’ Rights and members of the international community should urgently put pressure on the Nigerian authorities to end serious violations and abuses of human rights and threats to the rule of law in Nigeria.”

http://serap-nigeria.org/sowore-serap-condemns-re-arrest-invasion-of-justice-ojukwus-court.ngo/

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning over failure to “disclose information and specific documents on the total amount of money paid to contractors from the $460 million loan obtained in 2010 from China to fund the apparently failed Abuja Closed-Circuit Television (CCTV) project, and failure to name the contractors involved and explain why the government has continued to re-pay the loan.”

In the suit number FHC/ABJ/CS/1447/2019 filed last week at the Federal High Court, Abuja, SERAP is seeking “an order for leave to apply for judicial review and an order of mandamus to direct and/or compel the Minister of Finance to disclose the details of local companies and Chinese contractors that have received funds from the $460 million loan for the finance of the failed Abuja CCTV project as well as details of the status of implementation of the project.”

SERAP is also seeking “an order of mandamus to direct and compel the Minister of Finance to disclose whether the sum of N1.5 billion Naira paid in 2010 for the failed project meant to construct the headquarters of the Code of Conduct Bureau (CCB) was part of another loan obtained from China, and to clarify further whether the sum of N1.5 billion Naira mobilsation fee for the construction of the Headquarters of the CCB in Abuja was part of another loan from China.”

The suit followed SERAP’s Freedom of Information (FoI) request dated 25 October 2019 to Mrs Ahmed, expressing: “concern that Nigerians are being made to pay for the Chinese loans for failed and abandoned projects, and for which they have not benefited in any way, shape or form.”

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Opeyemi Owolabi and Ms Atinuke Adejuyigbe, read in part: “Transparency in the spending of Chinese loans is good for everyone, as this would help to increase the effectiveness, legitimacy, and contribution of the loans to the development of public goods and services, and the general public interests.”

“The information being requested does not come within the purview of the types of information exempted from disclosure under the Act. The Respondent has no legally justifiable reason for refusing to provide SERAP with the information requested.”

“Democracy cannot flourish if governments operate in secrecy. The citizens are entitled to know how the commonwealth is being utilized, managed and administered in a democratic setting.”

“By the combined provisions of Sections 1; 2; 3(4); 4; 7(1)&(5); 9; 14(2)(b); 19(2); 20 of the FoI Act, 2011, among other provisions; SERAP’s right of access to information is guaranteed and there is a statutory obligation on the Respondent, being public officer, to proactively keep, organize and maintain all information or records about her ministry’s operations, personnel, activities and other relevant or related information or records in a manner that facilitates public access to such information or record.”

“By virtue of Section 4 (a) of the FOI Act when a person makes a request for information from a public official, institution or agency, the public official, institution or agency to whom the application is directed is under a binding legal obligation to provide the applicant with the information requested for, except as otherwise provided by the Act, within 7 days after the application is received.”

“The Respondent is an appointee of the President of Nigeria and head of the Ministry of Finance. Her official duties include; collecting and disbursing government revenue, formulating policies on management of the Federal Government’s finance, preparing annual budget and accounts for ministries, departments and agencies and managing federal debt.”

“Obedience to the rule of law by all citizens but more particularly those who publicly took oath of office to protect and preserve the constitution is a desideratum to good governance and respect for the rule of law. In a democratic society, this is meant to be a norm; it is an apostasy for government to ignore the provisions of the law and the necessary rules to regulate matters”

The FoI request read in part: “As trustee of public funds, SERAP contends that your Ministry has a legal duty to disclose details of spending on the $460 million Abuja CCTV project and N1.5 billion for the construction of CCB headquarters, to the beneficiaries (Nigerians) of the trust, if and when called upon to do so. Any failure or refusal to provide the information will also be clearly inconsistent with the letter and spirit of the FoI Act.”

“Servicing Chinese loans for failed projects is double jeopardy for Nigerians—they can neither see nor benefit from the projects; yet, they are made to pay both the loans and the accrued interests.”

“The $460 million loan got for the failed Abuja CCTV project and the N1.5 billion for the construction of CCB headquarters, which may be part of another Chinese loan, may have been mismanaged or stolen, and in any case, remain unaccounted for.”

“As a key agency of government, the Ministry of Finance, Budget and National Planning has a sacred duty to ensure that the country’s loans including those obtained from China are transparently and accountably used solely for the purposes for which the loans are obtained, and for the effective development of public goods and services as well as the general public interests.”

The suit is seeking the following reliefs:



1. AN ORDER granting leave to the Applicant to apply for judicial review and to seek an order of mandamus directing and compelling the Respondent to provide and make available to the Applicant information on the total amount of money paid to contractors, with specific details of names of companies local contractors involved, from the $460 million loan obtained in 2010 from China by the Federal Government of Nigeria to fund the Abuja Closed-Circuit Television (CCTV) contract.

2. AN ORDER granting leave to the Applicant to apply for judicial review and to seek an order of Mandamus directing and compelling the Respondent to provide the details of the local companies and Chinese contractors that have received funds from the $460 million loan for the finance of the Abuja CCTV contract as well as details of the status of implementation of the project.


3. AN ORDER granting leave to the Applicant to apply for judicial review and to seek an order of Mandamus directing and compelling the Respondent to provide details clarifying whether the sum of N1.5 billion Naira paid in 2010 for the failed contract meant to construct the headquarters of the CCB was part of another loan obtained from China, and to clarify further whether the sum of N1.5 billion Naira mobilsation fee reportedly paid to the contractors for the construction of the Headquarters of the Code of Conduct Bureau in Abuja was part of another loan from China.


4. AND FOR SUCH FURTHER ORDER(S) the Honourable Court may deem fit to make in the circumstances.


No date has been fixed for the hearing of the suit

http://serap-nigeria.org/serap-sues-fg-over-failed-chinese-460m-abuja-cctv-project.ngo/

Court affirms SERAP’s right to sue Buhari, NASS, others over security votes spending

....

A Federal High Court sitting in Abuja yesterday granted leave to the Socio-Economic Rights and Accountability Project (SERAP) in a suit against President Muhammadu Buhari, Senate president Ahmed Lawan, and Speaker of the House of Representatives, Femi Gbajabiamila “over the failure to disclose details of allocations, disbursement and spending of an estimated N241.2 billion yearly as security votes between 1999 and 2019.”

Others joined as parties in the suit are: Mr Godwin Emefiele, Governor of the Central Bank of Nigeria (CBN), Mr Ahmed Idris, Accountant General of the Federation and Mr Anthony Ayine, Auditor General for the Federation.

Justice Ahmed Ramat Mohammed, who gave the ruling following the hearing of an argument on ex parte motion by SERAP’s counsel, Opeyemi Owolabi, expressed satisfaction that the leave ought to be granted and adjourned the motion on notice to December 10, 2019, for hearing.

Justice Mohammed ruled that hearing notices be issued and served on all the respondents within 8 days.

The order by Justice Mohammed has now cleared the way for SERAP to advance its case against the respondents and to challenge their refusal to account for the allocations, disbursement and spending of security votes by the Federal Government, 36 state governors and 774 local governments between 1999 and 2019.”

In the suit number FHC/ABJ/CS/1369/2019, SERAP is applying for judicial review and an order of mandamus directing and compelling the President Buhari, Mr Lawan, and Mr Gbajabiamila to disclose details of spending of budgetary allocations as security votes since 1999.

The suit followed SERAP’s Freedom of Information requests and “the respondents’ failure to account for some N241.2 billion of public funds allocated, disbursed and spent yearly as security votes, and the corresponding lack of effective protection of the rights to security and welfare, life and physical integrity of millions of Nigerians.”

The suit read in part: “Nigerians have the constitutional and international human right to know details of the exact amounts that have been spent as security votes and specific areas and projects covered by the allocations, disbursement and spending. There is overriding public interest in Nigerians having access to these details, and the respondents have legal obligations to facilitate public access to such information.”

“Constitutional provisions requiring governments to ensure the security and welfare of the people are intended to protect the security and safety of citizens and not the security of a few individuals in government. Without transparency and accountability, the mis-management and corruption in the allocation, disbursement and spending of security votes will continue with devastating consequences.”

“Public officials receiving and spending security votes ought to come clean with Nigerians on how exactly these public funds are spent. Unless the reliefs sought are granted, Nigerians would continue to see the appropriation of public funds as security votes as a tool for self-enrichment.”

“The suit is seeking to offer governments at all levels an important opportunity to be transparent and accountable with the exercise of their discretionary powers in the allocation, disbursement and spending of security votes. The public interest in the disclosure of these details outweighs any private interest the respondents may be seeking to protect.”

“As revealed by a 2018 report by Transparency International (TI), most of the funds appropriated as security votes are spent on political activities, mismanaged or simply stolen. It is estimated that security votes add up to over N241.2 billion every year. On top of appropriated security votes, governments also receive millions of dollars yearly as international security assistance.”

http://serap-nigeria.org/court-affirms-seraps-right-to-sue-buhari-nass-others-over-security-votes-spending.ngo/

The Archbishop of Canterbury, Most Revd Justin Portal Welby has responded to an open letter by Socio-Economic Rights and Accountability Project, (SERAP) urging him to use his good offices and leadership and his “friendship with President Muhammadu Buhari to prevail on him to obey court orders most recently involving activists Omoyele Sowore and Olawale Bakare who remain in arbitrary detention despite a court order for their release.”

This development was disclosed today by SERAP deputy director Kolawole Oluwadare.

SERAP had in the letter to Archbishop Welby expressed “serious concerns about the disturbing trends by state governments and federal government to use the court as a tool to suppress citizens’ human rights.”

Responding on behalf of the Archbishop through an email last night, Dominic Goodall, the Chief Correspondence Officer at the Lambeth Palace, said: “Thank you for your recent letter. Much as he would like to, the Archbishop is unable to respond personally in detail, so I have been asked to reply to you on his behalf.”

Goodall’s email read in part: “Thank you for taking the time to share your comments and concerns on this matter, which have been noted. Please be assured that I will communicate your concerns to the Archbishop and his staff team, so that they are aware of your concerns. Thank you again for taking the time to write.”

Kolawole Oluwadare said: “We are very delighted that our letter and the concerns that it raises have caught the attention of the Archbishop. Given his public record for justice and human rights, we have absolutely no doubt that he will prevail on President Buhari to obey not just the court order for the release of Sowore and Bakare but all court orders.”

“But it should never have reached this level, as the government ought to have obeyed court orders as a matter of routine”

Earlier, SERAP had letter dated 11 November 2019, said:“We believe you can use your leadership position and influence to persuade President Buhari to promote the rule of law in words and in action by obeying all court orders including the order for the releasing of Mr Sowore and Mr Bakare from arbitrary detention.”

SERAP also said, “As the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, we believe you can reaffirm your belief in justice, rule of law and the basic human rights of all people by speaking out with a strong voice against the repeated disobedience of court orders and the implicitly lack of respect by the government for the integrity and authority of the Nigerian judiciary.”

The letter read in part: “Taking a stance on the issues of the rule of law and respect for court orders in Nigeria will also contribute to ensuring respect for human rights and the rule of law by the 36 state governments in Nigeria, as these governments seem to be taking their cue from the federal authorities regarding disobedience of court orders.”

“Journalist and activist Omoyele Sowore and Olawale Bakare are facing trial on seven counts of treasonable felony, fraud, cyber-stalking and insulting President Muhammadu Buhari, simply for exercising their human rights. Mr Sowore, was arrested on August 3 by Nigeria’s State Security Service (SSS) for planning a protest.”

“Justice Ijeoma Ojukwu granted Sowore and Bakare bail but the security agents have continued to refuse to release them despite being served with the court orders. This refusal implicitly violates the defendants’ constitutional rights to presumption of innocence.”

“We therefore respectfully call on you to speak out on the repeated disobedience of court orders by the government of President Muhammadu Buhari and urge him to obey all court orders including the orders for the release of Mr Sowore and Mr Bakare from arbitrary detention.”
http://serap-nigeria.org/sowore-archbishop-of-canterbury-replies-serap.ngo/

Socio-Economic Rights and Accountability Project (SERAP) has asked the International Criminal Court (ICC) “to investigate whether the persistent crimes of corruption, violence, and killings during elections in Nigeria, most recently in Bayelsa and Kogi states, and the repeated failure of the Nigerian authorities to address the crimes amount to violence against Nigerians and crimes against humanity within the jurisdiction of the ICC.”

The petition dated 16 November, 2019 was sent to Mrs. Fatou Bensouda, Prosecutor, ICC.

The organization urged Ms Bensouda: “to push for those suspected to be responsible for these crimes, mostly security officials, officials of the two main political parties, the All Progressives Congress (APC) and the Peoples Democratic Party (PDP), and other actors who contributed to the corruption, violence and killings during the elections in Bayelsa and Kogi states, and are therefore complicit in the crimes, to be tried by the ICC.”

In the petition signed by SERAP deputy director Kolawole Oluwadare, the organization said: “The events in the Bayelsa and Kogi elections suggest criminal conduct within the jurisdiction of the ICC. If the results of the preliminary investigation suggest that further investigation is warranted, the ICC should work with Nigerian anti-corruption agencies on the matter. Election-related corruption and violence are not just minor infractions, they suggest serious crimes against Nigerians, in particular, crimes against humanity.”

According to SERAP, “In the ICC case on Kenyan election violence, the culture of impunity was considered one reason why violence had been ‘normalised’ as a means of political struggle. We therefore urge you to investigate allegations of corruption, violence and killings in Bayelsa and Kogi elections, if the ICC is to contribute to preventing escalations in future elections, including the general elections scheduled to hold in 2023.”

The petition read in part: “The incidents of bribery and corruption, intimidation and violence witnessed in Bayelsa and Kogi states also strike at the integrity of the democratic process and seriously undermine President Muhammadu Buhari’s oft-expressed commitment to fight corruption and end impunity of perpetrators.”

“The desire for power at all costs by politicians undermines Nigerians’ rights to open, transparent and accountable government that respects human rights and observe the rule of law. Election-related corruption and violence make public officials susceptible to corrupt incentives.”

“Corruption and violence in elections contribute to decline in the quality of the politicians occupying public offices, which in turn lead to bad governance.”

“The Nigerian authorities over the years have been unwilling and/or unable to prosecute suspected perpetrators of election-related corruption, violence and killings, which in turn has promoted the sense of impunity and emboldened those politicians and their accomplices who continue to commit these crimes against the Nigerian people during election periods.”


“Nigeria is a state party to the Rome Statute and deposited its instrument of ratification on 27 September 2001. SERAP therefore urges the ICC to use the example of its intervention in the Kenyan election violence in 2007 and 2008, which led to the ICC prosecution of perpetrators, including government officers, for crimes against humanity.”

“The violent events witnessed in the elections in Bayelsa and Kogi states suggest the lack of political will by the authorities and the Independent National Electoral Commission (INEC) to respect the sanctity and integrity of the electoral system and to apply criminal sanctions to perpetrators of corruption, violence and killings during elections.”

“The events in Bayelsa and Kogi states also suggest the misuse of state resources for party political purposes apparently by the APC and PDP. Corruption and violence-tainted elections invariably produce would-be corrupt public officials, and lead to a vicious circle of corruption, mistrust, impunity, and deny citizens access to public goods and services.”

“The Nigerian authorities and the leadership of the two main parties failed abysmally to ensure an election free of bribery, violence and intimidation in Bayelsa and Kogi states. The ubiquity of corruption and violence in Nigeria’s electoral process has made it very difficult to stop politicians from engaging in grand corruption, thereby contributing to decades of poverty and underdevelopment across the country.”

“The Bayelsa and Kogi elections have denied Nigerians the right to clean elections. The right to a clean elections system will improve the integrity of government institutions, encourage citizens’ participation in the political process, and will promote freedom to a corruption-free Nigeria.”

“The effective exercise of these rights by Nigerians requires a corruption-free electoral and democratic process, which in turn would empower the citizens to enjoy their right to their natural wealth and resources, as recognized by the International Covenant on Economic, Social and Cultural Rights and African Charter on Human and Peoples’ Rights both of which Nigeria has ratified.”

“Corruption and violence free elections are essential for the effective exercise of citizens’ constitutional right to hold their leaders to account for corruption and to participate in the efforts to promote transparency and accountability in the management of public funds.”

“The Rome Statute in article 7 defines “crime against humanity” to include “inhumane acts causing great suffering or injury,” committed in a widespread or systematic manner against a civilian population. The common denominator of crimes against humanity is that they are grave affronts to human security and dignity.”

“The elements that need to be established to prove a “crime against humanity “under article 7(1)(k) of the Rome Statute are that, the perpetrator inflicted great suffering or serious injury by means of an inhumane act; that the perpetrator was aware of the circumstances, and that the act was committed within a widespread or systematic attack on a civilian population; and that the perpetrator knew or ought to know of that link.”

“The consequences of corruption, violence and killings during election periods in Nigeria are similar to those of the offences in article 7(1). Senior government officials and other actors know well or ought to know that their failure to prevent corruption, violence and killings during election periods will violate Nigerians’ human rights and dignity.”

“Corruption, violence and killings during election periods give rise to individual criminal responsibility of those suspected of perpetrating and/or failing to address the problems, as entrenched in the Rome Statute.”

“The national authorities of the Court’s States Parties form the first line of defense in addressing crimes against humanity during elections, as they shoulder the primary responsibility for the investigation and prosecution of perpetrators of the crimes. But successive governments in Nigeria have been unwilling or unable to address the problems of corruption, violence and killings during elections and end the crimes against humanity.”

“According to our information, the elections in Bayelsa and Kogi states were characterised by widespread reports of vote-buying (ranging from N500 to N6,000), violent attacks on citizens and journalists, and outright stealing of ballot boxes by armed thugs hired by politicians apparently of the two major parties, the APC and PDP, suggesting grand corruption and brazen impunity.”

“Nigeria has a long history of electoral violence, vote-buying, ballot-stuffing, and voter intimidation. Dozens of people were killed during the 2019 general election which returned President Muhammadu Buhari to power.”

“In 2011, hundreds of people were killed in post-election violence. Nigerian politicians have failed to understand the seriousness of corruption, violence and killings during elections, and have been complicit in the commission of these crimes.”

Socio-Economic Rights and Accountability Project (SERAP) has condemned “violent attacks on peaceful protesters demanding the release of Omoyele Sowore and Olawale Bakare as ordered by the court.”

In a statement today by SERAP deputy director Kolawole Oluwadare, the organization said: “We have seen a video footage apparently showing the use of lethal and excessive force by Nigerian security agents against peaceful protesters demanding the release of Sowore and Bakare as ordered by the court. We condemn the ruthless violence and shocking abuses against protesters.”

The statement read in part: “@UNHumanRights @UN_SPExperts @davidakaye should urgently respond to the rule of law and rights crisis in Nigeria and call on the authorities to end this brutality. It is high time to ramp up monitoring on the situation in Nigeria and to send investigators to the country at once.”

“The use of lethal and excessive force violates the very core of Nigeria’s constitution and international human rights obligations. This should end immediately, and those responsible should be held to account.”

“Nigerian authorities should immediately obey ALL court orders and specifically the court order for the release of Sowore and Bakare from arbitrary detention.”
http://serap-nigeria.org/sowore-serap-condemns-violent-attacks-by-sss-officers-on-peaceful-protesters.ngo/

Socio-Economic Rights and Accountability Project, (SERAP) has sent an open letter to the Archbishop of Canterbury, Most Revd Justin Portal Welby urging him to use his good offices and leadership and his “friendship with President Muhammadu Buhari to prevail on him to obey court orders most recently involving activists Omoyele Sowore and Olawale Bakare who remain in arbitrary detention despite a court order for their release.”

SERAP expressed “serious concerns about the disturbing trends by state governments and federal government to use the court as a tool to suppress citizens’ human rights.”

In the letter dated 11 November 2019 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “We believe you can use your leadership position and influence to persuade President Buhari to promote the rule of law in words and in action by obeying all court orders including the order for the releasing of Mr Sowore and Mr Bakare from arbitrary detention.”

SERAP also said, “As the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, we believe you can reaffirm your belief in justice, rule of law and the basic human rights of all people by speaking out with a strong voice against the repeated disobedience of court orders and the implicitly lack of respect by the government for the integrity and authority of the Nigerian judiciary.”

The letter read in part: “Taking a stance on the issues of the rule of law and respect for court orders in Nigeria will also contribute to ensuring respect for human rights and the rule of law by the 36 state governments in Nigeria, as these governments seem to be taking their cue from the federal authorities regarding disobedience of court orders.”

“Journalist and activist Omoyele Sowore and Olawale Bakare are facing trial on seven counts of treasonable felony, fraud, cyber-stalking and insulting President Muhammadu Buhari, simply for exercising their human rights. Mr Sowore, was arrested on August 3 by Nigeria’s State Security Service (SSS) for planning a protest.”

“Justice Ijeoma Ojukwu granted Sowore and Bakare bail but the security agents have continued to refuse to release them despite being served with the court orders. This refusal implicitly violates the defendants’ constitutional rights to presumption of innocence.”

“We therefore respectfully call on you to speak out on the repeated disobedience of court orders by the government of President Muhammadu Buhari and urge him to obey all court orders including the orders for the release of Mr Sowore and Mr Bakare from arbitrary detention.”

Specifically, SERAP asked Most Revd Justin Portal Welby to:

Clearly and publicly condemn lack of respect for the rule of law and court orders in Nigeria
Call for the release of Mr Sowore and Mr Bakare from detention as ordered by the court
Call for greater legal protections for human rights activists and journalists in Nigeria who are simply exercising their right to freedom of expression and working to hold their leaders to account.

http://serap-nigeria.org/serap-writes-archbishop-of-canterbury-seeks-his-intervention-in-sowores-case.ngo/

SERAP sues Buhari, NASS, others ‘over failure to account for security votes since 1999’



Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit in the Federal High Court, Abuja “seeking leave to apply for judicial review and an order of mandamus to direct and compel President Muhammadu Buhari, Senate president Ahmed Lawan, and Speaker of the House of Representatives, Femi Gbajabiamila to disclose details of allocations, disbursement and spending of security votes by the Federal Government, 36 state governors and 774 local governments between 1999 and 2019.”

The suit number FHC/ABJ/CS/1369/2019 and filed last Friday followed SERAP’s Freedom of Information requests and “the respondents’ failure to account for some N241.2 billion of public funds allocated, disbursed and spent yearly as security votes, and the corresponding lack of effective protection of the rights to security and welfare, life and physical integrity of millions of Nigerians.”

Others joined as parties in the suit are: Mr Godwin Emefiele, Governor of the Central Bank of Nigeria (CBN), Mr Ahmed Idris, Accountant General of the Federation and Mr Anthony Ayine, Auditor General for the Federation.

According to SERAP: “Nigerians have the constitutional and international human right to know details of the exact amounts that have been spent as security votes and specific areas and projects covered by the allocations, disbursement and spending. There is overriding public interest in Nigerians having access to these details, and the respondents have legal obligations to facilitate public access to such information.”

SERAP also argued that: “Constitutional provisions requiring governments to ensure the security and welfare of the people are intended to protect the security and safety of citizens and not the security of a few individuals in government. Without transparency and accountability, the mismanagement and corruption in the allocation, disbursement and spending of security votes will continue with devastating consequences.”

The suit filed by SERAP’s lawyers Kolawole Oluwadare and Opeyemi Owolabi read in part: “The respondents have a legal duty to proactively record, keep and disclose information in respect of allocation, disbursement and spending of security votes without waiting for SERAP to request for such information. They are also required to maintain and publish documents containing information relating to the receipt or expenditure of public funds.”

“Public officials receiving and spending security votes ought to come clean with Nigerians on how exactly these public funds are spent. Unless the reliefs sought are granted, Nigerians would continue to see the appropriation of public funds as security votes as a tool for self-enrichment.”

“The suit is seeking to offer governments at all levels an important opportunity to be transparent and accountable with the exercise of their discretionary powers in the allocation, disbursement and spending of security votes. The public interest in the disclosure of these details outweighs any private interest the respondents may be seeking to protect.”

“The right to know allows Nigerians to gain access to information essential to the fight against corruption, which is entirely consistent with the government’s own anti-corruption strategy to encourage citizens’ involvement in the fight against corruption. Access to information on details of security votes will ultimately foster security, sustainable peace, and development of democratic institutions across the country.”

“Public officers are mere custodians of public records. The citizens are entitled to know how their commonwealth is being utilized, managed and administered in a democratic setting, as this positively influences the feeling of belonging in the society.”

“The huge financial resources budgeted for security votes by successive governments have not matched the security realities in the country, especially given the level of insecurity, violence, kidnappings and killings in many parts of the country, which seem to suggest massive political use, mismanagement or stealing of security votes by many governments.”

“As revealed by a 2018 report by Transparency International (TI), most of the funds appropriated as security votes are spent on political activities, mismanaged or simply stolen. It is estimated that security votes add up to over N241.2 billion every year. On top of appropriated security votes, governments also receive millions of dollars yearly as international security assistance.”

SERAP is therefore seeking the following reliefs:

A DECLARATION that the failure of the Respondents to provide the Applicant with specific information on details of the expenditure, non-planned extra-budgetary spending on “Security” (otherwise referred to as ‘Security Votes’) allocated and disbursed to the Federal Government of Nigeria, 36 States of the Federation and 774 local governments in Nigeria for the periods covering between 1999 and 2019 is illegal and constitutes a breach of the Applicant’s rights under the Freedom of Information Act, 2011.

AN ORDER OF MANDAMUS directing and/or compelling the Respondents to urgently compile and provide the Applicant with specific information on details of the expenditure, non-planned extra-budgetary spending on “Security” (otherwise referred to as ‘Security Votes’) by the Federal Government of Nigeria, 36 States of the Federation and 774 local governments in Nigeria for the periods covering between 1999 and 2019.

AND for such further order(s) this Honourable Court may deem fit to make in the circumstances.

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

http://serap-nigeria.org/serap-sues-buhari-nass-others-over-failure-to-account-for-security-votes-since-1999.ngo/

A human rights non-governmental organization based in Lagos is seeking highly qualified lawyers for the position of Legal Adviser in its Litigation and Legal Advice Unit.

Education, Related Skills and Knowledge: Applicants must have at least: 7 years post-call litigation experience and knowledge of the anticorruption and human rights fields; a strong commitment to human rights, transparency and accountability; demonstrated ability to think legally, analytically, strategically and effectively; excellent written and oral communication skills in English; capacity to appropriately plan and prioritize and to manage multiple demands efficiently; ability to defend and explain complex issues and positions to staff and to advocate on these positions externally; and strong interpersonal skills to work collaboratively within and outside the organization. Salaries and Benefits: Competitive but subject to experience

Interested applicants should please submit a letter of interest, resume, and a short writing sample to: NGO Vacancy lagosngovacancy@gmail.com

Application Deadline: Please apply immediately or by 30th July 2019.

Read more at: https://www.vanguardngr.com/2019/07/vacancy-legal-adviser-2/

Invitation to a townhall meeting on citizens’ participation in the fight against corruption in the police, health, education, judiciary and electricity sectors in Nigeria


1. SERAP is pleased to invite you to its latest Town Hall Meeting on citizens’ participation in the fight against corruption in the police, health, education, judiciary and electricity sectors, scheduled to hold on Wednesday, July 3, 2019 at Lagos Airport Hotel, Allen- Ikeja, Lagos, 9am Prompt

2. The town hall meeting is organized by SERAP in collaboration with the Department for International Development (DFID).

3. The town hall meeting aims at bringing together citizens who are affected by corruption in the Police, Judiciary, Education, Health and Electricity sectors in Nigeria; as well as anti-corruption agencies and other public agencies; lawyers; human rights activists; civil society leaders; the media and other stakeholders, such as trade unions, market women, taxi drivers’ associations, student associations, landlord associations, artisans, spare parts dealers, and vulcanizers.

4. The meeting also aims to discuss strategies for greater citizens’ involvement and participation in the fight against corruption including in the police, education, health, judiciary and electricity sectors

5. The meeting will also provide an opportunity for the public to raise and discuss their complaints about corruption in the police, education, health, judiciary and electricity sectors.

6. The complaints received at the meeting as well as the conclusions and recommendations will be sent to anti-corruption agencies and other appropriate agencies and authorities

7. The meeting will also develop action for Citizens United against Corruption

A human rights non-governmental organization based in Lagos is seeking highly qualified lawyers for the position of Legal Adviser in its Litigation and Legal Advice Unit.


Education, Related Skills and Knowledge: Applicants must have at least: 7 years post-call litigation experience and knowledge of the anticorruption and human rights fields; a strong commitment to human rights, transparency and accountability; demonstrated ability to think legally, analytically, strategically and effectively; excellent written and oral communication skills in English; capacity to appropriately plan and prioritize and to manage multiple demands efficiently; ability to defend and explain complex issues and positions to staff and to advocate on these positions externally; and strong interpersonal skills to work collaboratively within and outside the organization.

Salaries and Benefits: Competitive but subject to experience

Interested applicants should please submit a letter of interest, resume, and a short writing sample to: NGO Vacancy lagosngovacancy@gmail.com


Application Deadline: Please apply immediately or by 30 July 2019

SERAP gives NJC 5 days to take over CJN Onnoghen’s case

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Socio-Economic Rights and Accountability Project, (SERAP) has sent an open petition to the Next-In-Rank to the Chairman of the National Judicial Council (NJC) urging the NJC “to immediately take over from the Code of Conduct Tribunal the case of Chief Justice of Nigeria, Justice Walter Onnoghen with a view to setting up a committee to investigate the allegations of breach of constitutional asset declaration requirements against him.”

The organization also urged the NJC to: “ask Justice Onnoghen to step aside from his role as Chief Justice pending the outcome of your 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.”

The organization asked the NJC to: “consider the issue of appointment of Justice Muhammed with a view to ensuring strict compliance with constitutional provisions. The NJC should take the recommended action within 5 days of the receipt and/or publication of this letter, failing which SERAP will take appropriate legal action to compel the NJC to take action on the case.”

In the petition dated 26 January 2019 and signed by SERAP senior legal adviser Bamisope Adeyanju, the organisation said: “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.”

According to the organization, “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, copied to Mr. Diego García-Sayán, UN Special Rapporteur on the independence of judges and lawyers, 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.”

“SERAP is 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.”

“The politicisation 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 is the responsibility of the NJC to ensure the preservation of our constitutional values and to prevent the politicisation of the judiciary and politicians from running roughshod over sacred judicial functions, and consequently, the rights of citizens.”

“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 politicised, 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.”

“Many Nigerians would see the suspension of Justice Onnoghen as outright intimidation of the judiciary in the hope of making it more deferential to certain politicians, as judges prepare to hear flood of election petitions that are expected to follow the general elections in February and March 2019.”

“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.”

“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.”

“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.”

“Following the allegations that Justice Onnoghen failed to disclose huge sums of money in foreign and local currencies in his asset declaration forms and documents submitted to the Code of Conduct Bureau (CCB), a petition was sent to the CCB on January 7, 2019, the case which was later filed before the Code of Conduct Tribunal.”

“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.”


https://www.vanguardngr.com/2019/01/serap-gives-njc-5-days-to-take-over-cjn-onnoghens-case/amp/

Publish ‘names of contractors that disappeared with money for power projects’, SERAP tells Fashola

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Socio-Economic Rights and Accountability Project (SERAP) has sent a Freedom of Information request to Babatunde Fashola, SAN, Minister of Power, Works and Housing urging him to use his good offices and leadership position to “urgently provide information on specific names and details of contractors and companies that allegedly collected money for electricity projects but failed to execute any projects, starting from the return of democracy in 1999 to 2018.”

According to SERAP, former Nigeria’s Vice President and Presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar reportedly blew the whistle on Channels TV when he said, “Contractors were given some contracts for power projects and were paid hundred percent upfront. The money went down the drain. Up till now, we are not holding the contractors responsible. People have collected money upfront one hundred percent and have disappeared; and have not even done any work.”

SERAP said: “The revelation by Alhaji Atiku is entirely consistent with SERAP’s recent report titled: From Darkness to Darkness: How Nigerians are Paying the Price for Corruption in the Electricity Sector, which also revealed how over N11 trillion meant to provide regular electricity supply was allegedly squandered by politicians and contractors under successive governments.”

In the FOI request dated 4 January, 2019 and signed by SERAP senior legal adviser Bamisope Adeyanju, the organization said: “By publishing the names of the contractors and their registration details, if any, Nigerians will be better able to hold them to account for allegedly absconding with public funds meant for electricity projects, thereby throwing the country into perpetual darkness and socio-economic stagnation as well as denying people their human rights.”
The organization also said: “publishing the names will make it hard for contractors and companies to get away with complicity in grand corruption. If the requested information is not provided within 14 days of the receipt and/or publication of this letter, SERAP shall take all appropriate legal actions under the Freedom of Information Act to compel you to comply with our request.”

The FOI request read in part: “It is important to show that your office and indeed this administration would not shield or allow ingrained wrongdoing by contractors and companies in the power sector to go unpunished. Unless the names of the contractors and companies are disclosed and widely published, alleged corrupt contractors and companies executing electricity projects will not be deterred and the victims of corruption that they committed will continue to be denied justice and effective remedies.”

“SERAP urges you to publish the names of all contractors and companies that have been engaged in the power sector since the return of democracy in 1999 to date, details of specific projects and the amounts that have been paid to the contractors and companies, details on the level of implementation of electricity projects and their specific locations across the country.”

“SERAP is concerned that to date no contractors or companies who allegedly collected money for electricity projects not executed or poorly executed have been investigated for corruption let alone prosecuted and fined. Senior public officials who apparently served as intermediaries for these contractors and companies continue to escape justice.”
“We are concerned that allegations of corruption involving many contractors and companies in the power sector have continued to impair, obstruct and undermine the ability of successive governments to provide Nigerians with access to regular and uninterrupted electricity supply.”

“Contractors and companies that allegedly disappeared with public funds meant for electricity projects may also be liable for aiding and abetting the commission of acts of grand corruption.”
“SERAP also urges you to refer contractors and companies that allegedly collected hundred percent payment upfront to appropriate anti-corruption agencies for further investigation, and where there is relevant admissible evidence, for them to face prosecution.”

“Doing this will show your willingness to end a pattern of corruption in the power sector and to improve access of Nigerians to regular and uninterrupted electricity supply. It will also allow citizens to track the level of execution of electricity projects by contractors and companies and reduce impunity for corrupt acts in the sector.”
“Failure to publish the names of alleged corrupt contractors and companies in the power sector will undermine the government’s oft-expressed commitment to holistically fight grand corruption and improve access of Nigerians to regular and uninterrupted electricity supply.”

“Similarly, failure to take punitive and dissuasive measures would allow corrupt contractors and companies to continue to undermine the rule of law and socio-economic development of the country, restricting access of disadvantaged and marginalised communities to regular and uninterrupted electricity supply.”
“SERAP notes that the UN Convention against Corruption to which Nigeria is a state party contains requirements of integrity and honesty in economic, financial or commercial activities-in the public and private sectors. It also imposes obligations on the government to ensure that sanctions imposed for corruption on natural and legal persons are effective, proportionate and dissuasive.”

“We urge you to establish online national database for all contractors and companies, shareholders and others that might have any ownership interests in companies responsible for executing power projects in the country. We also urge you to disclose if there any on-going investigation or prosecution of allegedly corrupt contractors and companies in the electricity sector.”
“By Section 1 (1) of the Freedom of Information (FOI) Act 2011, SERAP is entitled as of right to request for or gain access to information, including information on alleged corrupt contractors and companies that have collected money for electricity projects and disappeared with public funds rather than executing the projects.”

“By Section 4 (a) of the FOI Act when a person makes a request for information from a public official, institution or agency, the public official, institution or urgency to whom the application is directed is under a binding legal obligation to provide the applicant with the information requested for, except as otherwise provided by the Act, within 7 days after the application is received.”

“The information being requested does not come within the purview of the types of information exempted from disclosure by the provisions of the FOI Act. The information requested for, apart from not being exempted from disclosure under the FOI Act, bothers on an issue of national interest, public concern, interest of human rights, social justice, good governance, transparency and accountability.”

“According to our information, former Nigeria’s Vice President and Presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar blew the whistle on Channels TV when he said, “We collected money from local, state and federal governments and others. Contractors were given some contracts and were paid hundred percent upfront. Up till now, we are not holding the contractors responsible. People have collected money upfront one hundred percent and have disappeared; and have not even done any work.”

http://serap-nigeria.org/publish-names-of-contractors-that-disappeared-with-money-for-power-projects-serap-tells-fashola.ngo/

Socio-Economic Rights and Accountability Project has sent an urgent appeal to two UN special rapporteurs urging them to “prevail upon the government of President Muhammadu Buhari and the leadership of Academic Staff Union of Universities (ASUU) to reach an agreement to end the ongoing strike action by ASUU, which continues to have real and dire consequences on the right to higher education, specifically university education, as guaranteed by the International Covenant on Economic, Social and Cultural Rights, to which Nigeria is a state party.”

In the urgent appeal dated 28 December 2018 and signed by SERAP senior legal adviser Bamisope Adeyanju, the organization said: “By failing to prevent and end the ongoing strike action by ASUU, the Nigerian government has defied and breached the explicit requirements of the right to equal access to higher education by Nigerian children and young people, under article 13(2)(c) of the International Covenant on Economic, Social and Cultural Rights.”

The urgent appeal sent to Ms. Koumbou Boly Barry, Special Rapporteur on the right to education and Professor Philip Alston, Special Rapporteur on extreme poverty and human rights argues that: “The failure by the Nigerian government to reach an agreement with ASUU has also implicitly made access to higher education a privilege of the rich and well-to-do rather than a right of every Nigerian child and young person, as students in private schools continue to attend classes while those in public universities stay at home.

According to SERAP, “The failure to end the ongoing strike action by ASUU is also a fundamental breach of the right to higher education without discrimination or exclusion, as strike actions continue to penalise economically disadvantaged parents who have no means or lack the capacity to pay to send their children to private schools.

The urgent appeal read in part: “The obligations of the Nigerian government to create the conditions necessary for the enjoyment of the right to education include to take preventive measures to address the root causes of strike action by ASUU and to take steps to end any strike action in a timely manner when it occurs.”

“It is the responsibility of the government to preserve and strengthen education as a public good and a matter of public interest. Without the urgent intervention of the Special Rapporteurs, the ongoing strike action by ASUU would continue and this would continue to impede access to university education for the poor and marginalized.”

“SERAP is concerned that Nigerian students in public universities have suffered many years of academic disruption as a result of the failure of successive Nigerian governments to address the root causes of strike action by ASUU and to timely reach agreement to end strike action and its devastating consequences on the right to equal and quality higher education.”

“Persistent strike actions in the education sector have continued to cause disruption of classes and undermine both the quality and duration of students’ education.”

“We note that the right to strike is one of the fundamental means available to workers to promote their interests. However, we are seriously concerned that the failure by both the Nigerian government and ASUU to make substantial progress in negotiations and reach amicable settlement to end the unduly prolonged strike action has undermined the right of Nigerian children and young people to higher education.”

“The ongoing strike action by ASUU in Nigeria if not urgently addressed would continue to have grave consequences for the youth of our country as well as the country’s development and progress as a whole.”

“Universal access is an essential prerequisite for the exercise of the right to education. But the failure by the Nigerian government to end the strike action by ASUU has contributed to denying students from disadvantaged backgrounds equal access to university education, as these students are unable or lack the capacity to pay to access private schools.”

“This situation has aggravated existing disparities in access to university education in the country, further marginalizing economically disadvantaged parents and students.”

“SERAP believes that providing Nigerian children and young people equal access to higher education should be the core public service functions of the Nigerian government. Providing public schools ranks at the very apex of the function of a State.”

“SERAP believes that equal access of Nigerian children and young people to quality and uninterrupted education including at the university level would contribute to producing citizens who are fundamentally equal and people who actively participate in society. It would enable people to enjoy the rights as well as fulfil obligations that are associated with citizenship.”

“According to our information, members of ASUU suspended their academic responsibilities in the first week of November 2018, and weeks of negotiations with the Nigerian government since then have yielded no amicable settlement or agreement. ASUU is alleging failure by the Nigerian authorities to implement 2009 agreement and the 2013 Memorandum of Understanding.”

“SERAP notes that article 13(2)(c) of the International Covenant on Economic, Social and Cultural Rights explicitly guarantees the right to higher education, which includes university education. According to the Committee on Economic, Social and Cultural Rights, states parties are required to make higher education including university education available on equal basis, and to ensure the progressive introduction of free education at all levels of education.”

“States parties including Nigeria have obligations to ensure that the liberty of providing education set out in article 13(4) of the International Covenant on Economic, Social and Cultural Rights does not lead to extreme disparities of educational opportunity for some groups in society.”

“The rights and values enshrined in the Constitution of Nigeria 1999 (as amended) all point to the right to the provision of equal access to quality education including at the university level. These rights include human rights, such as the right to equality and the right to human dignity as well as numerous other civil and political rights, such as access to information, which cannot be properly understood or exercised if one is inadequately trained and uneducated.”

SERAP therefore urged the Special Rapporteurs to put pressure on the Nigerian government to:



Take immediate action to end the deadlock in negotiations with ASUU and reach amicable settlement that would ensure that the universities are reopened without further delay and that students return to school;

Increase funding and improve investments in infrastructure and innovation for public universities;

Invest the most in those whose access to education is the most hampered;

Declare education as an essential service in Nigeria to minimise the negative impact of strike action on the right to higher education, including university education


https://www.vanguardngr.com/2018/12/serap-drags-fg-to-un-over-failure-to-end-ASUU-strike/amp/

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit asking the Federal High Court in Lagos to “stop the Senate President Bukola Saraki from paying former Plateau State governor, Senator Joshua Dariye N14.2 million monthly allowances while he serves out a 10-year prison sentence for corruption because such payment violates Nigerian law and international obligations.”

According to SERAP’s lawsuit, Mr Dariye is still receiving the N750,000 salary and N13.5 million monthly allowances from the Nigeran Senate six months after his conviction. In June, an FCT high court convicted Dariye for diverting N1.162 billion state ecological funds while he was governor. He was sentenced to 14 years in prison, which was later reduced to 10 years by a court of appeal in Abuja. Dariye is said to have been paid N85.5 million as allowances since his conviction.

Joined as Defendants in the suit are: Mr Dariye and the National Assembly Service Commission.

In the suit number FHC/L/CS/2146/18 filed last Friday, SERAP argued: “Mr Saraki and the National Assembly Service Commission are trying to override Nigerian law and the judgment of our court by continuing to pay Mr Dariye’s allowances while he serves out a 10-year prison term and unable to sit and perform the functions of a senator. This action undermines the rule of law and is a great moral failure because it sends a message that corruption pays—it’s the opposite of Nigerian Constitutional principles and international obligations.”

The organisation also argued: “Stopping the Defendants would ensure that only sitting and serving senators are worthy of drawing salaries and allowances from the public treasury. It would also further the public interest and general public confidence in the government it elects. The interest in public confidence is greater than the convicted person’s interest in continuing to receive allowances while serving his sentence for corruption in Kuje prison.”

The 15-page lawsuit read in part: “Mr Saraki and the National Assembly Service Commission should be immediately restrained from unlawfully paying salaries and allowances to Mr Dariye who is serving jail term. Restraining them would send a clear message to Nigerian elected officials that corruption does not pay and contribute to promoting accountability and fostering public trust and confidence in Nigeria’s democracy, the rule of law and the governance system.”

“By paying Mr Dariye’s allowances while in prison, Mr Saraki and the National Assembly Service Commission have destroyed the efficacy and purpose of Mr Dariye’s conviction and have brought the rule of law and administration of justice into disrepute. SERAP and the public are alarmed by the action of Mr Saraki and the National Assembly Service Commission and they ought to be restrained by this Honourable Court.”

“Mr Saraki and the National Assembly Service Commission should not be allowed to continue to make a mockery of the rule of law, our process of administration of justice and our judicial system by behaving as if the Nigerian Senate is not bound by the court judgment which convicted and sentenced Dariye for corruption. Mr Saraki and the Nigerian Senate should be compelled to respect and obey decisions of the court.”

“By continuing to pay Mr Dariye’s allowances after his conviction and while in Kuje prison and unable to sit and perform the functions of a sitting senator, Mr Saraki and the National Assembly Service Commission have played a negative role to wit: undermining the authority and integrity of the court. Mr Saraki and the National Assembly Service Commission knew or ought to know that Mr Dariye has been convicted and sentenced and now serving his jail term in Kuje prison pursuant to a decision of a competent court.”

“Mr Dariye, having been convicted, sentenced and currently serving jail term in Kuje prison can no longer by virtue of his imprisonment lawfully carry out or perform the duties of a senator. Mr Dariye ordinarily ceases to be a senator, as per the provisions of section 66 of the 1999 Constitution of Nigeria (as amended).”

“Section 68(1) provides that a senator shall vacate his/her seat if any circumstances arise that would cause him/her to be disqualified for election as senator. This is exactly what happened to Mr Dariye, who is, as a result of his imprisonment, no longer fit to be a senator let alone be entitled to allowances of a sitting senator. Similarly, a senator shall vacate his/her seat if without just cause, he/she is absent from meetings of the Senate, for a period amounting in the aggregate to more than one-third of the total number of days during which the Senate meets in any one year”

“Mr Dariye is no longer a senator having been convicted, sentenced and currently serving prison terms and having been in prison since June 12, 2018, he is caught by the provision of section 68(1)(f) as it is practically impossible for him to sit as senator.”

“Mr Dariye, having been absent for a period amounting in the aggregate to more than one-third of the total number of days during which the Senate meets in 2018, is disqualified and therefore his seat has automatically become vacant. Mr Dariye is no longer entitled to be paid and/or to receive the allowances of a sitting and serving senator.”

“Mr Dariye’s conviction remains in effect until it is set aside. Therefore, the argument that he has appealed his conviction will not hold water. A judgment of a competent court of law subsists until set aside on appeal. The Supreme Court of Nigeria has made this point very clear in several cases.”

“So long as the decision exists, it must be obeyed to the letter. A judgment of court, no matter the fundamental vice that afflict it, remains legally binding and valid until set aside by due process of law. As the Supreme Court has said, the judiciary like all citizens of this country cannot be a passive on-looker when any person attempts to subvert the administration of justice and will not hesitate to use the powers available to it to do justice in the cases before it.’’

“Mr Dariye cannot justly and reasonably earn the allowances of a sitting and serving senator, having been convicted and sentenced and serving a prison term. Under the common law principle of money had and received, Mr Dariye is under a legally binding duty to return all such salaries and allowances to the public treasury, having not justly earned such. Mr Dariye should be compelled to return the allowances he has received so far since his conviction.”

“SERAP is seeking an order restraining Mr Saraki and the National Assembly Service Commission from paying Mr Dariye any further allowances while serving his jail term in Kuje prisons, Abuja.”

“SERAP is also seeking a declaration that the seat of Mr Dariye in the Senate is automatically deemed vacant, having being convicted and sentenced to a prison term and currently serving jail term and having been absent at the sessions of the Senate for a period amounting in the aggregate to more than one-third of the total number of days allowed, and that he is therefore, not entitled to any allowances reserved for a sitting and serving senator.”

“SERAP is also seeking an order compelling Mr Dariye to return all salaries and allowances paid to him as a senator while in prison, having not performed the functions and office of a sitting and serving senator and having not deservedly earned such.”

“Unless the reliefs sought are granted, Mr Saraki and the National Assembly Service Commission will continue to act in flagrant defiance of the judgment of the court, the independence and authority of the court, and the rule of law. It is in the interest of justice to grant this application as the Defendants have nothing to lose if the application is granted.”

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


http://serap-nigeria.org/serap-sues-saraki-for-paying-dariye-n14-2m-monthly-allowances-in-prison.ngo/

‘Buratai must account for spending on Lafiya Dole, Crocodile Smile’---SERAP, EiE, BudgIT

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Socio-Economic Rights and Accountability Project (SERAP), Enough is Enough (EiE), and BudgIT have sent a joint Freedom of Information request to Lt. General Tukur Yusuf Buratai, Chief of Army Staff of Nigeria, requesting him to use his good offices and leadership position to “urgently provide information on the 2015, 2016 and 2017 budget implementation reports of the Nigerian Army, including the amounts released (financial implications) and expended in fiscal years 2015, 2016 and 2017 for the various operations the Army carried out.”

The groups also urged Mr Buratai to furnish them with “the amounts released (financial implications) and expended in fiscal years 2015, 2016 and 2017 for: Operation Lafiya Dole, Operation Safe Haven, Operation Python Dance, Operation Ruwan Wuta, Operation Delta Safe, Operation Mesa, Operation Harbin Kunama, Operation Awatse, Operation Tsera Teku and Operation Crocodile Smile.”

In the FOI request sent last week and signed by Bamisope Adeyanju of SERAP, Seun Akinyemi of EiE and Atiku Samuel of BudgIT, the groups said: “Transparency of the budget process and its implementation is an essential condition to achieve good governance. The reports, if provided and published, will shed light on military spending and put to rest once and for all the perceived lack of transparency and accountability in the spending of military budgets, which has been a subject of intense public debate and concern.”

The groups said: “If the requested information is not provided within 14 days of the receipt and/or publication of this letter, our organizations shall take all appropriate legal action under the Freedom of Information Act to compel you to comply with our request.”

According to the groups: “several billions of naira allocated to the military to defend the country and protect its people have neither contributed to improving the ability of Nigerian soldiers to fight Boko Haram and other armed groups nor provided the much-needed security especially for Nigerians in the North-east of the country.”

The FOI request read in part: “The information being requested does not come within the purview of the types of information exempted from disclosure by the provisions of the FOI Act. The information requested for, apart from not being exempted from disclosure under the FOI Act, would serve the national interest, public welfare, public interest and peace, human rights, good governance, transparency and accountability.”

“By virtue of Section 1(1) of the Freedom of Information Act, 2011, we are entitled as of right to request for or gain access to information, including information on 2015, 2016 and 2017 budget implementation reports of the Nigerian Army, and the amounts released (financial implications) and expended in fiscal years 2015, 2016 and 2017 for the various operations listed, which have yielded no tangible result.”

“Also, by virtue of Section 4(a) of the FOI Act, when a person makes a request for information from a public official, institution or agency, the public official, institution or agency to whom the application is directed is under a binding legal obligation to provide the applicant with the information requested for, except as otherwise provided by the Act, within 7 days after the application is received.”


http://serap-nigeria.org/buratai-must-account-for-spending-on-lafiya-dole-crocodile-smile-serap-eie-budgit.ngo/

Socio-Economic Rights and Accountability Project (SERAP) has sued President Muhammadu Buhari over “failure to direct the Attorney General of the Federation and Minister of Justice Abubakar Malami, SAN, and/or appropriate anti-corruption agencies to investigate allegations of bribery against Governor Abdullahi Ganduje of Kano State, as contained in the widely circulated video clips allegedly showing Mr Ganduje receiving bribe.”

SERAP had in November asked the president to direct the investigation of Mr Ganduje, stating that, “if there is relevant and sufficient admissible evidence, for him to face prosecution at the expiration of his tenure as governor.” The organization also sought protection for the journalist Jaafar Jaafar, who reportedly published the video clips.

However, SERAP said since the receipt of its letter and to date, President Buhari has failed to grant its requests. Also, a Kano State high court last week stopped the Kano State House of Assembly from investigating the $5 million bribery allegation against Mr Ganduje.

Consequently, in the suit number FHC/L/CS/2055/18 filed last Friday at the Federal High Court, Ikoyi, Lagos, SERAP is seeking “an order for leave to apply for judicial review and an order of mandamus directing and/or compelling Mr Buhari to immediately direct the investigation of allegations of bribery against Mr Ganduje.”

SERAP said: “The Applicant’s requests are not onerous but simply based on issues of public interest, good governance, transparency and accountability. It is in the interest of justice to grant this application, as the Respondent has nothing to lose if the application is granted.”

The suit is also seeking an order to compel Mr Buhari to “instruct appropriate security and law enforcement agencies to ensure the protection and guarantee the safety and security of journalist Jaafar Jaafar.”

The suit filed on behalf of SERAP by its counsel, Ms. Bamisope Adeyanju read in part: “Investigating allegations of bribery against Mr Ganduje would be entirely consistent with the provisions of section 15 subsection (5) of the 1999 Constitution, which requires the government of the Respondent to abolish all corrupt practices and abuse of power, regardless of the state where such practices are taking place. The Constitution defines ‘government’ to include federal, state and local governments.”

“Growing allegations of corruption against many state governors have not been investigated and several of the governors involved are getting away with their alleged crimes. Granting the reliefs sought would assist the Respondent to succeed in his fight against corruption and help to combat corruption among many state governors, who continue to allegedly mismanage their states’ resources with almost absolute impunity.”

“The Attorney-General of the Federation has power conferred on him by section 174(1)(a) of the 1999 Constitution (as amended) and anticorruption agencies have the powers to act on the allegations of bribery against Mr Ganduje for the sake of discharging their mandates, ensuring transparency and accountability, promoting the common good, peace, order and good government of the federation (which includes Kano State).”

“Under the provisions of section 5(1)(b) of the Constitution of Nigeria,1999, the Executive powers of the Federation extends to the execution and maintanance of the Constitution which is the grundnorm and all laws made by the National Assembly, including the provisions of the Corrupt Practices and Other Related Offences Act, which SERAP is requesting the Respondent to effectively implement.”

“Under Section 61(2) of the Corrupt Practices and Other Related Offences (ICPC) Act, a law of general application throughout the country, public officers accused of bribery may be prosecuted by the appropriate authority for such an offence.”

“Although primarily a matter of concern for Kano State, the allegations of bribery against Mr Ganduje have assumed such a proportion as to become a matter of concern to the federation as a whole, and therefore, to the government of the Respondent.”

“Vigorously seeking to enforce anticorruption legislation and the United Nations Convention against Corruption to which Nigeria is a state party regarding alleged corrupt state governors, will show that the Respondent is concerned with the overall well-being of the federation and willing and able to enforce important constitutional principles.”

“Given the history of corruption in Nigeria, especially unresolved allegations of grand corruption against many state governors, the government of the Respondent cannot and should not look the other way regarding the allegations against Mr Ganduje. Any allegations of bribery and abuse of power in any state of Nigeria is of concern to every Nigerian, and should therefore, be of concern to the government of the Respondent.”

“It is important to reiterate that a sitting governor can be investigated under Nigerian laws. Any criminal allegation against a sitting governor can and should be investigated pending the time the governor leaves office and loses immunity.”

“SERAP has sufficient legal interest in monitoring the way and manner public funds are being utilized in Nigeria, hence our request for the Respondent to perform his public duty.”

“The Respondent has failed, neglected and refused to instruct the Attorney General of the Federation and/or anti-corruption agencies to investigate Mr Ganduje over the alleged bribery. Given his anticorruption commitments, the Respondent ought to have acted on SERAP’s requests to improve transparency and accountability among state governors.”

“As the Supreme Court of Nigeria stated in Ugwu v. Ararume (2007) 31 WRN 1 at 42: ‘If we want to instill sanity into our human affairs, if we want to entrench unpolluted democracy in our body polity, the naked truth must permeate through the blood, nerve and brain of each and every one of us. Although credit may not always have its rightful place in politics, we should try to blend the two so as to attain a fair, just and egalitarian society where no one is oppressed. Let us call a spade a spade!”

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

http://serap-nigeria.org/serap-asks-court-to-compel-buhari-to-investigate-ganduje-over-alleged-bribery.ngo/

On December 9, Nigeria will join 185 other nations to mark International Anti-Corruption Day, the 15th anniversary of the signing of the United Nations Convention against Corruption. It is important to raise awareness about the harm caused by corruption, demonstrate the progress made by the international community to unite against corruption, and reaffirm the urgency of this fight.

Countries around the globe have struggled to overcome poverty, underdevelopment, and inequality. All are exacerbated by corruption, which saps national and individual resources and erodes trust in government. No country, region, or community is immune to this crime.

In 2015, Nigerians elected President Muhammadu Buhari, in part thanks to his pledge to tackle corruption. Famously stating, “If we don’t kill corruption, corruption will kill us,” he promised to prevent public officials from looting the coffers.

According to a 2017 Gallup survey, 80 percent of Nigerians thought that corruption was rampant in the government, and 76 percent believed that it was rampant in the private sector. Yet, there is reason for hope. The 2018 Afro-barometer poll in Nigeria shows that 59 percent of those surveyed reported that the government was doing “fairly well” or “very well” in the fight against corruption.

But there is much more to do. Today, corruption still constitutes one of the greatest threats to Nigeria’s sustainable and equitable development.

The conviction rate for corruption is low. Authorities are slow to adopt and implement critical reforms. The anti-corruption fight appears plagued by selectivity and the apparent complicity of key officials and cover-ups, including unaddressed, longstanding allegations of corruption against several state governors.

More than three years after the current administration took office and promised to fight grand corruption, no ‘big fish’ suspected of corruption has yet been sent to jail. The rare exception is the recent jailing of two former governors. And it seems unlikely that many of those facing grand corruption charges will be successfully prosecuted before the end of the administration in May 2019.

In the National Assembly, several states of the federation, and federal ministries, corruption occurs every day and every hour, especially in the budget process, the power sector, the education sector, the water sector, the health sector, and other important public sectors. Corruption continues to directly affect the lives and well-being of millions of Nigerians across the country and to erode public trust in public institutions and leaders.

There is uneven implementation of the rule of law and democratic processes, limited citizen participation in policy processes, and deliberate disobedience of court orders and judgments.

Judgments that serve to increase transparency are routinely ignored, allowing corruption to continue. For example, SERAP recently obtained a Federal High Court order for the government to publish widely and account for how recovered stolen funds have been spent since the return of democracy in 1999. Another judgment SERAP obtained that orders the government to tell Nigerians about stolen assets allegedly recovered from corrupt officials is only partially enforced.

One of the best measures of a country’s progress toward transparency and accountability is respect for the rule of law. The law ought to command the highest level of respect by the government immediately obeying orders and judgments of competent courts. The fight against corruption won’t succeed if the government continues to selectively adhere to law or refuse to rectify any disobedience.

As the world marks Anti-Corruption Day, Mr. Buhari has an opportunity to revolutionize his anti-corruption fight and raise his game in his government’s efforts to rid Nigeria of corruption, poverty, and underdevelopment. Nigeria can and should lead the way for the rest of the world to entrench a culture of the rule of law and good governance. Nigerians need to see real commitment and high-level investment in promoting a culture of clean government and total obedience to the rule of law.

This would have a beneficial effect, not only in terms of gaining the trust and confidence of Nigerians in his professed anti-corruption campaign, but also in ensuring that Nigeria effectively contributes to the global efforts to achieve the UN’s Sustainable Development Goals.

The international community must stand united against corruption not just in words but in concrete action if the global efforts to lift people from poverty and economic marginalisation are to be successful.

Timothy Adewale is deputy director of the Socio-Economic Rights and Accountability Project (SERAP), a Nigerian nonprofit that promotes human rights, transparency, and accountability in governance.


http://serap-nigeria.org/one-day-wont-win-the-fight-against-corruption-in-nigeria-serap.ngo/

SERAP asks Adamu to refer Cross River Basin to EFCC, ICPC over ‘widespread corruption’

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Socio-Economic Rights and Accountability Project, (SERAP) has sent an open letter to Engr. Suleiman Adamu, Minister of Water Resources, urging him to use his good offices and leadership position to “urgently refer the allegations of widespread and systemic corruption involving the management and leadership of the Cross River Basin Development Authority (CRBDA) to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for investigation.”

The organization urged Mr Adamu to ensure that “anyone involved is brought to justice if there is relevant and sufficient admissible evidence. We also urge you to push for the publication of the outcome of any investigation carried out by the anticorruption agencies.”

The organization said it received “reports and huge documentation from whistle-blowers on allegations of corruption at the CRBDA, including illegal conversion and misappropriation of funds meant for water projects, lack of proper disbursement and utilization of project funds, illegal auctioning of the agency’s assets, harrassment of staff members who expose these allegations, abuse of office, payment for projects not executed, and by-passing the government’s policy on the Treasury Single Account.”

In the letter dated 30 November 2018 and signed by SERAP senior legal adviser Bamisope Adeyanji the organization said, “Mr Adamu’s intervention would help to improve public confidence in public agencies, minimize the risks of bad government, and improve access of citizens to essential public services. It would indicate your ministry’s willingness to exert your authority to prevent breaches of Nigeria’s anti-corruption legislation and international obligations.”

According to the organization, “Referring the allegations for investigation by the EFCC and ICPC and pushing for suspected perpetrators to be brought to justice would be entirely consistent and compatible with the Constitution of Nigeria, anticorruption legislation and Nigeria’s obligations under the UN Convention against Corruption.”

The organization urged Mr Adamu to “suspend senior management and leadership suspected to be involved from their positions at CRBDA, pending the referral to the EFCC and ICPC, and pending the outcome of any investigation by the EFCC and ICPC.”

The letter copied to Ibrahim Mustafa Magu, Acting Chairman Economic and Financial Crimes Commission (EFCC) and Dr. Musa Usman Abubakar, Acting Chairman Independent Corrupt Practices and Other Related Offences Commission (ICPC) read in part: “SERAP has been fully briefed by some whistle-blowers that funds meant for projects and operations, salaries and allowances have been allegedly diverted and removed from CRBDA’s budget lines.”

“The management and leadership of CRBDA also allegedly secretly auctioned to themselves some of the agency’s new assets and properties, including servicable items ranging from tractors/plants.”

“The management and leadership also reportedly regularly make upfront payment of contracts without full execution and in some cases for abandoned projects. Management then cites contracts for such projects as being under ‘rehabilitation’ in subsequent budgets.”

“SERAP also urges you to set up a mechanism to monitor spending by the CRBDA and other similar agencies of the ministry across the country on specific projects in order to ensure that funds allocated for projects are spent exactly for the purpose and to prevent and combat corruption in the operation of the agency and other public institutions under your ministry.”

“SERAP notes that the Nigerian Constitution 1999 (as amended) and UN Convention against Corruption to which Nigeria is a state party prohibit corruption and set ethical standards for public institutions, including the CRBDA. SERAP is seriously concerned that these allegations violate Nigerian anticorruption laws, the Public Procurement Act, and international standards such as the UN Convention against Corruption.”

“Such allegations if allowed to continue would seriously undermine the ability of the CRBDA to effectively discharge its mandates to provide essential public services to the citizens and residents of areas.”

“In particular, Section 15(5) of the Nigerian Constitution provides that ‘The State shall abolish all corrupt practices and abuse of power.’ Also, the UN Convention against Corruption imposes clear obligations on Nigeria to investigate allegations of corruption, prosecute suspected perpetrators and ensure return and repatriation of proceeds of corruption.”

“The Convention also obligates states parties to ‘strengthen measures to prevent and combat corruption more efficiently and effectively’, and to ‘promote integrity, accountability and proper management of public affairs and public property’.”


http://serap-nigeria.org/serap-asks-adamu-to-refer-cross-river-basin-to-efcc-icpc-over-widespread-corruption.ngo/

Socio-Economic Rights and Accountability Project, (SERAP) has sent an open letter to Prof. Mahmood Yakubu, Chairman Independent National Electoral Commission (INEC), requesting him to “promptly, thoroughly and effectively investigate allegation that Senate President Bukola Saraki spent between N200m and N400m in every state, except the six South-West states, to influence the outcome of the 2015 elections for the All Progressives Congress (APC).”

The organization also urged INEC to “investigate the sources of other cases of apparently unexplained campaign financing and contributions for the 2015 elections by politicians and supporters of the two main political parties that is, the APC and the Peoples Democratic Party (PDP). We urge you to collaborate with the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) in any such investigation.”

Saraki allegedly said in a leaked audio: “Out of the 36 states, I paid election money in 30. Some collected N300m, while some collected N400m, some collected N200m. The only states where I had nothing to do with was in the South-West. Even on the phone, I was calling and giving banks instructions.”

SERAP in the letter dated 17 November 2018 and signed by its senior legal adviser Bamisope Adeyanju, said: “Allegation that one politician spent billions of Naira on elections in several states of the country to support a political party if not thoroughly, and transparently investigated and prosecuted would undermine the public faith in the country’s democracy. It also risks distorting electoral processes and reversing the gains in the democratic and electoral processes that have been recorded since the return of democracy in 1999.”

The organization also said: “Such spending if allowed to continue can shape policy-making after elections, and improperly influence the decisions taken by the country’s elected representatives who will most likely consider their contributions to political parties’ campaign as ‘investment’ and thus seek returns on their purported investment to achieve electoral success for their party.”

According to the organization: “Probing the sources of such spending would improve transparency and accountability in campaign spending and contributions. This is essential to curb abuse and mismanagement of Nigeria’s resources, help to balance political competition, foster the integrity of officeholders, rebuild citizens’ trust in the political system’s integrity, as well as ensure that electoral processes and elected officials are not compromised by uncontrolled and unaccountable campaign funding.”

The letter copied to Ibrahim Mustafa Magu, Acting Chairman EFCC; Dr. Musa Usman Abubakar, Acting Chairman, ICPC; and Professor Itse Sagay, Chairman, Presidential Advisory Committee Against Corruption (PACAC) read in part: “Unexplained and unregulated spending to influence the outcome of any election can distort the electoral competition and lead to state capture by wealthy politicians and individuals.”

“SERAP urges you to prosecute anyone suspected to be involved and/or complicit in the alleged unexplained campaign spending, if there is relevant and sufficient admissible evidence of violations of international standards and national laws. We request that you take steps within 14 days of the receipt and/or publication of this letter, failing which SERAP will institute legal proceedings to compel you and the INEC to discharge your constitutional and statutory responsibilities in the public interest.”

“Unexplained and unregulated spending on election campaign would encourage politicians to divert public resources for political purposes rather than ensuring and directing critical spending for socio-economic development of the country, including on improving access to public services such as electricity, health, water, and education.”

“Campaign financing such as the spending allegedly disclosed by the Senate president undermines public trust and confidence in politicians and poses serious corruption risks, as it can blur the line between state and party politics, encourage the use of national resources to fund and influence elections. Such huge spending by an individual can even be converted into a conduit for money laundering.”

“SERAP urges you to publicly clarify to politicians and political parties ceilings for campaign spending and contributions, and to insist that all political parties and politicians disclose sources of their spending for the 2019 elections. INEC should also require all political parties to sign ‘transparency pacts’ that would mandate candidates and their sponsors to disclose the identities of donors and publish all spending and contributions on their party website and in the press before the 2019 elections.”

“SERAP therefore urges you to investigate the sources of campaign financing and contributions by Saraki and by other politicians and other individuals to APC and PDP if INEC is ever to rein in the role of money and level the playing field for candidates and political parties in the 2019 general elections.”

“INEC should carry out the investigation and prosecution in collaboration with the ICPC and EFCC, and send a strong message to politicians and political parties that INEC under your leadership would not tolerate any infringement of the democratic and electoral processes ahead of the 2019 general elections.”

“SERAP notes that international law has increasingly recognised the importance of transparency for mitigating corruption in party politics and using disclosure of political financing as a means to improve it. The United Nations Convention against Corruption (UNCAC) to which Nigeria is a state party obligates states to enhance transparency in the funding of candidates for elected public office and, where applicable, the funding of political parties. Similarly, the African Union Convention on Preventing and Combating Corruption, which Nigeria has also ratified requires states to incorporate the principle of transparency into funding of political parties.”

“Further, Sections 225 and 226 of the 1999 Nigerian Constitution (as amended) affirms the powers of INEC to monitor, inquire into and assess campaign finances, and a party’s source of and management of funds, while Section 228 provides sanctions with regard to party finance and campaign finance.”

“According to Section 91(2) and 91(3) of the Electoral Act, the maximum election expenses to be incurred by a candidate at a presidential and governorship election shall be one billion naira only and two hundred million naira only respectively. Also, Section 91(4) of the Electoral Act states that the maximum election expenses to be incurred by a candidate for a senatorial and House of Representatives election shall be N40m only and N20m only respectively.”

“According to reports, Senate President Bukola Saraki allegedly claimed in an audio clip while addressing Peoples Democratic Party that he spent between N200m and N400m in every state except the six South-West states, to influence the outcome of the elections for the All Progressives Congress. Saraki reportedly said “Out of the 36 states, I paid election money in 30. Some collected N300m, while some collected N400m, some collected N200m. The only states where I had nothing to do with was in the South-West. Even on the phone, I was calling and giving banks instructions.”

http://serap-nigeria.org/serap-asks-inec-to-probe-campaign-spending-by-saraki-other-contributions.ngo/

Socio-Economic Rights and Accountability Project, (SERAP) has sent an urgent petition to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) requesting them to “jointly investigate allegations of corruption during the recent primaries by both the All Progressives Congress (APC) and the Peoples Democratic Party (PDP), and to collaborate with the Presidential Advisory Committee Against Corruption (PACAC) in any such investigation.”

The organization also urged the EFCC and ICPC to “widely publish the outcome of any investigation carried out, and if there is relevant and sufficient admissible evidence, to bring to justice anyone involved.”

In the petition dated 10 November 2018 and signed by SERAP senior legal adviser Bamisope Adeyanju, the organization said, “Allegations of bribe payments by candidates to political parties and party officials would ultimately undermine the principles of representative and accountable government that acts in the public interest, equality and fairness. Whether or not the allegations are true, the fact that both parties have repeatedly accused each other of corruption raises significant concerns about the influence of money in Nigerian politics and public positions being given in return for cash.”

The organized expressed “serious concern that if true, the allegations that officials of leading political parties engaged in corrupt acts would weaken public confidence in the electoral and democratic process, and send a damaging message that public offices are for sale and that politicians are interested in public offices only for themselves and not for the common good.”

The petition addressed to Ibrahim Magu Acting Chairman, EFCC; Dr. Musa Abubakar Acting Chairman, ICPC, and copied to Professor Itse Sagay, Chairman Presidential Advisory Committee Against Corruption (PACAC) read in part: “The allegations of bribe payments by candidates to political parties and party officials should be thoroughly investigated and anyone suspected to be involved prosecuted if the country’s political parties are to win back the trust of citizens.”

“When officials of political parties sell access to public offices in return for money, the entire institutions of governance are invariably compromised. SERAP urges both the EFCC and ICPC to proactively act to ensure greater level of transparency and accountability and reduce the risk of corruption among political parties if Nigeria is not to continue to witness damaging allegations of corruption involving political parties.”

“Political corruption undermines the fundamental role of political parties in a democratic system including that of serving as an essential tool of expression of the political will of citizens. Investigating the allegations of corruption in the primaries by the APC and the PDP would be entirely consistent with the exercise of your mandates to prevent and combat corruption in the country, and will comply with both the spirit and the letter of the UN Convention against Corruption to which Nigeria is a state party.”

“According to reports, both the APC and the PDP allegedly perpetrated acts of corruption including bribery to influence the outcomes of their respective primaries. For example, the National Chairman of the APC, Mr Adams Oshiomhole allegedly refused $500,000 bribe cash from a governor. Mr Oshiomhole himself also alleged ‘dollar bazaar at the PDP Port Harcourt primary’, in reference to the allegation that some PDP presidential aspirants bribed many of the delegates with dollars to influence the outcome of the primary.”

“Unresolved allegations of corrupt acts by political parties and their officials would significantly contribute to impunity for grand corruption in Nigeria and pose a serious threat to probity in public life, the rule of law and respect for human rights. Investigating the allegations and prosecuting all those suspected to be involved would indicate your agencies’ willingness to exert your authorities and act as a deterrent against breaches of Nigeria’s anti-corruption legislation and international standards.”

http://serap-nigeria.org/probe-corruption-in-conduct-of-primaries-by-apc-pdp-serap-tells-efcc-icpc.ngo/

A new report by the Socio-Economic Rights and Accountability Project (SERAP) has revealed how over US$8 billion oil and gas assets were sold to Nigerian entities – especially onshore fields –between 2005 and 2015, and how the failure of companies to pay Capital Gains Tax (CGT) on the sale of the assets is fueling poverty, underdevelopment and inequality in Nigeria.

The report also revealed that the divestment of assets by international oil companies has not translated into commensurate increase in revenue arriving in the Nigerian Government’s coffers from taxes.

According to information obtained from the Federal Inland Revenue Service (FIRS) for the report, the governments of Umaru Musa Yar’Adua and Goodluck Jonathan failed to collect CGT on the sale of Addax Petroleum to Sinopec in 2009 from divestment of assets worth $2.5 billion.

The Goodluck Jonathan government also failed to collect tax on the transfer of Conoco Phillip Oil Company Nigeria Limited to Oando Hydrocarbon (Now Oando Oil Limited) through the acquisition of the shares of Conoco Phillips in Canada for US$1.79 billion. The shares were acquired by Oando Energy Resources Canada.

The report is calling on the authorities to urgently “recover any possible past-unpaid dues, and for improvement in the collection and estimation of capital gains tax in the Nigerian oil sector.”

The report titled Impact of non-payment of Capital Gains Tax (CGT) and other Levies in the Oil and Gas Sector on the Socio-Economic Development of the Country launched today at the CITIHEIGHT Hotel, Lagos states, “In recent years, economic inequality has soared to unprecedented levels in Nigeria, hampering poverty reduction efforts, fueling political instability and presenting new threats to the full spectrum of human rights.”

The report also states that, “The political will to improve framework and policies for the determination and payment of capital gains tax in the oil sector could generate much needed revenue for execution of government projects and provision of infrastructure and socio-economic development. As such, an improved framework has the potential to galvanise action to reduce poverty, underdevelopment, unemployment, and inequality.”

The report presented to the media by presented by Mr. Azeez Alatoye and Mrs. Bimpe Balogun urges “the Federal Government to move swiftly to improve the administration of capital gains tax in the oil and gas sector and to identify the loss over a period of time.”

Mr Femi Falana SAN, said at the report launch: “SERAP deserves commendation for the public presentation of this timely report. From the report not less than $270 million has not been recovered by the federal government, the amount recoverable has not been captured due to the refusal of DPR and NEITI to provided requested information on the oil companies that have divested interests in the oil and gas sector. SERAP should proceed to compel the two agencies to supply the information so as to update the report.”

Falana also said, “Just yesterday, the NEITI disclosed that the NNPC and others have withheld the sum of $22.06bn and N481bn from the federation account. SERAP should collaborate with NEITI to collect the huge fund without any further delay. SERAP and the progressive extraction of the civil society must take special interest in the judgment of the Supreme Court which has ordered the federal government to recover 18-year lost revenue from oil giants under the Deepshore Offshore Inland Production Contract Act.”

According to Falana, “The minister of state in the ministry of petroleum resources, Dr. Ibe Kachukwu last year revealed that the amount not recovered was $60bn due to the non-implementation of the law. NIMASA, another agency of the government, has established that oil stolen and discharged in one port in the United States in 3 years has been valued at $12.7bn. So, if the said sum of over $94bn is paid into the federation account Nigeria does not have to go to China begging for loans for infrastructural development.”

“The report calls for massive advocacy and campaign “to force recovery of unpaid capital gains tax over the past 10 years from those who have not accounted for such after disposal of their interest in oil and gas assets.”

The report launch chaired by journalist Richard Akinnola was attended by Dr. Khadija Bellow-Kumo, Deputy Director Oil and Gas Department RAMFAC; Mrs Bimpe Balogun- Immediate past Chairperson of Nigerian Taxation Standard Board; Mr. AbdulMumin Abubakar, Unit Head Monitoring & Evaluation NEITI; and Mr Babatunde Sulaimon, Economic and Financial Crimes Commission (EFCC).

Others at the events are: Mr. Akaa AU the Independent Corrupt Practices and other Related Offences Commission (ICPC), Abuja; Mr. Oladele Timothy, ICPC Lagos; Mr. Japhet Udeani, ICPC Lagos; Mr. Adebayo Sunday, ICPC Lagos; members of the civil society, academic community, and the media.

All the participants promised to work to ensure the full implementation of the recommendations contained in the report.

The report read in part: “The value of the Nigerian asset is unknown as no capital gains tax returns were filed. In principle, using the size of the same asset disposed, this implies CGT revenue of US$1.5million. A review of the process showed that there was no communication between the DPR and the FIRS in ensuring that there is no revenue loss for the Country as a result of the divestments.”

“Enquiries with the FIRS disclosed that the statutory exemption of sale of shares from the Capital Gains Tax Act 2004 (as amended) has made it impossible to collect tax from the ConocoPhillips and Addax divestments even though the Sale and Purchase Agreement of the Addax transaction is yet to be finalised. This is a typical avenue for loss of revenue from CGT.”

“The Federal Ministry of Finance currently plays a totally passive role on this subject. The ministry should be at the center stage of the whole process and be able to evaluate possibly on annual basis the appropriateness of the CGT computed with a view to determining its adequacy. If the ministry is unable to do this, it should recommend appropriate amendment for legislative changes.”

“The report is also unable to confirm whether the Conoco/Phillips buy out was eligible for the exemption under section 32 of the Capital Gains Tax Act. This is because the Sales and Purchase Agreement supplied to the FIRS was unsigned, and there was none for the proposed Addax divestment.”

“Some companies pay a Capital Transfer Tax to DPR when obtaining approval for the transaction. It should, however, be noted that Capital Transfer Tax does not exist in Nigeria as it was repealed many years ago. There must not be a collection of a non-existent tax charge.”

“The FIRS should verify and confirm the claims by divesting company that the divestment is by a sale of shares. However, it would appear that the main document that could reveal the basis for the divestment, being the sale and purchase agreement, is yet to be provided by either of the parties, even after the deal has been concluded.”

“The ability of the Federal Government of Nigeria to adequately collect its fair share of tax from companies arising from disposal of oil and gas upstream assets is undermined, thereby reducing the potential revenue generation from the sale of assets in the upstream oil sector.”

“Capital gains tax should also be administered and managed transparently and accountably to reduce revenue loss and maximise government take from the oil and gas sector. The 30% rate on the capital gains realised on disposal being proposed under the National Petroleum Fiscal Policy Proposal (NPFP) document should be amended as a rate change in the CGT Act for the oil and gas sector only in the appropriate investment climate.”

http://serap-nigeria.org/how-failure-of-companies-to-pay-tax-is-fueling-poverty-in-nigeria-serap.ngo/

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Court grants SERAP leave to compel Fashola over ‘N900bn spent on power privatisation’



There is prospect Nigerians keen on knowing why the power sector reforms in the country have not yielded any tangible result and why the citizens continue to stay in darkness but still made to pay crazy electricity bills, despite the huge spending on the sector, may soon have some answers, as the Federal High Court in Ikoyi, Lagos today granted leave to Socio-Economic Rights and Accountability Project (SERAP) to seek its reliefs to compel the Minister of Power, Works and Housing Mr Babatunde Fashola SAN to account for the spending.


Hon. Justice C.J. Aneke granted SERAP leave as prayed to seek judicial review and order of mandamus to compel Mr Fashola over the “failure to account for the spending on the privatisation of the electricity sector and the exact amount of post-privatisation spending on generation companies (GENCOS), distribution companies (DISCOS) and Transmission Company of Nigeria to date, and to explain if such spending came from budgetary allocations or other sources.”


Justice Aneke granted the order for leave following the hearing of an argument in court on exparte motion by SERAP counsel Ms Bamisope Adeyanju. The Court also ruled that Mr Fashola be put on notice and adjourned the matter to Tuesday 20th November 2018 for mention.



It would be recalled that SERAP had in June sued Mr Fashola in suit number FHC/L/CS/972/18 at the Federal High Court seeking “an order for leave to apply for judicial review and an order of mandamus directing and/or compelling Mr Fashola to provide specific details on the privatization of the electricity sector, the names of all the companies and individuals involved; and to publish widely including on a dedicated website any such information.”


The suit followed SERAP’s Freedom of Information request dated 7 May 2018 to Mr Fashola giving him 14 days to provide “information on the status of implementation of the 25-year national energy development plan, and whether the Code of Ethics of the privatization process which bars staff of the Bureau of Public Enterprises (BPE) and members of the National Council on Privatization (NCP) from buying shares in companies being privatized were deliberately flouted.”


The suit read in part: “Most of the companies that won the bids had no prior experience in the power sector and little or no capacity at all to manage the sector. The privatization of the Power Holding Company of Nigeria (PHCN) have yielded the country total darkness. The gains of privatization have been lost through alleged corruption, manipulation of rules and disregard to extant laws and lack of transparency in the exercise.”



“The Goodluck Jonathan government reportedly spent over N400 billion on the power sector while the present government spent over N500 billion on the sector despite privatisation. It is unclear if this spending is drawn from budgetary allocations and if these are loans to generation companies (GENCOS), Distribution companies (DISCOS) and Transmission Company of Nigeria.”



“Publishing the information requested and making it widely available to the public would serve the public interest and provide insights relevant to the public debate on the ongoing efforts to prevent and combat a culture of mismanagement of public funds, corruption and impunity of perpetrators.”



“To further highlight the seriousness of the situation, several years after the country’s power sector was privatized, millions of Nigerian households particularly the socially and economically vulnerable sectors of the population continue to complain about outrageous bills for electricity not consumed, and poor power supply from distribution firms. Millions of Nigerians continue to be exploited through the use of patently illegal estimated billing by DISCOs. One wonders the essence of the privatization if there has been no corresponding improvement in power for Nigerians.”



“Enforcing the right to truth would allow Nigerians to gain access to information essential to the fight against corruption and provide a form of reparation to victims of grand corruption in the power sector. The UN Committee on Economic, Social and Cultural Rights in its General Comment 3 has implied that privatization process should not be detrimental to the effective realization of all human rights, including access to regular electricity supply.”



“SERAP has the right to request the information under contention on the basis of several provisions of the Freedom of Information (FOI) Act, 2011. By Section (1) of the FoI Act, SERAP is entitled as of right to request for or gain access to information, including information on post-privatization spending by the Federal Government and accounts of spending on the private entities such as GENCOS and DISCOS.”



The suit is seeking the following reliefs:



1. A DECLARATION that the failure of the Respondent to furnish the Applicant with information on specific details on the spending on the privatization of the electricity sector, the exact amount of post-privatization spending to date and the names of all the companies and individuals involved; as well as explain if such spending came from budgetary allocations or other sources is unlawful as it contradicts and in conflict with the obligations of the Respondent under the Freedom of Information Act 2011.



2. A DECLARATION that the failure of the Respondent to furnish the Applicant with information on the details of spending on and status of implementation of the twenty-five (25) year national energy development plan is unlawful as it contradicts and in conflict with the obligations of the Respondent under the Freedom of Information Act 2011.



3. A DECLARATION that the failure of the Respondent to clarify to the Applicant the degree of compliance with the Code of Ethics of the privatization process which bars staff of the Bureau of Public Enterprises (BPE) and members of the National Council on Privatization (NCP) from buying shares in companies being privatized is unlawful as it contradicts and in conflict with the obligations of the Respondent under the Freedom of Information Act 2011.



4. AN ORDER OF MANDAMUS directing and/or compelling the Respondent to furnish the Applicant with information on specific details of spending on the privatization of the electricity sector, the exact amount of post-privatization spending to date and the names of all the companies and individuals involved; as well as to explain if such spending came from budgetary allocations or other sources, and to publish widely including on a dedicated website any such information.



5. AN ORDER OF MANDAMUS directing and/or compelling the Respondent to furnish the Applicant with information on the details of spending and status of implementation of the twenty-five (25) year national energy development plan, and to publish widely including on a dedicated website any such information.



6. AN ORDER OF MANDAMUS directing and/or compelling the Respondent to clarify the degree of compliance with the Code of Ethics of the privatization process which bars staff of the Bureau of Public Enterprises (BPE) and members of the National Council on Privatization (NCP) from buying shares in companies being privatized.



“The privatization of power assets has already caused major crises, ranging from illiquidity, load rejection, metering problems, corrupt practices, lack of gas to power the stations, disinterestedness of investors, lack of injection of fresh capital after acquisition of financing, tariff interest, consumer apathy, foreign exchange hostilities, and a host of other sundry issues associated with it.”

http://serap-nigeria.org/court-grants-serap-leave-to-compel-fashola-over-n900bn-spent-on-power-privatisation.ngo/

The Minister of Water Resources Engr. Suleiman Adamu has finally fulfilled his promise to render account on spending on water projects across the country by providing Socio-Economic Rights and Accountability Project (SERAP) with detailed information on spending of billions of naira on 292 projects between 2010 and 2016.The documents were presented last week before the Federal High Court in Lagos.

Mr Adamu had in September asked the court to grant the Ministry more time within which to compile and furnish SERAP with information on the spending on water, and locations of specific projects, in view of the high volume of the information involved.

When the case up last Friday, the court asked the minister’s lawyer: “If SERAP is asking for information, why is your ministry not providing it?” Mr Adamu’s lawyer answered: “we have just furnished SERAP with the information they requested.” The court welcomed the action by the ministry of water resources, and said that the ministry of agriculture too should give SERAP the information requested rather than coming to court.

SERAP deputy director Timothy Adewale said, “We are studying the large documents on spending on several water projects, with some completed but also several more uncompleted. Our team is analysing the total project sums, comparing the amounts spent on projects. We will publish the full information together with our analysis on our website and social media platforms shortly. We are now sharing the information on just 19 of the 292 projects, with summaries of some of the amounts spent. We have also set up a verification team to check the status of projects against the total amounts reportedly spent.”

SERAP also said: “We welcome Mr Adamu’s demonstrated commitment to the Freedom of Information Act. He is our Public Defender Number 1 of the FOI. We call on the Minister of Agriculture and Rural Development, Mr. Audu Ogbeh to emulate Mr Adamu by immediately releasing information on spending in his ministry, as stated by the court. The National Assembly, ministries, agencies and departments should also learn from the good example shown by Mr Adamu by honouring and respecting the FOI Act, and thereby contributing to the efforts to achieve greater level of transparency and accountability in Nigeria.”

The cover letter, together with a bundle of documents presented in open court and signed on Mr Adamu’s behalf by P.C. Mbam, Acting Director (Legal), with reference number FMWR/LU/S/401, read in part: “I have been directed to forward to SERAP the attached information you requested under the Freedom of Information Act 2011 from the Minister of Water Resources.”

The documents reveal spending on 292 projects in several parts of Nigeria between 2010 and 2016.

The documents read in part: “out of the N2,000,000,000.00 of the total project sum for assisted small town water supply and sanitation programme in Adamawa, Delta and Ekiti states, N20,537,667.00 was appropriated and reportedly spent in 2011. N30,000,000.00 was appropriate and spent in 2012; N150,000,000.00 was appropriated and spent in 2013; N110,000,000.00 was appropriated and spent in 2014; N11,764,706.00 was appropriated and spent in 2015; and N60,000,000.00 was appropriated and spent in 2016.”

“The total project sum to construct Otor-Iyede water supply in Isoko North local government, Delta State was N489,169,002.26. However, the project was stated to be only 30% completed; with zero appropriation and spending for 2010; 2011; 2012; 2013; 2014 and 2015. But N50,000,000.00 was appropriated and spent on the project in 2016.”

“Both the rehabilitation/upgrading of Kafin Hausa water supply scheme in Kafin Hausa local government area of Jigawa state with total project sum of N91,340,065.53; and the improvement of water supply in major towns in Kaugama local government area of Jigawa state with total project sum of N42,278,610.00 were said to be 100% completed. For the Kafin project, N100,000,000.00 was appropriated but only N82,886,174.95 was spent in 2016. While N250,000,000.00 was appropriated for 2016 for the Kaugama project, only N38,435,100.00 was spent.”

“Improvement of water supply in major towns of Malam Madori/Kaugama; Kirikasanma/Kaugama/M. Madori; Kaugama; and Auyo local government areas of Jigawa state with total project sums of N40,372,750.00, N42,323,600.00, N65,221,114.99, and N44,542,102.00, respectively, and the projects were said to be 100% completed. The construction of 11 number of handpump boreholes in Hagejia West Senatorial District of M. Madori/Kaugama local government of Jigawa state with total project sum of N15,331.299.09 was also said to be 100% completed.”

“Both the drilling of 4 number of solar/motorized boreholes in Birnin Kebbi/Kalgo/Bunza, Kebii state with total project sum of N45,095,803.65 and the drilling of 4 number of boreholes, installation of treatment plant, storage tanks and limited reticulation for Oji River regional water supply with total project sum of N45,803,361.41 were said to be 100% completed.”

“Construction of solar powered motorised borehole scheme with tanks and water collection points in 43 wards of Kauran Namoda, Zamfara state with total project sum of N44,011,662.07 was said to be 100% completed. However, only N40,213,480.00 was spent in 2011. Also, similar project for additional 15 wards in the state with total project sum of N44,011,662.07 was said to be 100% completed; but only N42,754,001.00 of that sum was reportedly spent in 2011. The same project in 4 wards of Maru local government area of Zamfara state with total project sum of N27,089,990.06 was also said to be 100% completed. But only N26,838,932.35 of that sum was spent in 2011.”

“Of the total project sum of N21,788,555.87 meant to construct solar powered motorised borehole scheme with tanks and water collection points at the Usman Danfodio University, Sokoto, only N18,268,283.00 was said to be spent in 2011 and the project 100% completed. No further spending indicated for 2012, 2013, 2014, 2015 and 2016. Also, similar water project in Ishiagu town, Ebonyi state had N25,365,928.94 but only N21,561,045.60 of that total project sum was spent in 2011, with no spending reported for 2012, 2013, 2014, 2015 and 2016.”

“Construction of solar powered borehole in Kwakuti BI-water palkoro local government area of Niger state had N3,200,000.00 as total project sum and was said to be 100% completed. But only N2,950,000.00 was reportedly spent in 2012. There was no further spending for between 2013-2016. Similar water project in Magajiya Suleja with total project sum of N3,200,000.00 was also said to be 100% completed; however, only N2,950,000.00 was spent on the project in 2012, with no further spending reported for 2013-2016. N3,200,000.01 was budgeted and spent in 2012 on construction of solar powered boreholes in Katambo bologi village of Edoti Iga, Niger State. However, the project was said to be only 50% completed.”

“N9,600.000.00 was said to be spent on similar project in Rasat, fan and Gashish B/Ladi, Plateau state in 2012, with status of 100% completed. N9,600,00.00 was spent on the construction of 3 solar powered boreholes in the Helpang (Lolo Pwo-mol) area of the state.”


http://serap-nigeria.org/we-spent-billions-on-292-water-projects-in-7-years-minister-tells-serap-in-court.ngo/

TV Presenters/ Reporters are needed at a digital media firm in Lagos, Nigeria.

Applicants must have excellent verbal skills and proper diction in both Yoruba and English languages.

Corps members resident in Lagos can as well apply.

Location: Lagos .

How To Apply

Forward your resume with an attached recent photograph via mail to 79thmedia@gmail.com

TV Presenters/ Reporters are needed as interns at a digital media firm in Lagos, Nigeria.

Applicants must have excellent verbal skills and proper diction in both Yoruba and English languages.

Corps members resident in Lagos can as well apply.

Location: Lagos .

How To Apply

Forward your resume with an attached recent photograph via mail to 79thmedia@gmail.com

SERAP accuses Oyo gov Ajimobi of executive rascality over demolition of Ayefele’s Fresh FM



Socio-Economic Rights and Accountability Project (SERAP) has accused the Governor of Oyo State Senator Abiola Ajimobi of executive rascality and strongly condemned “the unlawful demolition of Fresh FM building owned by Yinka Ayefele, and the forced evictions of residents by the Oyo State government”, describing it as a “grave violation of fundamental human rights and contrary to international law.”

The Oyo State Government early on Sunday morning stormed the Music House belonging to artiste, Yinka Ayefele. Government bulldozers arrived the Challenge area of Ibadan where the building was located and pulled it down, despite pending court action to stop the demolition. Ayefele had sued Oyo State government, and the court had ruled that ‘there are serious issues to be determined, and adjourned the case to August 20. The Oyo State government had been duly served.

SERAP in a statement today signed by its deputy director Timothy Adewale said, “This is a gross abuse of powers by the Oyo State government and governor Ajimobi against a radio station simply doing their job. The action is politically motivated, patently arbitrary and entirely inconsistent with international human rights standards and national laws. The action amounts to executive rascality and seriously undermines the integrity and authority of our courts. This kind of action has no place in a democratic society that is based on the rule of law.”

The organization said “the destruction of a radio station on the grounds that the Oyo state government dislikes their work is a textbook case of repression of media freedom and violation of the right to adequate housing. The authorities must immediately stop the demolition, ensure appropriate repairs of the building and adequate compensation, and guarantee of non-repetition. SERAP will challenge this violent and reckless destruction of Ayefele’s Fresh FM in court.”

The statement read in part: “The Oyo State government has not only engaged in forced eviction but also violated the right to adequate housing, the right to freedom of expression and media freedom.”

“It is the obligation of Oyo State government to ensure that Ayefele and everyone affected by this act of illegality is adequately compensated for the property of Fresh FM that has been demolished.”

“Nigeria is a state party to the International Covenant on Economic, Social and Cultural Rights which requires Oyo State government to refrain from arbitrary forced evictions and arbitrary destruction of resources that individuals and families have invested in building their homes.”

“Nigeria has also ratified the International Covenant on Civil and Political Rights, which protects individuals from arbitrary or unlawful interference with his privacy, family, home or correspondence, and guarantees everyone the right to the protection of the law against such interference or attack.”

“In its "Resolution on Forced Evictions," the U.N. Commission on Human Rights affirmed that forced evictions constitute a gross violation of human rights. The term "forced eviction" is defined for the purposes of international law as the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection.”

“It is important to note that international standards focus on protecting individuals who occupy homes and land and do not depend on any particular form of ownership title to the land or house, nor on the legality of the occupancy.”

http://serap-nigeria.org/serap-accuses-oyo-gov-ajimobi-of-executive-rascality-over-demolition-of-ayefeles-fresh-fm.ngo/

Socio-Economic Rights and Accountability Project (SERAP) has sent a Freedom of Information request to Brigadier-General Sule Kazaure, Director-General of the National Youth Service Corps (NYSC) asking him to use his good offices and leadership position to “urgently provide information on specific details and documents on the Exemption Certificate granted to the Minister of Finance, Mrs. Kemi Adeosun.”

The organization also asked General Kazaure “to provide information and documents on whether Mrs Adeosun applied for NYSC Exemption Certificate, and if she did, to clarify whether the NYSC actually granted her the Exemption Certificate, the circumstances and the provisions of the NYSC Act under which the Exemption Certificate was granted.”

The organization said it “needs the information to determine if the crime of forgery has been committed, and if so, to consider possible action in the circumstances, including but not limited to asking the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami SAN to pursue prosecution or in the absence of that, for us to consider the option of a private prosecution.”

In the FOI request dated 2 August 2018 and signed by SERAP deputy director Timothy Adewale, the organization said, “By providing information and documents on the Exemption Certificate, the NYSC would help put an end to any insinuation of complicity and show that the institution can embrace transparency and accountability in the discharge of its statutory mandates. This would in turn contribute to improved integrity and public image of the NYSC.”

According to the organization, “Mrs Adeosun remains innocent until the allegations against her are properly tested and proven beyond a reasonable doubt in a court of competent jurisdiction based on relevant admissible evidence. But the continuing silence by the NYSC management on the matter may create an impression that an offence may have been committed, and lead to accusation that the management has something to hide.”

The letter read in part: “We urge you and the entire NYSC management and leadership to open-up on the matter and provide information and documents as requested. This will be one step in the right direction. If the information is not provided to us within 7 days of the receipt and/or publication of this letter, the Registered Trustees of SERAP shall take all appropriate legal actions under the Freedom of Information Act to compel you to comply with our request.”

“SERAP is concerned about the perceived lack of transparency and accountability of the NYSC management and leadership in this matter, which has seriously undermined public trust and confidence in the NYSC as a public institution established to serve the public interests.”

“SERAP notes that following allegations of NYSC Exemption Certificate forgery against Mrs Adeosun, the NYSC management issued a statement confirming that she did apply for an Exemption Certificate and promising to ‘investigate the origin of the purported Exemption Certificate in question.’”

“However, we are concerned that the statement lacks specificity as to whether Mrs Adeosun was issued the Exemption Certificate. Further, although the statement was issued on 9 July 2018, the NYSC management has so far failed and/or neglected to publish the outcome of the investigation it promised. Nigerians are also entitled to the right to truth derived from the obligations of the government and its institutions to carry out an investigation into allegations of issues like forgery that have been levelled against Mrs Adeosun.”

“By Section 1 (1) of the Freedom of Information (FOI) Act 2011, SERAP is entitled as of right to request for or gain access to information, including information on the circumstances and the provisions of the NYSC Act under which any NYSC Exemption Certificate was granted to Mrs Adeosun.”

“By Section 4 (a) of the FOI Act when a person makes a request for information from a public official, institution or agency, the public official, institution or urgency to whom the application is directed is under a binding legal obligation to provide the applicant with the information requested for, except as otherwise provided by the Act, within 7 days after the application is received.”

“By Sections 2(3)(d)(V) & (4) of the FOI Act, there is a binding legal duty to ensure that documents containing information relating to the granting of any NYSC Exemption Certificate are widely disseminated and made readily available to members of the public through various means. The information being requested does not come within the purview of the types of information exempted from disclosure by the provisions of the FOI Act. The information requested for bothers on an issue of national interest, public concern, good governance, transparency and accountability.”