Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Senate President, Dr Ahmad Lawan and Speaker of House of Representatives, Mr Femi Gbajabiamila over “their failure to probe, and to refer to appropriate anti-corruption agencies fresh allegations that N4.1bn of public money budgeted for the National Assembly is missing, misappropriated or stolen.”

The suit followed the publication of the annual audited report for 2016 in which the Auditor-General of the Federation raised “concerns about alleged diversion and misappropriation of public funds and sought the recovery of any missing funds.”

In the suit number FHC/ABJ/CS/1609/2021 filed at the Federal High Court in Abuja, SERAP is seeking: “an order of mandamus to direct and compel Dr Lawan and Mr Gbajabiamila to perform their constitutional oversight functions to promptly probe the allegations that fresh N4.1bn budgeted for the National Assembly may be missing.”

In the suit, SERAP is arguing that “the National Assembly has legal and constitutional duties to prevent and combat corruption, as well as promote transparency and accountability in the management of public resources.”

According to SERAP: “The National Assembly can only effectively perform its anti-corruption role if it can demonstrate exemplary leadership to probe the allegations of corruption and mismanagement involving the legislative body.”

SERAP is also arguing that, “transparency and accountability in the management of public resources and wealth is essential for promoting development, people’s welfare and well-being, and their access to basic public services, as well as good governance and the rule of law.”

SERAP is arguing that, “The failure of the National Assembly to promptly and thoroughly investigate, and to refer to appropriate anti-corruption agencies the allegations documented in the annual audited report for 2016 is a fundamental breach of the oversight and public interest duties imposed on the legislative body.”

According to SERAP, “The National Assembly has no legally justifiable reason to refuse to investigate the allegations documented by the Office of the Auditor-General of the Federation.”

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Kehinde Oyewumi, read in part: “Granting this application would serve the interest of justice, reduce corruption and mismanagement, as well as end impunity of perpetrators, and advance the fundamental human rights of Nigerians.”

“This suit seeks to vindicate the rule of law, the public interest, and to promote transparency and accountability. Government agencies and institutions are responsible to a court of justice for the lawfulness of what they do, and of that the court is the only judge.”

SERAP had last year sent a letter to Dr Lawan and Mr Gbajabiamila requesting them to “use their good offices to urgently probe and refer to appropriate anti-corruption agencies allegations that fresh allegations of missing N4.1bn of public money.”

The letter, read in part: “these fresh allegations are not part of the disclosure by the Auditor-General in the audited reports for 2015, 2017 and 2018 that N4.4 billion of National Assembly money is missing, misappropriated or stolen.”

“According to the Auditor-General report for 2016, N4,144,706,602.68 of National Assembly money is missing, diverted or stolen. The National Assembly paid some contractors N417,312,538.79 without any documents. The Auditor-General wants the Clerk to the National Assembly to ‘recover the amount in question from the contractors.’”

“The National Assembly reportedly spent N625,000,000.00 through its Constitution Review Committee between March and June 2016 but without any document. The Auditor-General wants the Clerk to the National Assembly to ‘recover the amount from the Committee.’”

“The National Assembly also reportedly spent N66,713,355.08 as ‘personnel cost’ but ‘the payees in the Cashbook did not correspond with those in the Bank Statement’. The Auditor-General wants ‘the irregular expenditure recovered from the officer who approved the payments.’”

“The National Assembly also reportedly paid N116,162,522.60 to some contractors between April and June, 2016 without any document. The National Assembly deducted N56,985,568.55 from various contract payments in respect of Withholding Tax and Value Added Tax but without any evidence of remittance.”

“The National Assembly also reportedly paid N126,264,320.00 as cash advances to 11 staff members between March and December, 2016 to procure goods and services but failed to remit the money.”

“The Senate reportedly paid N747,286,680.00 as personal advances to staff members between February and December, 2016 for various procurements and services but failed to retire the money. The Senate also deducted N118,625,057.48 as Withholding and Value Added Taxes but failed to show any evidence of remittance to the Federal Inland Revenue Service.”

“The Senate also spent N109,007,179.73 from the Capital Expenditure vote but without any document.”

“The House of Representatives reportedly deducted N821,564,296.48 from staff salaries but failed to remit the money to tax authorities. The House also paid N254,059,513.70 as advances to staff members to procure goods and services between January and December, 2016 but failed to retire the money.”

“The National Institute for Legislative Studies reportedly spent N375,867,000.00 to buy 11 motor vehicles in April 2016. But the Institute also paid the same contractor N36,610,000.00 in September 2016 under the same contract without approval.”

“The Institute also reportedly paid N10,927,768.80 to 7 members of staff who were redeployed from the National Assembly to provide specialized services but without details about the staff paid, and without any justification.”

“The National Assembly Service Commission reportedly approved N109,995,400.00 to train some officers in Dubai, United Arab Emirates but spent N127,629,600.00 as Estacode Allowances to participants, and fees for two consultants engaged for the training. The Commission also spent N9,975,000.00 as course fees for 34 officers but it also paid a consultant N4,987,500.00 for the same course fees.”

“The Legislative Aides Section earned N12,274,587.77 as interests on Bank accounts in a commercial bank between January and December 2016 but failed to remit the money to the Consolidated Revenue Fund.”

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

Socio-Economic Rights and Accountability Project (SERAP) has urged the Senate President Dr Ahmad Lawan, and Speaker of House of Representatives Mr Femi Gbajabiamila to reject the fresh request by President Muhammadu Buhari to borrow $4 billion and €710 million until the publication of details of spending of all loans obtained since May 29, 2015 by the government.”

President Buhari recently sought the approval of the National Assembly to borrow $4,054,476,863 billion and €710 million, on the grounds of “emerging needs.” The request was contained in a letter dated 24 August, 2021.

In an open letter dated 18 September 2021, and signed by SERAP deputy director Kolawole Oluwadare, the organization expressed “concerns about the growing debt crisis, the lack of transparency and accountability in the spending of loans that have been obtained, and the perceived unwillingness or inability of the National Assembly to vigorously exercise its constitutional duties to check the apparently indiscriminate borrowing by the government.”

SERAP said: “The National Assembly should not allow the government to accumulate unsustainable levels of debt, and use the country’s scarce resources for staggering and crippling debt service payments rather than for improved access of poor and vulnerable Nigerians to basic public services and human rights.”

According to SERAP, “Accumulation of excessive debts and unsustainable debt-servicing are inconsistent with the government’s international obligations to use the country’s maximum available resources to achieve progressively the realisation of economic and social rights, and access of Nigerians to basic public services.”

The letter, read in part: “The country’s public debt has mushroomed with no end in sight. The growing national debt is clearly not sustainable. There has been no serious attempt by the government to cut the cost of governance. The leadership of the National Assembly ought to stand up for Nigerians by asserting the body’s constitutional powers to ensure limits on national debt and deficits.”

“SERAP urges you to urgently propose a resolution and push for constitutional amendment on debt limit, with the intent of reducing national debt and deficits. This recommendation is entirely consistent with the constitutional oversight functions and spending powers of the National Assembly, and the country’s international anti-corruption and human rights obligations.”

“Indiscriminate borrowing has an effect on the full enjoyment of Nigerians’ economic and social rights. Spending large portion of the country’s yearly budget to service debts has limited the ability of the government to ensure access of poor and vulnerable Nigerians to minimal health care, education, clean water, and other human needs.”

“Should the National Assembly and its leadership fail to rein in government borrowing, and to ensure transparency and accountability in the spending of public loans, SERAP would consider appropriate legal action to compel the National Assembly to discharge its constitutional duties.”

“The National Assembly under your leadership has a constitutional responsibility to urgently address the country’s debt crisis, which is exacerbated by overspending on lavish allowances for high-ranking public officials, lack of transparency and accountability, as well as the absence of political will to recover trillions of naira reported to be missing or mismanaged by the Office of the Auditor-General of the Federation.”

“The National Assembly should stop the government from borrowing behind the people's backs. Lack of information about details of specific projects on which loans are spent, and on loan conditions creates incentives for corruption, and limits citizens’ ability to scrutinise the legality and consistency of loans with the Nigerian Constitution of 1999 (as amended), as well as to hold authorities to account.”

“SERAP notes that if approved, the country’s debts will exceed N35 trillion. The government is also reportedly pushing the maturity of currently-secured loans to between 10 and 30 years. N11.679 trillion is reportedly committed into debt servicing, while only N8.31 trillion was expended on capital/development expenditure between 2015 and 2020.”

“Ensuring transparency and accountability in the spending of loans by the government and cutting the cost of governance would address the onerous debt servicing, and improve the ability of the government to meet the country’s international obligations to use maximum available resources to ensure the enjoyment of basic economic and social rights, such as quality healthcare and education.”

The letter was copied to chairmen of the Public Accounts Committees of the National Assembly.

Socio-Economic Rights and Accountability Project (SERAP) and Centre for Journalism Innovation and Development have filed a lawsuit against President Muhammadu Buhari and Mr Lai Mohammed, Minister of Information and Culture, asking the court to “declare illegal the gag order stopping journalists and broadcast stations from reporting details of terrorist attacks and victims, as the order violates media freedom, and Nigerians’ freedom of expression and access to information.”

Joined in the suit as Defendant is the National Broadcasting Commission (NBC).

The suit followed the directive by the NBC asking journalists, television and radio stations in Nigeria to stop “glamourising and giving too many details on the nefarious activities of terrorists and kidnappers” during their daily newspaper reviews.

In the suit number FHC/ABJ/CS/725/2021 filed last Friday, SERAP and PTCIJ are seeking: “an order of perpetual injunction restraining the government of President Buhari, the NBC, and Mr Lai Muhammed or any other persons from imposing fines or other sanctions on broadcast stations for carrying out their constitutional duties of reporting details of terrorist attacks and victims during daily newspaper reviews.”

In the suit, SERAP and PTCIJ are seeking “an order to compel and direct the NBC and Mr Lai Muhammed to withdraw the directive asking journalists and broadcast stations to stop reporting details on terrorist attacks and victims, as the directive is unlawful and inconsistent with the Nigerian Constitution of 1999 [as amended], and the country’s international human rights obligations.”

SERAP and PTCIJ are also seeking “an order setting aside the directive on reporting of terrorist attacks and victims, for being inconsistent and incompatible with sections 22 and 39 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.”

According to SERAP: “Unless the reliefs sought are urgently granted by this Honourable Court, the directive by the NBC and Mr Lai Muhammed would be used to impermissibly restrict Nigerians’ rights to freedom of expression, access to information, media freedom, and victims’ right to justice and effective remedies.”

SERAP and PTCIJ are arguing that “the failure by the government of President Buhari to direct the NBC to withdraw its directive on reporting of terrorist attacks and victims violates sections 5[a] and [b], 147 and 148 of the Nigerian Constitution, Code of Conduct for Public Officers [Fifth Schedule Part 1], and Oath of office [Seventh Schedule] of the Constitution.”

SERAP and PTCIJ are also seeking “a declaration that sections 5.4.1[f] and 5.4.3 of the National Broadcasting Code and their application to the daily review of newspaper headlines by broadcast stations are inconsistent with sections 22 and 39 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.”

According to SERAP and PTCIJ: “The NBC directive fails to establish a direct and immediate connection between the reporting by broadcast stations and purported risks to national security and peace. The NBC is using ‘national security’ as a pretext to intimidate and harass journalists and broadcast stations, and to violate Nigerians’ rights to freedom of expression and access to information.”

SERAP and PTCIJ are also arguing that: “Factual reporting on the growing violence in some parts of Nigeria is a matter of public interest. National security considerations should be limited in application to situations in which the interest of the whole nation is at stake, which would thereby exclude restrictions in the sole interest of a government, regime, or power group.”

The suit filed on behalf of SERAP and PTCIJ by their lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “The NBC and Mr Lai Muhammed lack the power and authority to restrict the ability of journalists and broadcast stations to carry out their constitutional duties and to unlawfully impose penalty such as fines and other sanctions on any journalists and broadcast stations for reporting on details of terrorist attacks and victims in the country.”

“SERAP and PTCIJ together with several millions of Nigerians easily access information, news and form opinions on government policies through the daily newspaper reviews by journalists and broadcast stations in Nigeria.”

“While the NBC has the powers to make rules to enable it perform its statutory functions under section 2[1] [a] to [u] of NBC Act, such statutory powers ought to be exercised in line with the Nigerian Constitution, and the country’s international human rights obligations.”

“The pertinent questions that arise from the directive are: Who determines what would amount to ‘too many details’, ‘glamourising’, ‘divisive rhetoric’, and ‘security issues’ during the daily review of newspaper headlines? What constitutes ‘divisive materials’ during the daily review of newspaper headlines by journalists and broadcast stations?”

“In law, a regulation that is vague and loose in its scope cannot be used to take away constitutionally and internationally recognized human rights to freedom of expression, access to information, and media freedom.”

“The interference with the constitutional and legal duties of journalists and broadcast stations cannot be justified, as Nigerian authorities have failed to show that reporting of terrorist attacks and victims would impose a specific risk of harm to a legitimate State interest that outweighs the public’s interest in such information.”

“The Constitution is the grundnorm and the fundamental law of the land. All other legislations in this country take their hierarchy from the provisions of the Constitution. It is not a mere common legal document.”

“The Courts as the veritable agency for the protection and preservation of rule of law should ensure that persons and institutions operate within the defined ambit of constitutional and statutory limitations.”

“Where agencies of government are allowed to operate at large and at their whims and caprices in the guise of performing their statutory duties, the end result will be anarchy, licentiousness, authoritarianism and brigandage leading to the loss of the much cherished and constitutionally guaranteed freedom and liberty.”

No date has been fixed for the hearing of the application for interim injunction, and the substantive suit.

Socio-Economic Rights and Accountability Project (SERAP) has asked the Federal High Court in Abuja “to order the Revenue Mobilization Allocation and Fiscal Commission (RMAFC) and the National Salaries, Incomes and Wages Commission (NSIWC) to perform their statutory functions to review downward the remuneration and allowances of President Muhammadu Buhari, Vice-President Yemi Osinbajo, 36 governors and members of the National Assembly.”

SERAP is arguing that “slashing jumbo pay for these high-ranking political office-holders would reduce the unfair pay disparity between political officer holders and judicial officers, address the persistent poor treatment of judges, and improve access of victims of corruption to justice and effective remedies.”

In the suit number FHC/ABJ/CS/658/2021 filed last Friday, SERAP is seeking: “an order of mandamus to direct and compel the RMAFC to send its downward review of the remuneration and allowances of these high-ranking public office holders and recommendations to the National Assembly for appropriate remedial and legislative action, as provided for by the Nigerian Constitution 1999 [as amended].”

SERAP is also seeking “an order of mandamus to direct and compel the RMAFC to perform its mandatory constitutional duty to urgently review upward the remuneration, salaries and allowances, as well as the conditions of service for Nigerian judges.”

Joined in the suit as Respondents are Senate President, Ahmad Lawan; Speaker of House of Representatives, Femi Gbajabiamila, for themselves, and on behalf of all members of the Senate and House of Representative; and the National Judicial Council.

SERAP is arguing that: “While high-ranking political office-holders continue to enjoy lavish allowances, including life pensions, and access to security votes, which they have powers to spend as they wish, the remuneration and allowances of judges are grossly insufficient to enable them to maintain themselves and their families in reasonable comfort.”

According to SERAP: “The huge pay disparity between these high-ranking political officer-holders and judges is unfair, unjust and discriminatory, especially given the roles of judges to the people and the country.”

SERAP is also seeking “an order of mandamus to direct and compel NSIWC to perform its mandatory legal duty to urgently examine, streamline and recommend upward remuneration and allowances of Nigerian judges, and to recommend downward review of allowances of President Buhari, Vice-President Osinbajo, 36 governors and lawmakers to the National Assembly.”

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Adelanke Aremo, read in part: “the remuneration and allowances of judges have fallen substantially behind the average salaries and allowances of high-ranking political office-holders such as President, Vice-President, governors and lawmakers.”

“While government reviewed upward the salaries and allowances of political office holders on four occasions between May 1999 and March 2011, the salaries and allowances of judicial officers were only reviewed twice during the same period.”

“The review of the remuneration, allowances, and conditions of service for political, public and judicial office holders carried out by the RMAFC in 2009 shows huge disparity between the remuneration and allowances of judges and those of high-ranking political office-holders.”

“The NSIWC in a letter to SERAP admitted that it has powers to examine, streamline and recommend the salary scales applicable to each post in the public service but informed us to redirect our request to the RMAFC.”

“There is a legal duty upon the RMAFC to urgently review downward the remuneration and allowances of high-ranking political office-holders.”

The rather unfair treatment of members of the judiciary – being one of the three coordinate branches of the government – is akin to contempt. It can be reasonably inferred that the judiciary are considered so unimportant by the political class, hence the refusal to pay them reasonable remuneration and allowances.”

“Judges should get all to which they are reasonably entitled, and it is unfair, illegal, unconstitutional, and discriminatory to continue to treat judges as second-class people while high-ranking political office-holders continue to enjoy lavish salaries and allowances.”

“Despite their important roles and responsibilities, Nigerian judges are poorly treated, particularly when their remuneration, salaries, allowances, and conditions of service are compared with that of political office-holders. Judges should not have to endure the most poignant financial worries.”

“The increase in the cost of living and the injustice of inadequate salaries bears heavily on judges, as it undermines their ability to effectively perform their judicial functions.”

“The roles and functions performed by judges across the country are second to none in their importance, including in facilitating access of victims of corruption and human rights violations to justice and effective remedies.”

“As a safeguard of judicial independence, the budget of the judiciary ought to be prepared in collaboration with the judiciary having regard to the peculiar needs and requirements of judicial administration.”

“The remuneration and pensions of judges must be secured by law at an adequate level that is consistent with their status and is sufficient to safeguard against conflict of interest and corruption.”

“Nigerians would continue to bear the brunt of denied access to justice, a better judiciary and a better administration of justice until judges across the country are paid what they rightly deserve.”

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

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit, asking the court “to compel President Muhammadu Buhari to disclose spending details of the overdrafts and loans obtained from the Central Bank of Nigeria (CBN) since May 29, 2015 including the projects on which the overdrafts have been spent, and repayments of all overdrafts to date.”

SERAP is also seeking an order to compel the president to “explain and clarify whether the $25bn (N9.7trn) overdraft reportedly obtained from the CBN is within the five-percent limit of the actual revenue of the government for 2020.”

The suit followed SERAP’s Freedom of Information (FoI) request to President Buhari, stating that: “Disclosing details of overdrafts and repayments would enable Nigerians to hold the government to account for its fiscal management and ensure that public funds are not mismanaged or diverted.”

In the suit number FHC/ABJ/CS/559/2021 filed last week at the Federal High Court, Abuja, SERAP is also seeking: “an order directing and compelling President Buhari to disclose details of overdrafts taken from the CBN by successive governments between 1999 and 2015.”

In the suit, SERAP is arguing that: “Secrecy and the lack of public scrutiny of the details of CBN overdrafts and repayments is antithetical to the public interest, the common good, the country’s international legal obligations, and a fundamental breach of constitutional oath of office.”

Joined in the suit as respondents are the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN; the Minister of Finance, Budget and National Planning, Zainab Ahmed; and the Governor of CBN, Godwin Emefiele.

SERAP is also arguing that: “Ensuring transparency and accountability in the spending of CBN overdrafts and loans would promote prudence in debt management, reduce any risks of corruption and mismanagement, and help the government to avoid the pitfalls of excessive debt.”

According to SERAP: “By the combined reading of the Constitution of Nigeria 1999 (as amended), the Freedom of Information Act, the UN Convention against Corruption, and the African Charter on Human and Peoples’ Rights, there are transparency obligations imposed on the government to disclose information to the public concerning details of CBN overdrafts, loans and repayments to date.”

SERAP is also arguing that: “The Nigerian Constitution, Freedom of Information Act, and these treaties rest on the basic principle that citizens should have access to information regarding their government's activities.”

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Adelanke Aremo, read in part: “Transparency and accountability in the spending of CBN overdrafts would also ensure that public funds are properly spent, reduce the level of public debt, and improve the ability of the government to invest in essential public goods and services, such as quality education, healthcare, and clean water.”

“It is the primary responsibility of the government to ensure public access to these services in order to lift millions of Nigerians out of poverty and to achieve the Sustainable Development Goals by 2030.”

“Transparency and accountability in the spending of CBN overdrafts and loans would also improve the ability of the government to effectively respond to the COVID-19 crisis. This means that the government would not have to choose between saving lives or making debt payments.”

“The recent overdraft of $25.6bn (about N9.7trn) reportedly obtained from the CBN would appear to be above the five-percent limit of the actual revenue of the Federal Government for 2020, that is, N3.9trn, prescribed by Section 38(2) of the CBN Act 2007. SERAP notes that five-percent of N3.9trn is N197bn.”

“While Section 38(1) of the CBN Act allows the Bank to grant overdrafts to the Federal Government to address any temporary deficiency of budget revenue, sub-section 2 provides that any outstanding overdraft ‘shall not exceed five-percent of the previous year’s actual revenue of the Federal Government.’”

“Similarly, Section 38(3) requires all overdrafts to ‘be repaid as soon as possible and by the end of the financial year in which the overdrafts are granted.’”

“The CBN is prohibited from granting any further overdrafts until all outstanding overdrafts have been fully repaid. Under the CBN Act, ‘no repayment shall take the form of a promising note or such other promise to pay at a future date, treasury bills, bonds or other forms of security which is required to be underwritten by the Bank.’”

“Similarly, the Fiscal Responsibility Act provides in section 41 that the government ‘shall only borrow for capital expenditure and human development.’ Under the Act, the government ‘shall ensure that the level of public debt as a proportion of national income is held at a sustainable level.’”

“Section 44 of the Fiscal Responsibility Act requires the government to specify the purpose of any borrowing, which must be applied towards capital expenditures, and to carry out cost-benefit analysis, including the economic and social benefits of any borrowing. Any borrowing should serve the public good, and be guided by human rights principles.”

“SERAP has consistently recommended to the Federal Government to reduce its level of borrowing and to look at other options of how to finance its budget, such as reducing the costs of governance, and addressing systemic and widespread corruption in ministries, departments and agencies (MDAs) that have been documented by the Office of the Auditor-General of the Federation.”

“Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution; the Freedom of Information Act; the Fiscal Responsibility Act; the Central Bank Act; the Debt Management Office Act; and the country’s international legal obligations.”

“There is a statutory obligation on the respondents, being public officers in their respective public offices, to proactively keep, organize and maintain all information or records about CBN overdrafts, loans, and repayments in a manner that facilitates public access to such information or records.”

“Mandamus lies to secure the performance of a public duty in the performance in which the applicant has a sufficient legal interest.”

“Unless the reliefs sought by SERAP are granted, the respondents will not provide SERAP with the information requested and will continue to be in breach of their constitutional responsibilities and the country’s international legal obligations and commitments.”

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

Socio-Economic Rights and Accountability Project (SERAP) has condemned “the patently unlawful and unconstitutional directive by the National Broadcasting Commission (NBC) to all broadcast stations in the country to suspend the patronage of Twitter with immediate effect.”

The NBC had reportedly stated that the decision followed the suspension of Twitter operations in Nigeria by the Federal Government over purported use of the platform for “activities that are capable of undermining the corporate existence of Nigeria.”

But SERAP in a statement today by its deputy director Kolawole Oluwadare stated: “This directive by the NBC is itself unlawful because it is based on another unlawful decision by the Federal Government to suspend Twitter in Nigeria. The NBC’s directive has political interference written all over it. It is a blow to Nigerians’ rights to freedom of expression, media freedom, media independence and diversity. The directive must be immediately withdrawn.”

The statement, read in part: “Freedom of expression is a fundamental human right. This action by the NBC is yet another nail in the coffin for human rights, media freedom and independent journalism under this government.”

“The Office of the UN High Commissioner for Human Rights should publicly and vigorously express concerns over the Nigerian government’s increasingly brutal crackdown on media freedom, and use all possible means to urge the government of President Muhammadu Buhari to protect and respect freedom of expression.”

“The international community should stand with the broadcast stations and journalists and make clear to the Nigerian government that freedom of expression, media freedom, transparency and accountability, as well as respect for the rule of law are essential to democracy.”

“The UN and donors should continue to take every opportunity to call on the Nigerian government to rescind the unlawful suspension of Twitter in Nigeria, respect freedom of expression, and media freedom, and hold to account anyone targeting broadcast stations and journalists simply for carrying out their professional duty.”

Socio-Economic Rights and Accountability Project (SERAP) has sent an Urgent Appeal to Rt Hon Patricia Scotland QC, Secretary-General of the Commonwealth, urging her to “apply the Commonwealth Charter to hold the Nigerian government to account over the unlawful suspension of Twitter in Nigeria, and the resulting repression of human rights particularly the rights to freedom of expression, access to information and media freedom, as well as flagrant disregard for the rule of law.”

The organization asked Ms Scotland to “urgently consider recommending the suspension of Nigeria from the Commonwealth to the Heads of Government, the Commonwealth Chair-in-office, and Her Majesty Queen Elizabeth II, as Head of the Commonwealth to push the government to take concrete measures to respect and promote the Commonwealth’s values of human rights, transparency, accountability and the rule of law.”

In the Urgent Appeal dated 5 June, 2021 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “The Nigerian government has repeatedly demonstrated that it is not committed to protecting human rights. The Commonwealth should take a clear stand to ensure accountability of institutions, freedom of expression and access to information in Nigeria.”

SERAP said: “Nigerians can only freely participate in the democratic processes and shape the society in which they live if these fundamental human rights are fully and effectively respected, protected and promoted.”

According to SERAP, “The suspension has the character of collective punishment and is antithetical to the Nigerian Constitution and the country’s international obligations. Nigerian authorities would seem to be suppressing people’s access to Twitter to exploit the shutdown to cover up allegations of corruption, abuses, and restrict freedom of expression and other fundamental rights.”

The Urgent Appeal, copied to Mr António Guterres, Secretary-General of the United Nations; and Ms Michelle Bachelet, UN High Commissioner for Human Rights, read in part: “The Nigerian government has also called for the prosecution of those who violate its order suspending Twitter operations in Nigeria. This order for prosecution of Twitter users violates the legal rule that there should be no punishment without law.”

“The principle that only the law can define a crime and prescribe a penalty (nullum crimen, nulla poena sine lege) is a fundamental part of Nigerian constitutional jurisprudence.”

“The Commonwealth Charter recognises the right of individuals to participate in democratic processes, in particular through peaceful exercise of their freedom of expression and access to information, which apply both offline and online.”

“Respect for Commonwealth values is essential for citizens to trust Commonwealth institutions. The Commonwealth ought to take a strong stand for protection of human rights, transparency and the rule of law in Nigeria, principles which are fundamental to the Commonwealth’s integrity, functioning and effectiveness of its institutions.”

“Allowing citizens to freely exercise their human rights including freedom of expression and access to information without threat of reprisal or prosecution would enable them to contribute to society on issues of transparency, accountability, good governance, integrity and human rights.”

“Nigerian government has a legal responsibility under the Nigerian Constitution of 1999 [as amended] and international human rights treaties including the African Charter on Human and Peoples’ Rights and International Covenant on Civil and Political Rights to respect, protect and promote freedom of expression, access to information, and to ensure a safe and enabling environment for people to enjoy these rights.”

“The suspension of Twitter in Nigeria demonstrates the authorities’ determination to suppress all forms of peaceful dissent by the Nigerian people. There are well-founded fears that the human rights situation in Nigeria will deteriorate even further if urgent action is not taken to address it.”

“According to our information, the Nigerian government on Friday 4 June, 2021 unlawfully ordered all internet service providers to suspend Twitter in Nigeria. The suspension of Twitter operations in Nigeria followed the deletion of President Muhammadu Buhari’s tweets, which according to Twitter ‘violated the Twitter Rules.’”

“The suspension of Twitter in Nigeria is taking place against the background of repression of the civic space and harassment of media houses, and journalists who are targeted simply for performing their professional duty.”

“The suspension of Twitter has seriously undermined transparency and accountability in government. The lack of transparency undermines the rule of law and Nigerians' ability to participate in their own government.”

“Lack of transparency and accountability, and the absence of the rule of law in Nigeria have contributed hugely to denying Nigerians their fundamental human rights. People have been targeted simply for using Twitter and peacefully exercising their fundamental human rights.”

SERAP therefore urged the Commonwealth to:

1. Publicly condemn the suspension of Twitter in Nigeria, and put pressure on the government of President Muhammadu Buhari to reverse the unlawful suspension;

2. Urge the government of President Muhammadu Buhari to respect freedom of expression, access to information, and media freedom, as well as promote transparency and accountability, and the rule of law;

3. Urge the government of President Muhammadu Buhari to withdraw the threat to prosecute Nigerians simply for peacefully exercising their rights through Twitter

4. Establish a mechanism to visit Nigeria to monitor and report on violations of Nigerians’ right to freedom of expression, access to information and media freedom, absence of transparency and accountability, and persistent disregard for the rule of law, and to get to the root of the facts and circumstances of such abuses, with a view to ensuring full accountability. Such mechanism would be the right response from the Commonwealth to protect the integrity of the institutions and ensure compliance by members to the Commonwealth values as enshrined in the Commonwealth Charter and declarations

---Says NASS commission can’t determine lawmakers’ remuneration

The Federal High Court in Lagos in a landmark judgment today ordered the Revenue Mobilization, Allocation and Fiscal Commission (RMAFC) to fix the salaries and allowances of the 469 members of the National Assembly– 109 in the Senate and 360 in the House of Representatives to reflect the economic realities in the country, and ruled that the National Assembly Service Commission has no power to determine the remuneration and allowances of lawmakers.”

The judgment by Justice Chuka Austine Obiozor followed the consolidated suits brought by Mr Monday Ubani, Mr John Nwokwu, more than 1,500 concerned Nigerians, Socio-Economic Rights and Accountability Project (SERAP), BudgIT and Enough is Enough Nigeria (EiE).

Justice Obiozor gave the judgment after the hearing of Originating Summons in suit number FHC/L/CS/690/2018: Mr Monday Ubani and other, and suit number FHC/LA/CS/943/2019 involving SERAP, EiE, BudgIT, (suing for themselves and on behalf of 1522 concerned Nigerians).

The Court also ruled that RMAFC is the only body responsible for determining the salaries, remuneration and/or allowances of the National Assembly or Political Offices Holders.

The Court heard arguments from the Plaintiffs’ lawyers Mr Femi Falana (SAN) and Ms Adelanke Aremo.

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

According to the Court, “the National Assembly Service Commission has no power whatsoever to fix and determine or allocate the remuneration, allowances, salaries, emoluments or monetary values to the members of the National Assembly.”


The suit was filed on the heels of the reports that members of the National Assembly receive running costs and allowances not determined by RMAFC and that such allowances are illegal because they are far above what the RMAFC prescribed.

It would be recalled that Senator Shehu Sani had in an interview with the News Magazine on the 8th of March 2018 revealed that “each senator receives N13.5 million Monthly as running cost in addition to over N750,000.00 monthly consolidated salary and allowances”.

The Plaintiffs in their consolidated suits stated: “RMAFC has failed to do any downward review of salaries and allowances of members of the National Assembly since 2007 in spite of the economic downturn in Nigeria. Yet, the commission is statutorily required to review the pay of the lawmakers, in conformity with the country’s economic realities and to achieve fiscal efficiency.”

The suits, read in part: “Given many years of extreme poverty in the country, and the inability of several state governments to pay salaries of workers and pensions, the refusal or failure of the Revenue Mobilization, Allocation and Fiscal Commission to review and cut the salaries and allowances of members of the National Assembly is a gross violation of the 1999 Nigerian Constitution (as amended) and the commission’s own Act.”

“The allowances of wardrobe, newspapers, kitchen traveling domestic and constituency project allowances of the members of the National Assembly are never contemplated or in the intendment of the constitution which created them and specified how they can be remunerated.”

“The duty of the RMAFC to review the salaries and allowances of members of the National Assembly is mandatory and the Commission cannot choose not to comply. Therefore, the failure or refusal by the Commission to comply with its own Act amounts to arbitrariness.”

“Unless the reliefs sought by the plaintiffs are granted, the defendants and members of the National Assembly will continue to benefit from these outrageous salaries and allowances, in breach of the law and at the expense of millions of Nigerians living in extreme poverty.”

“The amounts budgeted as payment for furniture and accommodation allowance to members of the 9th National Assembly negates the oath of office under the Seventh Schedule of the 1999 Constitution by members to perform their functions in the interest of the well-being and prosperity of Nigeria.”

“The National Assembly comprises of 469 members – with 109 in the Senate and 360 in the House of Representatives. These public officers form a very tiny percentage of about 200 million Nigerians. Members are still eligible to collect huge sums of money as monthly allowances and severance pay at the end of their respective terms.”

Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “use the sixth anniversary of his government in power as an opportunity to halt Nigeria’s backsliding from constitutional and international obligations, reverse a steady deterioration of the rule of law and persistent breach of human rights, including the rights to a corruption-free society, and to life and security of Nigerians.”

SERAP said: “We urge you to publicly give an assurance that you and your government would end the worsening rule of law crisis, obey court judgments, genuinely combat grand corruption, and address the systematic and egregious violations of Nigerians’ right to life and security in several parts of the country.”

The Buhari administration is marking six years since coming into power, with some officials claiming that “Nigeria has become a better country than it was before Buhari’s election in 2015”, and that “Nigerians would celebrate and praise the administration after Buhari’s tenure in 2023.”

But in the letter dated 29 May 2021 and signed by SERAP deputy director Kolawole Oluwadare, said: “We are gravely concerned about persistent attacks on the rule of law. Millions of people are falling into preventable poverty, and live in a state of insecurity. This government’s effort to use anniversary celebrations to deflect attention from its record of assault on the rule of law isn't going to work. Instead, it should use the occasion to create a rule of law-friendly environment that would make Nigerians safer.”

According to SERAP: “Systematically breaching the rule of law is not a sign of strength. Your administration should urgently comply with Nigeria’s constitutional and international obligations to respect the rule of law, if it is not to leave behind a legacy of impunity and attacks on the rule of law, and ultimately, on the system of protection of human rights after your tenure in 2023.”

The letter, read in part: “Should your government fail and/or refuse to urgently implement the recommended measures, SERAP would approach the Economic Community of West African States (ECOWAS) and the African Union to invoke their charters and treaties to restore the rule of law and human rights in Nigeria.”

“Attacks on the rule of law have made it harder for your administration to fulfil your oft-repeated promises to combat corruption, and to protect Nigerians’ right to life and security.”

“SERAP is seriously concerned that a culture of attacks on the rule of law has adversely affected the functioning of the country’s judiciary, undermined the integrity and authority of our courts, and reduced their ability to function effectively as the fundamental safeguard of rule of law in the country.”

“SERAP believes that respect for the rule of law and human rights is vital if your administration is to be able to effectively and satisfactorily address the growing poverty, inequality, and insecurity across the country.”

“SERAP hopes that the next two years will show your administration’s commitment to consistently uphold democracy, the rule of law, human rights, including the right to a corruption-free society, and the right to life and security.”

“The rule of law crisis in the past six years is illustrated by your government’s persistent failure to obey decisions of Nigerian courts; failure to consistently combat corruption and push for transparency in asset declarations by high-ranking government officials, and the failure to protect Nigerians’ right to life and security.”

“Persistent disobedience of court judgments by your administration represents a systemic threat to the rule of law, as this has infringed upon judicial independence and undermined legal certainty, as well as exacerbated the “chilling effect” on victims’ access to justice and effective remedies.”

“Nigeria’s rule of law breakdown, the systematic breaching of the Nigerian Constitution of 1999 [as amended] and the country’s international obligations have also seriously undermined Nigeria’s leadership role within the ECOWAS, the African Union, and generally in the comity of nations.”

“Ensuring full and effective respect for the rule of law and human rights would send a strong signal of your commitment to uphold the country’s constitutional guarantees and international obligations, and that you are ready to do what is needed to halt the backsliding from these guarantees and obligations.”

“The judgments your government is yet to obey include at least seven judgments obtained by SERAP. The first is the judgment by Justice Hadiza Rabiu Shagari ordering your government to tell Nigerians about the stolen asset it allegedly recovered to date, with details of the amounts recovered.”

“The second judgment, by Justice Mohammed Idris [as he then was], ordered your government to publish details on the spending of stolen funds recovered since the return of democracy in 1999, while the third judgment, by Justice Chuka Austine Obiozor, ordered your government to publish details of payments of billions of naira to allegedly corrupt electricity contractors and companies since 1999.”

“The fourth judgment, by Justice Oluremi Oguntoyinbo, ordered your government to challenge the legality of states’ life pension laws and to recover pensions already collected by ex-governors now serving as ministers and members of the National Assembly.”

“The fifth judgment, by Justice Mohammed Idris ordered your government to prosecute principal officials and lawmakers suspected of padding and stealing N481bn from the 2016 budget. The court also ordered publication of the report on the alleged 2016 budget padding.”

“The sixth judgment, by the ECOWAS Court of Justice in Abuja, ordered the Nigerian authorities to provide free and quality education to all Nigerian children without discrimination. The seventh judgment, also by the ECOWAS Court, ordered the Federal Government to hold all oil companies operating in the Niger Delta to account for oil pollution and associated human rights violations, and to pay compensation.”

“Another court order that is yet to be complied with is the order for the release of Islamic Movement of Nigeria leader, Sheikh Ibrahim El-Zakzaky and his wife, Zeenah, from unlawful detention, obtained by human rights lawyer and Senior Advocate of Nigeria, Femi Falana.”

“Nigeria’s democracy ought to have as its foundation respect for human rights and the rule of law. Treating the decisions of Nigerian courts as not binding is antithetical to any contemporary notion of the rule of law and democracy, and clearly counter-productive to the fight against corruption.”

“Democracy is an inherent element of the rule of law, and obeying decisions of the courts, combating corruption, and ending growing insecurity in the country are closely connected with the existence and consolidation of democracy, good governance and development.”

“SERAP also urges you to immediately instruct the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, SAN to enforce all outstanding court judgments against your government since May 2015, including those highlighted above.”

Socio-Economic Rights and Accountability Project (SERAP) has urged the Senate President Dr Ahmad Lawan, and Speaker of House of Representatives Mr Femi Gbajabiamila to “use their good offices to urgently probe and refer to appropriate anti-corruption agencies fresh allegations that N4.1 billion of public money budgeted for the National Assembly is missing, misappropriated, diverted or stolen, as documented in the 2016 audited report by the Office of the Auditor-General of the Federation.”

SERAP said: “these allegations are not part of the disclosure by the Auditor-General in other audited reports that N4.4 billion of National Assembly money is missing, misappropriated, diverted or stolen.”

In the letter dated 15 May 2021 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “As part of its legislative and oversight functions, the National Assembly has a key role to play in the fight against corruption in the country. But little can be achieved by the legislative body in the anti-corruption fight if the leadership and members do not first confront the spectre of alleged corruption and mismanagement within their ranks.”

SERAP is also urging Dr Lawan and Mr Gbajabiamila: “to identify the lawmakers and staff members suspected to be involved, and hand them over to appropriate anti-corruption agencies to face prosecution, if there is sufficient admissible evidence, and to ensure full recovery of any missing public funds.”

The letter, read in part: “Ensuring the effective investigation of these fresh allegations, and full recovery of any missing public funds would strengthen the country’s accountability framework, and show that the National Assembly can discharge its constitutional responsibility of amplifying the voices of Nigerians. It will also show that the body is acting in the best interest of the people.”

“SERAP is concerned that allegations of corruption continue to undermine economic development, violate social justice, and destroy trust in economic, social, and political institutions. Nigerians bear the heavy economic and social costs of corruption. The National Assembly therefore has a responsibility to curb it.”

“According to the Auditor-General Report for 2016, N4,144,706,602.68 of National Assembly money is missing, diverted or stolen. The National Assembly paid some contractors N417,312,538.79 without any documents. The Auditor-General wants the Clerk to the National Assembly to ‘recover the amount in question from the contractors.’”

“The National Assembly reportedly spent N625,000,000.00 through its Constitution Review Committee between March and June 2016 but without any document. The Auditor-General wants the Clerk to the National Assembly to ‘recover the amount from the Committee and furnish evidence of recovery for verification.’”

“The National Assembly also reportedly spent N66,713,355.08 as ‘personnel cost’ but ‘the payees in the Cashbook did not correspond with those in the Bank Statement’. The Auditor-General wants ‘the irregular expenditure recovered from the officer who approved the payments.’”

“The National Assembly also reportedly paid N116,162,522.60 to some contractors between April and June, 2016 without any document. The National Assembly deducted N56,985,568.55 from various contract payments in respect of Withholding Tax and Value Added Tax but without any evidence of remittance.”

“The National Assembly also reportedly paid N126,264,320.00 as cash advances to 11 staff members between March and December, 2016 to procure goods and services but failed to remit the money.”

“The Senate reportedly paid N747,286,680.00 as personal advances to staff members between February and December, 2016 for various procurements and services but failed to retire the money. The Senate also deducted N118,625,057.48 as Withholding and Value Added Taxes but failed to show any evidence of remittance to the Federal Inland Revenue Service.”

“The Senate also spent N109,007,179.73 from the Capital Expenditure vote but without any document.”

“The House of Representatives reportedly deducted N821,564,296.48 from staff salaries but failed to remit the money to tax authorities. The House also paid N254,059,513.70 as advances to staff members to procure goods and services between January and December, 2016 but failed to retire the money.”

“The National Institute for Legislative Studies reportedly spent N375,867,000.00 to buy 11 motor vehicles in April 2016. But the Institute also paid the same contractor N36,610,000.00 in September 2016 under the same contract without approval.”

“The Institute also reportedly paid N10,927,768.80 to 7 members of staff who were redeployed from the National Assembly to provide specialized services but without details about the staff paid, and without any justification.”

“The National Assembly Service Commission reportedly approved N109,995,400.00 to train some officers in Dubai, United Arab Emirates but spent N127,629,600.00 as Estacode Allowances to participants, and fees for two consultants engaged for the training. The Commission also spent N9,975,000.00 as course fees for 34 officers but it also paid a consultant N4,987,500.00 for the same course fees.”

“The Legislative Aides Section earned N12,274,587.77 as interests on Bank accounts in a commercial bank between January and December 2016 but failed to remit the money to the Consolidated Revenue Fund.”

“We would be grateful if you would indicate the measures being taken to address the allegations and to implement the proposed recommendations, within 14 days of the receipt and/or publication of this letter.”

“If we have not heard from you by then as to the steps being taken in this direction, SERAP shall take all appropriate legal actions to compel the leadership of the National Assembly to implement these recommendations in the public interest, and to promote transparency and accountability in the National Assembly.”

“The National Assembly can only effectively perform its anti-corruption role if it can demonstrate exemplary leadership to probe the allegations of corruption and mismanagement involving the legislative body.”

“SERAP notes that the Auditor-General in the 2015, 2017 and 2018 reports documented that N4.4 billion of public money budgeted for the National Assembly is missing, misappropriated, diverted or stolen.”

“Addressing the allegations would improve public confidence and trust in the ability of the National Assembly to exercise its constitutional and oversight responsibilities, and to adhere to the highest standards of integrity.”

The letter was copied to Mr Abukabar Malami, SAN, Attorney General of the Federation and Minister of Justice; Professor Bolaji Owasanoye, Chairman Independent Corrupt Practices and Other Related Offences Commission (ICPC); Mr Abdulrasheed Bawa, Chairman, Economic and Financial Crimes Commission (EFCC); and chairmen of the Public Accounts Committees of the National Assembly.

Socio-Economic Rights and Accountability Project (SERAP) has urged the government of President Muhammadu Buhari and the National Broadcasting Commission (NBC) to immediately reverse the arbitrary, unconstitutional and illegal decision to suspend Channels Television, and to impose a fine of N5 million on the station purportedly for breaching the broadcast code.”

According to reports, the Acting Director General of the Commission, NBC, Professor Armstrong Idachaba in a letter to the Managing Director of Channels Television referred to Channels 7pm live broadcast programme of Sunday, 25th April, 2021, in which it accused the TV station of interviewing a leader of the Indigenous People of Biafra (IPOB) allegedly without “caution or reprimand.”

But SERAP in a statement today by its deputy director Kolawole Oluwadare said: “The suspension of Channels Television is unconstitutional, illegal, arbitrary, and without any legal basis whatsoever. The government and NBC should immediately lift the suspension and reverse the fine. We will pursue appropriate legal action if the arbitrary, unconstitutional and illegal suspension and fine are not reversed within 48 hours.”

SERAP said: “This action by the government and NBC is yet another example of Nigerian authorities’ push to silence independent media and voices. The government and NBC lift the suspension and uphold the Nigerian Constitution 1999 (as amended) and international obligations to respect and protect freedom of expression and media freedom.

The statement, read in part: “This is a new low in Nigeria’s protection of freedom of expression, and the ability of independent media to function in the country. The suspension of Channels Television is detrimental to media freedom, and access to information, and the Federal Government and NBC must immediately reverse the decision.”

“Media freedom and media plurality are a central part of the effective exercise of freedom of expression and access to information. The ability to practice journalism free from undue interference, to cover diverse views are crucial to the exercise of many other rights and freedoms.”

“The media has a vital role to play as ‘public watchdog' in imparting information of serious public concern and should not be inhibited or intimidated from playing that role. The Federal Government and NBC should stop targeting and intimidating independent media and voices.”

“The government of President Buhari has a responsibility to protect Nigerians’ rights to freedom of expression and access to information.”

“This suspension amounts to an arbitrary and unjust application of regulations against the media. International standards allow only official restrictions on the content of what the media can broadcast or print in extremely narrow circumstances.”

“Article 20 (2) of the International Covenant on Civil and Political Rights, which Nigeria has ratified requires states to prohibit only advocacy that constitutes incitement to discrimination, hostility or violence. Restrictions must be clearly defined, specific, necessary, and proportionate to the threat to interest protected.”

“President Muhammadu Buhari should caution the NBC to stop intimidating and harassing independent media houses and to respect the Nigerian Constitution, and the country’s international human rights obligations, including under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights.”