Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “direct the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, SAN, and appropriate anti-corruption agencies to investigate allegations that N106bn of public funds are missing from 149 ministries, departments and agencies (MDAs), as documented in the 2018 annual audited report by the Auditor-General of the Federation.”

SERAP said: “Anyone suspected to be responsible should face prosecution as appropriate, if there is sufficient admissible evidence, and any missing public funds should be fully recovered.”

SERAP also urges him “to direct Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning to create a system of public announcements to name and shame the indicted 149 MDAs, including those that reportedly failed to remit over N55bn of their revenue; awarded contracts of over N18bn for services not rendered; and spent over N23bn without any supporting documents.”

In the letter dated 17 April 2021, and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The reported missing public funds reflect the failure of the indicted MDAs to ensure strict compliance with transparency and accountability rules and regulations, and the failure of leadership of the MDAs to foster institutions that uphold the rule of law and human rights.”

According to SERAP, “Recovering the alleged missing public funds would reduce the pressure on the Federal Government to borrow more money to fund the budget, enable the authorities to meet the country’s human rights obligation to progressively realize Nigerians’ rights to quality health care and education, as well as reduce the growing level of public debts.”

The letter, read in part: “SERAP urges you to ask Mrs Ahmed and Mr Ahmed Idris, the Accountant-General of the Federation to explain why they allegedly failed to ensure strict compliance with relevant legislation, rules and regulations across all MDAs, despite the warning and recommendations by the Auditor-General.”

“SERAP also urges you to direct Mrs Ahmed to publish full details of the yearly budgets of all MDAs, and issue regular updates that accurately detail their expenditures, including by making any such information easily accessible in a form that can be understood by the public.”

“The Auditor-General stated that the alleged infractions by the 149 MDAs could have been prevented if the Minister of Finance, Budget and National Planning, and the Accountant General of the Federation had heeded his warning to ensure strict compliance with relevant legislation, rules and regulations across all MDAs.”

“SERAP is concerned that the alleged missing public funds have hampered the ability of the MDAs to meet the needs of average citizens, as the missing funds could have helped your government to invest in key public goods and services, and to improve access of Nigerians to these services.”

“Investigating and prosecuting the alleged grand corruption documented by the Auditor-General would improve the chances of success of your government’s oft-repeated commitment to fight corruption and end the impunity of perpetrators. It will improve the integrity of MDAs, as well as serve the public interest.”

“Any failure to promptly investigate the allegations and prosecute suspected perpetrators would breach Nigeria’s anti-corruption legislation, and the country’s international anti-corruption obligations.”

“We would be grateful if the recommended measures are taken within 14 days of the receipt and/or publication of this letter. If we have not heard from you by then, the Incorporated Trustees of SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest.”

“SERAP has carefully analysed the recently released 2018 audited report by the Auditor-General of the Federation and our analysis reveals the grim allegations that N105,662,350,077.46 of public funds are missing, misappropriated or unaccounted for across 149 MDAs in 2018.”

“According to the Auditor-General, 35 MDAs failed to remit N48,551,274,468.35 of generated revenue, and N5,418,780,747.23 of statutory deductions including value added tax, withholding tax, and stamp duties in 2018, thereby ‘depriving the government of the much-needed fund to pursue its agenda.’”

“Similarly, 25 MDAs awarded contracts amounting to N18,369,595,564.47 in violation of the Public Procurement Act (PPA), 2007, including disregard to due process, irregularity in payment for contracts, excessive pricing of procurements, payment for services not rendered, and payment in full for uncompleted projects.”

“Another N23,486,881,920.49 was spent by 48 MDAs without following the rules and regulations relating to spending procedures and policies, and without any documents to support such spending. Furthermore, 11 MDAs paid N8,389,842,637.88 for store items that were not taken on store charge. The Auditor-General fears that the items may be ‘missing/misappropriated.’”

“In addition, 18 MDAs paid N354,223,774.67 as cash advances to staff without duly retiring the money, contrary to the Financial Regulation 1405 and Financial Regulation 1420. According to the Auditor-General, ‘unretired cash and personal advances may be a deliberate attempt to divert public funds for personal use.’”

“Moreover, 12 MDAs spent N371,750,964 as cash advances, above the approved threshold of N200,000.00, contrary to the Treasury Circular Ref. No. TRY/A2&B2/2009OAGF/CAD/26/V, which requires all local procurement of stores and services costing above N200,000.00 to be made only through the award of contracts.”

“There are several other infractions documented in the report, a copy of which can be obtained from the Auditor-General’s office. The 2018 audited report therefore suggests a grave violation of the public trust. These damning revelations also suggest that the indicted MDAs lack effective and credible internal processes to prevent and combat corruption.”

“Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution 1999 [as amended]; anti-corruption legislation, and the country’s international obligations including under the UN Convention against Corruption; and the African Union Convention on Preventing and Combating Corruption to which Nigeria is a state party.”

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

Socio-Economic Rights and Accountability Project (SERAP) has urged Engr. Elias Mbam, Chairman, Revenue Mobilization Allocation and Fiscal Commission (RMAFC) to “urgently review upward the remuneration, allowances, and conditions of service for Nigerian judges, and to review downward the remuneration and allowances of high-ranking political office-holders in order to address the persistent poor treatment of judges, and to improve access of victims of corruption to justice.”

SERAP also urged him “to send your review and recommendations to the National Assembly for appropriate remedial and legislative action, as provided for by the Nigerian Constitution 1999 [as amended].”

The letter followed the nationwide industrial action by the Judiciary Staff Union of Nigeria (JUSUN) to press home their demand for financial autonomy for the judicial arm of government, and the federal government’s silence on the judiciary workers’ strike that has grounded courts across the country.

In the letter dated 10 April 2021 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “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 enjoy lavish salaries and allowances.”

SERAP expressed concern that: “The remuneration and allowances of judges have fallen substantially behind the average salaries and allowances of political office-holders such as President, Vice-President, governors and their deputies, as well as members of the National Assembly.”

SERAP said: “Nigerian judges are among the least paid in the world. The poor treatment of judges is neither fair to them nor to the Nigerian people. Judges deserve remuneration, allowances, and conditions of service commensurate with their judicial powers and responsibilities.”

According to SERAP, “While the remuneration and allowances of judges are grossly insufficient to enable them to maintain themselves and their families in reasonable comfort, 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 letter, read in part: “According to our information, the last review of the remuneration, allowances, and conditions of service for political, public and judicial office holders carried out by RMAFC in 2009 shows huge disparity between the remuneration and allowances of judges and those of political office-holders.”

“Judges’ work is very considerable but they cannot give their entire time to their judicial duties without the RMAFC reviewing upward their remuneration and allowances, and closing the gap and disparity between the salaries of judges and those of political office-holders such as the President, Vice-President, governors and their deputies, as well as lawmakers.”

“Although one of the three coordinate branches of the government, the judiciary is treated with contempt, and considered so unimportant by the pollical class that authorities over the years have refused to pay them reasonable remuneration and allowances.”

“We would therefore be grateful if the recommended measures are taken within 14 days of the receipt and/or publication of this letter. If we have not heard from you by then, the Incorporated Trustees of SERAP shall take all appropriate legal actions to compel the RMAFC to comply with our requests.”

“Despite their important roles and responsibilities, Nigerian judges are poorly treated when their remuneration, salaries, allowances, and conditions of service are compared with 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.”

“Far-reaching questions of constitutional law depend upon them for solution. Judges are also required to determine issues, which profoundly affect the rights and well-being of the people.”

“The meaning and effect of anti-corruption legislation and treaties such as the Independent Corrupt Practices and Other Related Offences Commission Act, the Economic and Financial Crimes Commission [EFCC] Act, the UN Convention against Corruption, and the African Union Convention on Preventing and Combating Corruption depend upon their learning, wisdom and judgment.”

“The stability of the country’s system of government, a government of laws rather than of men, depending as it does to so great an extent upon the confidence and respect of the people for those who, as judges, hold the scales of justice in their hands, depends upon the character and the wisdom of these men and women.”

“The RMAFC has the powers under paragraph n, Third Schedule, Part 1 of the Nigerian Constitution to determine the remuneration, salaries and allowances appropriate for judges and political office holders, consistent with sections 84 and 124 of the Constitution.”

“SERAP notes that Nigerian authorities between May 1999 and March 2011 reviewed upward the salaries and allowances of political office holders at least on four occasions. However, the salaries and allowances of judicial officers were only reviewed twice during the same period.”

“Nigerian government and the RMAFC have the duty to provide adequate resources to enable the judiciary to properly perform its functions.”

“As a safeguard of judicial independence, the courts’ budget ought to be prepared in collaboration with the judiciary having regard to the needs and requirements of judicial administration. Furthermore, 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 be denied access to justice, to a better judiciary and a better administration of justice until judges across the country are paid what they deserve.”

“SERAP urges you and the RMAFC to separate the review of remuneration and salaries for judges from that of political office-holders. This would ensure fairness, and that judges receive the justice they so conscientiously dispense to others.”

The letter is copied to Dr Ahmad Lawan, Senate President; Mr Femi Gbajabiamila, Speaker of House of Representatives; Mr Ekpo Nta, Chairman, National Salaries, Incomes and Wages Commission (NSIWC); and the National Judicial Council.

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari over “his failure to probe allegations that N3,836,685,213.13 of public funds meant for the Federal Ministry of Health, teaching hospitals, medical centres, and National Food Drug Administration and Control (NAFDAC) are missing, mismanaged, diverted or stolen, as documented in the recently released 2018 audited report by the Office of the Auditor-General of the Federation.”

The suit is coming in the wake of the controversy over Buhari’s travel to London for a “routine” medical check-up at a time the country’s resident doctors are on strike over unpaid salaries, upward review of hazard allowances, and COVID-19 care incentives, leaving millions of poor Nigerians without access to medical treatment.

In the suit number FHC/ABJ/CS/433/2021 filed last week at the Federal High Court in Abuja, SERAP is seeking: “an order of mandamus directing and compelling President Buhari to investigate alleged missing N3.8bn health funds, and to promptly investigate the extent and patterns of widespread corruption in the Federal Ministry of Health, teaching hospitals, medical centres and NAFDAC.”

In the suit, SERAP is arguing that: “Corruption in the health sector exacerbates inequality in already unequal and unfair political, social, and economic environments, and produces a ‘cash and carry’ health care system based on one’s ability to pay for care or one’s political position.”

According to SERAP: “transparency and accountability in the management of health funds is essential for promoting access of people living in poverty to physical and mental healthcare, satisfactory health conditions, equality and non-discrimination, development, as well as good governance and the rule of law.”

SERAP is also arguing that, “The failure to investigate the alleged missing health funds, bring suspected perpetrators to justice, and to recover any missing public funds has exposed millions of poor Nigerians to serious health risks, amounting to violations of constitutional and international human rights and anti-corruption obligations.”

According to SERAP: “The fight against corruption in the health sector is vital for the effective enjoyment of the right to health by socially and economically vulnerable Nigerians, which in turn is essential to all aspects of a person’s life and well-being, and to the realisation of all the other fundamental human rights.”

Joined in the suit as Respondents are Mr Abubakar Malami, Minister of Justice and Attorney General of the Federation; and Dr Osagie Ehanire, Minister of Health.

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “Corruption in the health sector forces socially and economically vulnerable Nigerians to seek health services and treatment in unsafe and unregulated environments, leaving them susceptible to avoidable injuries and death.”

“Poor Nigerians are not enjoying the right to health maximally because the Nigerian government is failing to address systemic corruption in the health sector, thereby rendering the authorities incapable of providing the basic amenities, infrastructure and resources that facilitate the full enjoyment of the right to health.”

“A corrupt and dysfunctional health care system can hardly fulfil the physical and health needs of citizens. Such a system denies people access to the highest attainable standard of health care and simultaneously undermines their ability to pursue personal development and prosperity.”

“The Nigerian government has the legal obligations to take the necessary measures to protect the health of the Nigerian people and to ensure that they receive medical attention when they are sick.”

“This means taking prompt measures to investigate the alleged missing health funds, to ensure that health systems can deliver quality health care and services in an equal and non-discriminatory manner.”

“The failure to promptly investigate the alleged missing health funds, bring suspected perpetrators to justice and to recover any missing public funds has continued to have serious implications for the ability of the government particularly the health ministry and agencies under its control to meet the health needs of socially and economically vulnerable Nigerians.”

“By the combined reading of the Nigerian Constitution of 1999 [as amended], the Public Procurement Act, and the country’s obligations including under the International Covenant on Economic, Social and Cultural Rights, President Buhari and his government have legal duties to promptly probe allegations of corruption in the spending of health funds, and to ensure access of poor Nigerians to quality healthcare.”

SERAP is also seeking the following reliefs:

1. AN ORDER granting leave to the Applicant to apply for judicial review to enable the Applicant seek an order of mandamus directing and compelling the 1st Respondent to direct the Minister of Justice and Attorney General of the Federation and appropriate anti-corruption agencies to investigate allegations that N3,836,685,213.13 of public funds budgeted for the Federal Ministry of Health, teaching hospitals, medical centres and NAFDAC are missing, and unaccounted for.

2. AN ORDER granting leave to the Applicant to apply for judicial review to enable the Applicant seek an order of mandamus directing and compelling the 1st Respondent to direct the Minister of Justice and Attorney General of the Federation and appropriate anti-corruption agencies to promptly investigate the extent and patterns of widespread corruption in the Federal Ministry of Health, Teaching Hospitals, Medical Centres and NAFDAC indicted in the 2018 Audit Report by the Office of the Auditor-General of the Federation.

3. AN ORDER granting leave to the Applicant to apply for judicial review to enable the Applicant seek an order of mandamus directing and compelling the 1st and 2nd Respondents to take meaningful and effective measures to clean up an apparently entrenched system of corruption in the health sector

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.

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit asking the Federal High Court in Abuja “to restrain and stop President Muhammadu Buhari and the Federal Government from borrowing an estimated N895bn of Nigerians’ money in the form of their unclaimed dividends and balances in dormant accounts, under the guise of the patently unlawful, unconstitutional, and discriminatory legislation known as ‘the Finance Act, 2020.’”

The suit followed recent move by the Federal Government to take over and borrow unclaimed dividends and dormant account balances owned by Nigerians in any bank in the country. But the same legislation explicitly excludes dormant official bank accounts by all branches of government and their agencies.

In the suit number FHC/ABJ/CS/31/2021 filed last Friday, SERAP is seeking: “an order of perpetual injunction restraining and stopping President Buhari from demanding, taking over, borrowing, and collecting Nigerians’ money in the form of their unclaimed dividends and funds in dormant accounts or transferring and moving the money into a trust fund known as ‘Unclaimed Funds Trust Fund’”.

In the suit, SERAP is arguing that “the Federal Government should not be allowed to borrow Nigerians’ money. Borrowing unclaimed dividends and funds in dormant accounts owned by ordinary Nigerians would negatively affect their right to an adequate standard of living, and access to clean water, quality healthcare and education.”

According to SERAP: “Despite Nigeria’s dwindling oil revenue, the growing level of public debt, and widespread poverty, public officers including the President, Vice President, governors and their deputies, and members of the National Assembly have refused to cut their emoluments, allowances and security votes. At the same time, millions of Nigerians continue to bear the brunt of mismanagement and corruption.”

Joined in the suit as Defendants are: Mr Abubakar Malami SAN, Attorney General of the Federation and Minister of Justice; the Senate President, Ahmad Lawan; the Speaker of House of Representatives, Femi Gbajabiamila; and the Minister of Finance, Budget and National Planning, Ms Zainab Ahmed.

SERAP is also arguing that “For there to be a borrower, there must be a lender. The intention to enter into such borrower-lender relationship must be known to both parties. Any other arrangement that allows a borrower to access funds from a lender without the knowledge and express consent of the lender will amount to stealing.”

According to SERAP: “The Federal Government has repeatedly failed to ensure transparency and accountability in the spending of public wealth and resources such as recovered stolen public funds, and the loans so far obtained, estimated to be $31.98bn, and failed to address the systemic and widespread corruption in ministries, departments and agencies (MDAs).”

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Adelanke Aremo, read in part: “By the combined reading of section 44(1) of the Nigerian Constitution 1999 (as amended) and Article 14 of the African Charter on Human and Peoples’ Rights, the Federal Government has absolutely no right to borrow Nigerians’ money in the form of their unclaimed dividends and funds in dormant accounts without their knowledge and express consent.”

“The move to borrow Nigerians’ money amounts to unlawful expropriation, as it is neither proportionate nor necessary, especially given the unwillingness or inability of the government to stop systemic and widespread corruption in MDAs, cut waste and stop all leakages in public expenditures. The borrowing is also not in the public interest.”

“Respect for the right to property is important to improve the enjoyment of other basic human rights and to lift Nigerians out of poverty. There is a limit on the ability of any government to interfere with private property without legal justification. The right to property is a sacred and fundamental right.”

“Borrowing unclaimed dividends and funds in dormant accounts without due process of law and the knowledge and explicit consent of the owners is arbitrary, and as such, legally and morally unjustifiable.”

“To create a valid trust relationship, there must be explicit agreement between the setlor and the trustee, for the benefits of the trust beneficiary. There must also be sufficient evidence of the setlor’s intention to create a trust. The relationship cannot be arbitrarily created. It can also not be forced or assumed unilaterally, which is exactly what the Federal Government is pushing to do in this case.”

“According to the Nigerian Bureau of Statistics (NBS), four in ten Nigerians or over 82.9 million Nigerians live in poverty.”

“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.”

SERAP is also seeking the following reliefs:

1. A DECLARATION that the provisions of Section 60[3] and Section 77[1] and [2] of the Finance Act allowing the Federal Government under the leadership of President Buhari to borrow Nigerians’ money in the form of unclaimed dividends and funds in dormant accounts and transferring the money into the “Unclaimed Funds Trust Fund” is unlawful, unconstitutional and a breach of Nigerians’ fundamental human rights particularly the right to property.
2. A DECLARATION that the provisions of Section 60[3] and Section 77[1][2] of the Finance Act, being inconsistent with section 44[1] of the Nigerian Constitution, is therefore null and void to the extent of its inconsistency pursuant to Section 1[3] of the Constitution.
3. AN ORDER of perpetual injunction restraining the Defendants, or any other organisation, institution or officer[s] acting under their instruction or control, from demanding, collecting or transferring unclaimed dividends and funds in dormant accounts of beneficiaries and account holders into Unclaimed Funds Trust Fund.
4. AND ANY OTHER ORDER(S) that the Honourable Court may deem fit to make in the circumstance of this suit.


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

Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “provide spending details of the overdrafts and loans obtained from the Central Bank of Nigeria (CBN) by the Federal Government since May 29, 2015 including the total overdrafts, the projects on which the overdrafts have been spent; repayment of all overdrafts to date, as well as to 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 organization is also urging him to “provide details of spending of overdrafts and loans obtained from the CBN by successive governments between 1999 and 2015.”

In the Freedom of Information request dated 6 March, 2021 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “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.”

SERAP said: “Disclosing details of CBN overdrafts and repayments would enable Nigerians to hold the government to account for its fiscal management and ensure that public funds are not diverted, thereby improving the ability of your 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.”

According to SERAP, “The increasing level of public debt would threaten 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.”

The FoI, read in part: “The growing level of public debt would increase debt-servicing costs, which would mean that your government has less resources to spend on these critical public services.”

“We would be grateful if the requested information is provided to us within 14 days of the receipt and/or publication of this letter. If we have not heard from you by then, the Incorporated Trustees of SERAP shall take all appropriate legal actions to compel your government to comply with our request.”

“SERAP is concerned about the growing level of debts by the Federal Government, and the apparent lack of transparency and accountability in the spending of overdrafts and loans so far obtained from the CBN, as well as the repayments to date.”

“Also, the recent overdraft of $25.6bn (about N9.7trn) 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 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 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.”

“By the combined reading of the provisions of the Constitution of Nigeria 1999 (as amended), the Freedom of Information Act, UN Convention against Corruption, the International Covenant on Economic, Social and Cultural Rights, and the African Charter on Human and Peoples’ Rights, there are transparency obligations imposed on your government to disclose information to the public concerning spending of CBN overdrafts, loans and repayments to date.”

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

“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 obligations including under the UN Convention against Corruption; the International Covenant on Economic, Social and Cultural Rights, and the African Charter on Human and Peoples’ Rights. Nigeria has ratified these treaties.”

“According to our information, your government has reportedly recently obtained $25 billion from the CBN as overdrafts. The Federal Government has also reportedly decided to convert the overdrafts to long-term debt. This latest borrowing from the CBN is in addition to reported over $20 billion external debt, and N7 trillion domestic debt.”

The letter is copied to Mr Abukabar Malami, SAN, Attorney General of the Federation and Minister of Justice; Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning; Godwin Emefiele, the Governor of CBN; and Ms Patience Oniha, Director-General of the Debt Management Office.

Socio-Economic Rights and Accountability Project (SERAP) has sent a Freedom of Information request to the Minister of Water Resources Engr. Suleiman Adamu, urging him to “clarify the action that his Ministry has taken to address and find the alleged billions missing from the Ministry and its agencies, and if there is relevant admissible evidence of corruption and mismanagement, to refer the allegations to appropriate anti-corruption agencies for investigation and prosecution.”

The organisation is also urging him to “ensure the full recovery of any missing public funds, revealed in the 2017 annual audited report by the Office of the Auditor-General of the Federation.”

In the FoI request dated 27 February 2021 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Allegations of corruption and mismanagement in the Ministry and its agencies can cause serious harm to the socially and economically vulnerable. Satisfactorily addressing these allegations and recovering any missing public funds is a critical matter of public health, human rights, transparency and accountability. The COVID-19 crisis makes this action all the more urgent.”

SERAP said: “Knowing how the Ministry has responded to the queries from the Auditor-General, and ensuring a thorough investigation and prosecution of these allegations would end impunity for corruption in the water sector, serve the public interest, as well as help to improve access of Nigerians to clean water and sanitation services.”

According to SERAP, “Millions of Nigerians continue to lack access to an improved water source and access to proper sanitation. Limited availability of water in public hospitals makes it difficult for health professionals and the public to wash their hands – restricting the ability of people to respond to COVID-19.”

The letter, read in part: “According to the Auditor-General’s Annual Report for 2017, Federal Ministry of Water Resources spent ₦343,957,350.60 without any documents. The Auditor-General is concerned that the money may be missing. The Ministry also reportedly spent ₦14,993,950.00 as advance cash to staff to buy store items and for services without due process.”

“The Federal College of Freshwater Fisheries Technology, New Bussa, Niger State also reportedly spent ₦33,652,281.00 to train 170 unemployed youths and women between 10th and 11th November 2016 without due process and without any documents on the names and number of those trained. There was no evidence to justify the spending.”

“The Lower Benue River Basin Development Authority, Makurdi reportedly ‘misapplied’ ₦42,277,285.50 meant for project monitoring and supervision. The Auditor-General is concerned that the money may ‘have been diverted for other purposes.’”

“The National Water Resources Institute, Mando Road, Kaduna reportedly paid ₦84,401,940.74 to a contractor on 4th May 2017, being 10% payment on the construction of a 2-story building for UNESCO. But there was no existing contract between the Institute and the contractor. The Institute also failed to show any documents on how the money was spent.”

“The Nigeria Hydrological Services Agency, Abuja reportedly paid ₦24,800,000.00 to a staff in September 2016 to produce the 2016 annual flood outlook (AFO) by Agency, but without any documents of the spending and evidence of the services performed. The Agency also paid ₦31,439,300.00 to another staff in September 2016 to organise sensitization workshops on 2016 flood prediction/prevention but without any documents. The Agency has also failed to retire the money.”

“We would be grateful if your Ministry 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, the Incorporated Trustees of SERAP shall take all appropriate legal actions to compel your Ministry to implement these recommendations in the public interest, and to promote transparency and accountability in the water sector.”

“SERAP is concerned that these allegations may have hampered the ability of the Ministry and the agencies involved to meet the needs of average citizens, as the missing public funds could have helped to invest in the provision of access to clean water and sanitation services for Nigerians, especially at a time of the COVID-19 pandemic.”

“Effectively addressing the allegations of corruption and mismanagement in the Ministry of Water Resources and its agencies and recovering any missing public funds would be entirely consistent with Section 15(5) of the Nigerian Constitution 1999 [as amended], which imposes responsibility on public institutions and officials to abolish all corrupt practices and abuse of office, and the country’s international obligations.”

“Allegations of corruption and mismanagement in the water sector undermine public confidence in the sector, and obstruct the attainment of commitments made through Sustainable Development Goals, in particular Goal 6 which calls on states to ensure availability and sustainable management of water and sanitation for all.”

“The Cross River Basin Development Authority, Calabar, Cross River State reportedly paid ₦10,387,490.00 for a contract for construction of Link Road between Cross River and Ebonyi State, but without approval and any documents. The Authority also reportedly spent ₦30,616,110.00 for construction of erosion control works at Nguzu but failed to show any documents for the spending.”

“The Gurara Water Management Authority, Utako, Abuja also reportedly failed to remit ₦27,449,153.50 deducted from contractors as Withholding Tax and Value Added Tax, contrary to Financial Regulation 234. The Authority reportedly paid ₦63,075,336.00 to contractors but without any documents.”

“The Lake Chad Research Institute, Maiduguri, Borno State reportedly failed to account for two Toyota Prado Jeeps which were purchased in 2013 and 2014 with registration No. 45KOIFG for one Jeep and none for the other. No reason was given for not registering the second Prado Jeep. The Institute also failed to account for another Toyota Hiace bus with registration No. 45KO3FG.”

“The Hadejia – Jama’are River Basin Development Authority, Kano State reportedly spent ₦204,893,978.09 without any documents. The Auditor-General is concerned that the money may have ‘been mismanaged.’”

“The Nigeria Institute for Oil Palm Research, Benin City, Edo State also reportedly spent ₦210,921,849.66 without any documents. The Institute also spent ₦30,010,963.65 in 2017 without any documents.”

“The National Agricultural Extension and Research Liaison Services, Ahmadu Bello University, Zaria paid ₦33,425,000.00 to a contractor in March 2017 for National Extension Awareness Training and Agricultural Extension Community Research. But there was no evidence that the contract was executed. The Services also paid ₦60,435,515.00 as cash advance to a staff to buy store items without due process.”

“The Nigerian Institute for Oceanography and Marine Research, Victoria Island, Lagos State reportedly spent ₦18,022,931.74 to buy store items in 2017 but without evidence of the items and without any documents of the spending.”

The letter is copied to Professor Bolaji Owasanoye, Chairman Independent Corrupt Practices and Other Related Offences Commission (ICPC), and Mr Abdulrasheed Bawa, Chairman, Economic and Financial Crimes Commission (EFCC).

Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari “to direct the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, SAN to work with appropriate anti-corruption agencies to promptly probe allegations of corruption in the Universal Basic Education Commission (UBEC) and State Universal Basic Education Boards (SUBEBs) between 2004 and 2020, including missing N3,836,685,213.13 documented in the 2017 Annual Report by the Auditor-General of the Federation.”

The organization also urged him to “direct Mr Malami and the anticorruption agencies to make public the outcome of any investigation, and to prosecute suspected perpetrators if there is relevant admissible evidence, as well as fully recover any missing public funds.”

In the open letter dated 20 February 2021 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Allegations of corruption in UBEC and SUBEBs violate the right to education of millions of Nigerian children who continue to face unsuitable learning conditions, as shown by the poor learning and boarding facilities at the Government Science College, Kagara, Niger State where dozens of schoolchildren, teachers and their relatives were abducted by gunmen.”

SERAP said: “Investigating the allegations of corruption and mismanagement in UBEC and SUBEBs, prosecuting suspected perpetrators and recovering any missing public funds would contribute to addressing the education crisis in the country, which has disproportionately affected the most vulnerable and marginalized, and entrenched inequality.”

SERAP also urged President Buhari to “ensure prompt investigation into the spending of money budgeted for the Safe School Initiative since 2014, including N3.2 billion from the Federal Government and private donors meant to ensure a safer school environment for children, and to clean up an apparently entrenched system of corruption in the education sector.”

According to SERAP: “Many years of unresolved allegations of corruption and mismanagement in UBEC and SUBEBs have resulted in decreasing quality of education for poor children while many politicians send their own children to the best private schools in the country and abroad, and thereby leaving behind generations of poor children.”

The letter, read in part: “We would be grateful if your government 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, the Incorporated Trustees of SERAP shall take all appropriate legal actions to compel your government to implement these recommendations in the in public interest, and to promote transparency and accountability in UBEC and SUBEBs.”

“Allegations of corruption in UBEC and SUBEBs undermine public confidence in the education sector, lead to the erosion of education quality and access, and if not urgently addressed will lead to an increase in out-of-school children, and exacerbate educational inequalities in the country.”

“According to the 2017 Annual Report by the Auditor-General of the Federation, UBEC spent ₦7,712,000.00 to engage external solicitors between January to December, 2015 without due process and the approval of the Attorney General of the Federation. UBEC also reportedly failed to explain the nature of the legal services rendered. The Auditor-General is concerned UBEC may have engaged ‘unqualified solicitors.’”

“The Plateau State Universal Basic Education Board also reportedly failed to account for ₦37,200,000.00 despite repeated requests by the Auditor-General. The Plateau SUBEB also spent ₦9,709,989 without any payment vouchers. The SUBEB spent ₦1,607,007,353.72 Special Intervention funds by the Federal Government without any documents.”

“The Plateau SUBEB also paid ₦10,341,575.00 to various contractors without evidence of advance payment guarantee. The SUBEB paid ₦70,569,471.00 through cheques to a staff, in violation of the Federal Government e-payment policy. The SUBEB also failed to explain the purpose of the payment. It spent ₦120,948,000.00 on professional development of teachers but failed to retire and account for the money.”

“The Imo State Universal Basic Education Board reportedly spent N482, 560,000.00 as mobilization fees to some contractors without due process, and any advance payment guarantee. The contracts were funded from the Matching Grant Account. The Auditor-General stated that the contractors selected lacked ‘the financial capacity to handle the contracts.’ The SUBEB has also failed to account for ₦140,774,702.12 of project fund since 2015.”

“The Kano State Universal Basic Education Board reportedly paid ₦71,263,000.15 to contractors without due process and without open competitive bidding. Similarly, the Ebonyi State Universal Basic Education Board paid ₦569,758,938.00 to ‘unqualified contractors and companies’ for the reconstruction and renovation of classrooms. The Ebonyi SUBEB also spent ₦10,123,892.46 to buy store items but without any documents.”

“The Gombe State Universal Basic Education Board paid ₦31,822,600.00 to a staff from its teachers’ professional development funds but failed to account for the money. The Auditor-General is concerned that ‘the payment is fictitious’, and that ‘the funds did not benefit the intended beneficiaries.’ The SUBEB also reportedly paid ₦41, 277,983.00 as cash advance to staff to ‘buy some materials and for press coverage but failed to account for the money.’”

“SERAP is concerned about allegations of widespread and systemic corruption, misappropriation and mismanagement within UBEC and several SUBEBs, the failure to investigate these allegations, and to recover any missing public funds. The Federal Government bears responsibility for ensuring that every Nigerian child has access to quality education in conducive learning environment, and to safeguard education as a public good.”

“Your government’s responsibility to guarantee and ensure the right to quality education for every Nigerian child is interlinked with the responsibility under Section 15(5) of the Constitution of Nigeria 1999 [as amended] to ‘abolish all corrupt practices and abuse of office.’ This imposes a fundamental obligation to investigate the missing public funds from UBEC and SUBEBs, to prosecute suspected perpetrators, recover the money, and to remove opportunities for corruption in these institutions.”

“Access to quality education would empower children to be full and active participants in society, able to exercise their rights and engage in civil and political life.”

“Any failure to promptly and thoroughly investigate the allegations and prosecute suspected perpetrators, and to recover the missing public funds would breach Nigeria’s anti-corruption legislation, the Nigerian Constitution, the UN Convention against Corruption, the International Covenant on Economic, Social and Cultural Rights and the African Charter on Human and Peoples’ Rights, to which Nigeria is a state party.”

“The letter is copied to Mr Malami; Professor Bolaji Owasanoye, Chairman Independent Corrupt Practices and Other Related Offences Commission (ICPC); and Mr Mohammed Abba, Acting Chairman, Economic and Financial Crimes Commission (EFCC).”

Socio-Economic Rights and Accountability Project (SERAP) has urged the World Bank President Mr David Malpass “to exercise the Bank’s prerogative to release archival records and documents relating to spending on all approved funds to improve access to electricity in Nigeria between 1999 and 2020, the Bank’s role in the implementation of any funded electricity projects, and to identify and name any executed projects, and Nigerian officials, ministries, departments and agencies involved in the execution of such projects.”

The World Bank Board of Directors had last week approved $500m “to help boost access to electricity in Nigeria and improve the performance of the electricity distribution companies in the country.”

But in the application dated 6 February 2021, and signed by SERAP deputy director Kolawole Oluwadare, the organization urged the Bank to “explain the rationale for the approval of $500m to implement electricity projects in the country, despite reports of widespread and systemic corruption in the sector, and the failure of the authorities to enforce a court judgment ordering the release of details of payments to allegedly corrupt electricity contractors who failed to execute any projects.”

SERAP said: “This application is brought pursuant to the World Bank’s Access to Information Policy, which aims to maximize access to information and promote the public good. There is public interest in Nigerians knowing about the Bank’s supervisory role and specifically its involvement in the implementation of electricity projects, which it has so far funded.”

According to SERAP, “The $500m is part of the over one billion dollars available to Nigeria under the project titled: Nigeria Distribution Sector Recovery Program. We would be grateful for details of any transparency and accountability mechanisms under the agreement for the release of funds, including whether there is any provision that would allow Nigerians and civil society to monitor the spending of the money by the government, its agencies, and electricity distribution companies.”

SERAP also said: “Should the Bank fail and/or refuse to release the information and documents as requested, SERAP would file an appeal to the Secretariat of the Bank’s Access to Information Committee to challenge any such decision, and if it becomes necessary, to the Access to Information Appeals Board. SERAP may also consider other legal options outside the Bank’s Access to Information framework.”

The letter copied to Shubham Chaudhuri, World Bank Country Director for Nigeria, read in part: “SERAP believes that releasing the information and documents would enable Nigerians and civil society to meaningfully engage in the implementation of electricity projects funded by the Bank, contribute to the greater public good, and enhance the Bank’s oft-stated commitment to transparency and accountability.”

“The World Bank has been and continues to be involved in overseeing the transfer, disbursement, spending of funds on electricity projects in Nigeria. The Bank also reportedly approved a $750 million loan for Nigeria’s electricity sector in June 2020 to cut tariff shortfalls, protect the poor from price adjustments, and increase power supply to the grid. As such, the World Bank is not a neutral party in this matter.”

“SERAP is seriously concerned that the funds approved by the Bank are vulnerable to corruption and mismanagement. The World Bank has a responsibility to ensure that the Nigerian authorities and their agencies are transparent and accountable to Nigerians in how they spend the approved funds for electricity projects in the country, and to reduce vulnerability to corruption and mismanagement.”

“SERAP also believes that the release of the requested information and documents is of paramount important to the public interest in preserving the legitimacy, credibility and relevance of the Bank as a leading international development institution. The Bank ought to lead by example in issues such as transparency and public disclosure raised in this request.”

“It would also demonstrate that the Bank is willing to put people first in the implementation of its development and governance policies and mandates, as well as remove any suspicion of the Bank’s complicity in the alleged mismanagement of electricity projects-related funds.”

“The information is also being sought to improve the ongoing fight against corruption in the country and the provision of regular and uninterrupted electricity supply to Nigerians as a fundamental human right.”

“The information requested is not affected by the “deliberative” “corporate administrative matters” or “security and safety” exceptions under the Policy. The information requested is crucially required for Nigerians to know how the funds released to the authorities to improve electricity supply in the country have been spent, and monitor how the funds are being used.”

“SERAP’s report, titled: From darkness to darkness: How Nigerians are paying the price for corruption in the electricity sector documents widespread and systemic corruption in the electricity sector, and reveals how about N11 trillion electricity fund was squandered by successive administrations in Nigeria since the return of democracy in 1999.”

“This report raises specific questions of public interest, and the World Bank ought to be concerned about how Nigerian authorities are addressing reports of widespread and systemic corruption in the electricity sector, and to seek some answers from the authorities on the problems.”

“However, as the report shows, the Bank’s funding of the electricity sector has not resulted in corresponding access of Nigerians to regular and uninterrupted electricity supply. Successive governments have failed to provide access to regular and reliable electricity supply to millions of the citizens despite budgeting trillions of naira for the power sector.”

“Millions of Nigerians still lack access to free pre-paid meters. Authorities continue to use patently illegal and inordinate estimated billing across the country, increasing consumer costs, and marginalizing Nigerians living in extreme poverty, disproportionately affecting women, children and the elderly.”

SERAP therefore urged Mr Malpass to:

1. Disclose and release information and documents relating to spending of funds approved and released to Nigeria between 1999 and 2020 to improve access to regular and uninterrupted electricity supply, including copies of supervision reports, periodic reviews and other appropriate reports on the Bank’s role in the spending and disbursement of the funds, as well as specific projects on which the funds have been spent;

2. Disclose implementation status and results and completion reports on the electricity projects that the Bank has so far funded in Nigeria;

3. Disclose information on the of level of involvement of World Bank in the implementation of electricity projects between 1999 and 2020;

4. Disclose information on agreements and the mechanisms the Bank is putting in place to ensure transparency and accountability in the spending of all funds on electricity projects in Nigeria;

5. Disclose the terms and conditions of all electricity projects related funds that have been approved for Nigeria between 1999 and 2020

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 allegations that N4.4 billion of public money budgeted for the National Assembly is missing, misappropriated, diverted or stolen, as documented in three audited reports by the Office of the Auditor-General of the Federation.”

In the open letter dated 30 January 2021 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “By exercising strong and effective leadership in this matter, the National Assembly can show Nigerians that the legislative body is a proper and accountable watchdog that represents and protects the public interest, and is able to hold both itself and the government of President Muhammadu Buhari to account in the management of public resources.”

SERAP said: “If not satisfactorily addressed, these allegations would also undermine public confidence in the ability of the National Assembly to exercise its constitutional and oversight responsibilities to prevent and combat corruption, and to ensure the public interest, transparency and accountability in the management of public resources.”

SERAP expressed concern that “these allegations of corruption, mismanagement and misappropriation of public funds amount to fundamental breaches of the Nigerian Constitution of 1999 [as amended] and the country’s international obligations, including under the UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption.”

The letter, read in part: “Any failure to promptly, thoroughly and independently investigate these serious allegations, prosecute suspected perpetrators, and recover missing public funds and assets would undermine public trust in the ability of the leadership of the National Assembly to ensure probity, transparency and accountability in the management of public funds.”

“The Auditor-General noted in his 2015 report that the National Assembly account was spent N8,800,000.00 as unauthorised overdraft, contrary to Financial Regulations 710. The National Assembly also reportedly spent N115,947,016.00 without any documents. Another N158,193,066.00 spent as cash advances to 17 staff between January and June 2015 is yet to be retired.”

“The Senate reportedly spent N186,866,183.42 to organise Senate Retreat and Pre-Valedictory Session for the 7th Senate, although the money was meant to pay vehicle loan. The Senate also reportedly spent N15,964,193.63 as bank charges between July and December, 2015, contrary to Financial Regulations 734.”

“The House of Representatives also reportedly spent N624,377,503.30 to buy 48 Utility Vehicles. However, 14 vehicles were not supplied. The House also failed to make the 34 vehicles supplied available for verification. Similarly, the House spent N499,666,666.00 as cash advances to staff to carry out various assignments but has failed to retire the money.”

“The House of Representatives also reportedly paid N70,560,000.00 as overtime and ‘special’ allowances to officials who are not legislative aides between November and December 2015 without any authority.”

“The National Assembly Service Commission reportedly failed to remit N30,130,794.10 deducted from the salaries of the Executive Chairman and the Commissioners as car loan.”

“The National Assembly Budget and Research Office reportedly spent N66,303,411.70 as out-of-pocket expenses without any documents. The National Institute for Legislative and Democratic Studies paid N246,256,060.51 by cheques, despite the prohibition of payments by cheque by the Federal Government, except in extreme cases, and contrary to Financial Regulation 631.”

“According to the Auditor-General Report for 2017, the House of Representatives reportedly spent ₦95,212,250.00 without due process and without any documents. The National Assembly Management Account also reveals that N673,081,242.14 was spent between April and October 2017 without any documents. The Auditor-General reported that the funds may have been misappropriated.”

“The Senate Account also reportedly shows that ₦1,364,816,397.95 was spent on store items without any documents to show for the spending. The Auditor-General stated that his office was denied access to the store and to the Senate’s records.”

“The National Institute for Legislative and Democratic Studies also reportedly failed to remit ₦2,181,696.50 from contract of goods and services. The Institute also paid ₦67,296,478.00 without any payment vouchers.”

“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, 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 Auditor-General also noted in his 2018 report that the National Institute for Legislative and Democratic Studies failed to remit N577,634,638,20 due from contracts and supplies, even though the deductions were made. However, the Institute claimed that it was the National Assembly that was required to remit the money, as it is the body that maintains the account on behalf of the Institute.”

“Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution 1999 [as amended], the country’s international obligations including under the UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption. Nigeria has ratified both treaties.”

The letter is copied to Mr Abubakar Malami SAN, Attorney General of the Federation and Minister of Justice; Professor Bolaji Owasanoye, Chairman Independent Corrupt Practices and Other Related Offences Commission (ICPC); and Mr Moham

Socio-Economic Rights and Accountability Project (SERAP) has urged Ms Sadia Umar-Farouk, Minister of Humanitarian Affairs, Disasters Management and Social Development to “publish details of proposed payments of N729bn to 24.3 million poor Nigerians for six months, including the mechanisms and logistics for the payments, list of beneficiaries, and how they have been selected, projected payments per state, and whether the payments will be made in cash or through Bank Verification Numbers or other means.”

SERAP also urged her to “explain the rationale for paying N5,000 to 24.3 million poor Nigerians, which translates to five-percent of the country’s budget of N13.6 trillion for 2021, and to clarify if this proposed spending is part of the N5.6 trillion budget deficit.”

Ms Sadia Umar-Farouk had last week disclosed that the Federal Government would pay about 24.3 million poor Nigerians N5,000 each for a period of six months to “provide help to those impoverished by the COVID-19 pandemic.”

In the Freedom of Information request dated 23 January 2021 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Publishing the details of beneficiaries and selection criteria, as well as the payment plan for six months would promote transparency and accountability, and remove the risks of mismanagement and diversion of public funds.”

SERAP said: “Transparency and accountability in the programme would improve public trust, and allow Nigerians to track and monitor its implementation, and to assess if the programme is justified, as well as to hold authorities to account in cases of diversion, mismanagement and corruption.”

SERAP also urged Ms Umar-Farouk to: “invite the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and Other Related Offences Commission (ICPC) to jointly track and monitor the payments.”

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

“Providing support and assistance to socially and economically vulnerable Nigerians is a human rights obligation but the programme to spend five-percent of the 2021 budget, which is mostly based on deficit and borrowing, requires anti-corruption safeguards to ensure the payments go directly to the intended beneficiaries, and that public funds are not mismanaged or diverted.”

“SERAP notes that the Nigerian Constitution of 1999 [as amended], UN Convention against Corruption, and African Union Convention on Preventing and Combating Corruption to which Nigeria is a state party require the government to set the highest standards of transparency, accountability and probity in programmes that it oversees.”

“The government has a responsibility to ensure that these requirements and other anti-corruption controls are fully implemented and monitored, and that the payments are justified in light of the huge budget deficit and borrowing, and whether there are better ways to spend N729bn to support poor Nigerians.”

“Several questions remain as to the implementation and monitoring mechanisms for the payments, and whether this is the best and most effective way to spend N729bn to support socially and economically vulnerable Nigerians.”

“Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution 1999 [as amended], the Freedom of Information Act, and UN Convention against Corruption, African Union Convention on Preventing and Combating Corruption, and African Charter on Human and Peoples’ Rights to which Nigeria is a state party.”

“By Section 1 (1) of the Freedom of Information (FoI) Act 2011, and Article 9 of the African Charter on Human and Peoples’ Rights, SERAP is entitled as of right to request for or gain access to information, including information on details of beneficiaries of the direct payments of N729bn.”

“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 seven 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 including information on details of payments of N729bn to N24.3 million poor and vulnerable Nigerians 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 sent an open letter to President Muhammadu Buhari urging him to use his leadership position “to promptly drop the plan by the Federal Government to borrow about N895bn of unclaimed dividends and funds in dormant accounts using the patently unconstitutional and illegal Finance Act, 2020, and to ensure full respect for Nigerians’ right to property.”

The Finance Act, signed into law by Buhari last December, would allow the government to borrow unclaimed dividends and dormant account balances owned by Nigerians in any bank in the country.

But SERAP in a letter dated 9 January 2021 and signed by its deputy director Kolawole Oluwadare said: “The right to property is a sacred and fundamental right. Borrowing unclaimed dividends and funds in dormant accounts amounts to an illegal expropriation, and would hurt poor and vulnerable Nigerians who continue to suffer under reduced public services, and ultimately lead to unsustainable levels of public debt.”

SERAP said: “The right to property extends to all forms of property, including unclaimed dividends and funds in dormant accounts. Borrowing these dividends and funds without due process of law, and the explicit consent of the owners is arbitrary, and as such, legally and morally unjustifiable.”

According to SERAP: “The borrowing is neither proportionate nor necessary, especially given the unwillingness or inability of the government to stop systemic corruption in ministries, departments and agencies [MDAs], cut waste, and stop all leakages in public expenditures. The borrowing is also clearly not in pursuit of a public or social interest.”

The letter, read in part: “The security of property, next to personal security against the exertions of government, is of the essence of liberty. It is next in degree to the protection of personal liberty and freedom from undue interference or molestation. Our constitutional jurisprudence rests largely upon its sanctity.”

“Rather than pushing to borrow unclaimed dividends and funds in dormant accounts, your government ought to move swiftly to cut the cost of governance, ensure review of jumbo salaries and allowances of all high-ranking political office holders, and address the systemic corruption in MDAs, as well as improve transparency and accountability in public spending.”

“The borrowing also seems to be discriminatory, as it excludes government’s owned official bank accounts, and may exclude the bank accounts of high-ranking government officials and politicians, thereby violating constitutional and international prohibition of discrimination against vulnerable groups, to allow everyone to fully enjoy their right to property and associated rights on equal terms.”

“SERAP is concerned that the government has also repeatedly failed and/or refused to ensure transparency and accountability in the spending of recovered stolen assets, and the loans so far obtained, which according to the Debt Management Office, currently stands at $31.98 billion.”

“SERAP notes growing allegations of corruption and mismanagement in the spending of these loans and recovered stolen assets.”

“We would be grateful if your government would drop the decision to borrow unclaimed dividends and funds in dormant accounts, and to indicate the measures being taken to send back the Finance Act to the National Assembly to repeal the legislation and remove its unconstitutional and unlawful provisions, including Sections 60 and 77, 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, the Registered Trustees of SERAP shall take all appropriate legal actions to compel your government to implement these recommendations in the public interest, and to promote transparency and accountability in public spending.”

“The government cannot lawfully enforce the provisions on Crisis Intervention Fund and Unclaimed Funds Trust Fund under the guise of a trust arrangement, as Section 44(2)[h] of the Nigerian Constitution 1999 [as amended] is inapplicable, and cannot justify the establishment of these funds.”

“SERAP notes that while targeting the accounts of ordinary Nigerians, the Finance Act exempts official bank accounts owned by the federal government, state government or local governments or any of their ministries, departments or agencies.”

“Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution, the country’s international human rights obligations including under the African Charter on Human and Peoples’ Rights to which Nigeria is a state party, and which has been domesticated as part of the country’s domestic legislation.”

“According to our information, your government has reportedly completed plans to borrow an estimated N895bn of unclaimed dividends and funds in dormant accounts using the Finance Act 2020 you recently signed into law.”

“Under the law, the government will be able to access and take without consent unclaimed dividends and funds in dormant accounts in any bank, on the basis of the vague and undefined ‘Crisis Intervention Fund,’ and patently unlawful ‘Unclaimed Funds Trust Fund’.”

“The government is justifying the borrowing on the ground that it would improve access of the Federal Government to much needed funds, and remove the burdens of foreign exchange and punitive loan conditions imposed by multilateral lenders.”

“According to the Finance Act, the operation of the trust fund is to be supervised by the Debt Management Office (DMO) and governed by a governing council chaired by the finance minister and a co-chairperson from the private sector appointed by you.

“The Nigerian Constitution in Section 44(1) provides that, ‘no moveable property or any interest in an immovable property shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for the purposes prescribed by a law.’”

“Similarly, Article 14 of the African Charter on Human and Peoples' Rights, and Article 17 of the Universal Declaration of Human Rights guarantee the right to property, and prohibit the arbitrary deprivation of the right. Thus, everyone is entitled to own property alone as well as in association with others.”

“Respect for the right to property is important to improve the enjoyment of other basic human rights, and to lift Nigerians out of poverty. The Nigerian Constitution and international human rights law limit the ability of any government to interfere with private property without any legal justifications.”

The letter is copied to Mr Abubakar Malami, SAN, Attorney General of the Federation and Minister of Justice, and Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning.

Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari “to direct the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, SAN, and appropriate anti-corruption agencies to probe allegations that N3,836,685,213.13 of public funds meant for the Federal Ministry of Health, teaching hospitals, medical centres, and National Food Drug Administration and Control (NAFDAC) are missing, mismanaged, diverted or stolen.”

The organization said the allegations are documented in Part 1 of the 2018 audited report released last week by the Office of the Auditor-General of the Federation.

The organization is also urging him to “promptly investigate the extent and patterns of widespread corruption in the Federal Ministry of Health, teaching hospitals, medical centres, neuro-psychiatric hospitals, National Health Insurance Scheme, and NAFDAC indicted in the audited report, and to clean up an apparently entrenched system of corruption in the health sector.”

In the letter dated 2 January 2021 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Corruption in the health sector can cause serious harm to individuals and society, especially the most vulnerable sectors of the population. These missing funds could have been used to provide access to quality healthcare for Nigerians, and meet the requirements of the National Health Act, especially at a time of the COVID-19 pandemic.”

According to SERAP, “The Federal Ministry of Health, Abuja spent without approval N13,910,000.00 to organize a 2-day Training and Bilateral discussion with Chief Medical Directors and Chairmen Medical Advisory Council and the Ministry of Budget and National Planning to prepare 2019 Personnel Budget. ₦4,860,000.00 was originally budgeted for the programme.”

SERAP said: “The National Food Drug Administration and Control (NAFDAC) paid N48,885,845.00 for services not rendered and goods not supplied. According to the Auditor-General, NAFDAC used fake and fictitious receipts for these payments. NAFDAC also paid N25,734,018.49 to companies/firms who were never awarded any contracts and never executed them.”

The letter, read in part: “Investigating and prosecuting the allegations of corruption by these institutions would improve the chances of success of your government’s oft-repeated commitment to fight corruption and end the impunity of perpetrators, as well as serve the public interest.”

“Any failure to promptly investigate the allegations and prosecute suspected perpetrators, and to recover the missing public funds would breach Nigeria’s anti-corruption legislation, the Nigerian Constitution of 1999 (as amended), the UN Convention against Corruption, and the International Covenant on Economic, Social and Cultural Rights to which Nigeria is a state party.”

“Similarly, the Neuro-Psychiatric Hospital Management Board Aro-Abeokuta, Ogun State failed to account for N28,662,265.32, which was to be used to procure drugs, implants, and other inputs, as approved by the Federal Government. The Auditor-General wants the money returned to the treasury.”

“The National Health Insurance Scheme spent N355,510,475.00 on projects between 2016 and 2017 without appropriation. The Scheme also spent N32,299,700.00 to provide ‘financial medical assistance’ to individuals who have not been enrolled into the scheme (NHIS).”

“The Scheme also spent N72,383,000.00 on verification exercise without any supporting documents. The Scheme awarded contracts of N66,798,948.12 to members of staff for procurements, instead of making the procurement through award of contracts.”

“The Federal Neuro-Psychiatric Hospital Enugu, Enugu State paid N5,200,000.00 as salary advance to the Medical Director. However, the Medical Director was neither proceeding on transfer, on posting nor on first appointment to qualify for salary advance. The Auditor-General is asking the Medical Director to refund the money collected. Another N3,387,139.00 is said to be missing but the Hospital management has failed to report the case, or recover the money.”

“The Irreal Specialist Teaching Hospital, Irrua Edo State paid N58,829,426.84 to two contractors for supplies and installations but without payment vouchers.”

“Also, Jos University Teaching Hospital Jos, Plateau State failed to remit N333,386,549.15 being 25% of its internally generated revenue of N1,333,546,196.60 to the Consolidated Revenue Fund. The Hospital also failed to account for N8,572,777.25.”

“The Lagos University Teaching Hospital, Lagos, failed to remit ₦945,422,478.23 to appropriate tax authority. The Hospital also failed to remit ₦237,007,828.05 to the Consolidated Revenue Fund, and failed to remit ₦22,307,735.21 being withholding tax deducted from contracts in 2018.”

“The Federal Medical Centre, Owerri, Imo State also failed to remit ₦8,519,506.75 being 25% of its internally generated revenue to the Consolidated Revenue Fund. The Medical Centre also spent ₦542,877,312.77 as personnel cost between 2015 and 2016 instead of ₦12,761,350,337.00 appropriated for the same period.

“The Medical Centre failed to account for ₦898,076,719.14 of its internally generated revenue, and failed to account for ₦23,598,074.38 of personnel cost. The National Primary Health Care Development Agency, Abuja spent without approval N19,564,429.91 as estacode allowance to various staff of the Agency.”

“The Federal School of Occupational Therapy, Oshodi, Lagos failed to remit ₦3,250,962.98 of its internally generated revenue for 2018 to the Consolidated Revenue Fund. The School also failed to remit N4,018,252.81 being funds deducted from various contracts. It spent ₦10,507,393.00 without any appropriation or approval.”

“The Federal Medical Centre, Keffi Nasarawa State failed to remit N2,147,036.00 of its internally generated revenue to the Consolidated Revenue Fund. It also failed to remit N5,810,438.05 to the Federal Inland Revenue Service.”

“The Medical and Dental Council of Nigeria failed to remit N68,604,040.68 of its internally generated revenue to the Consolidated Revenue Fund.”

“Allegations of corruption in the health sector undermine public confidence in the sector, and obstruct the attainment of commitments made through Sustainable Development Goals, in particular Goal 16 to create effective and accountable institutions. The allegations also show that Nigeria is failing to fulfil the obligations to use its maximum available resources to progressively realize and achieve basic healthcare services for Nigerians.”

“We would be grateful if your government 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, the Registered Trustees of SERAP shall take all appropriate legal actions to compel your government to implement these recommendations in the public interest, and to promote transparency and accountability in the health sector.”

The letter is copied to Mr Abubakar Malami, Dr Osagie Ehanire, Minister of Health, and Professor Bolaji Owasanoye, Chairman Independent Corrupt Practices and Other Related Offences Commission (ICPC).

Socio-Economic Rights and Accountability Project (SERAP) has sent Freedom of Information requests to President Muhammadu Buhari and 36 state governors urging them to “disclose details of proposed ‘security votes’ spending in your 2021 appropriation bills to ensure the security and welfare of Nigerians, and to explain the measures your governments are putting in place to prevent the misuse and embezzlement of public funds in the name of security votes.”

SERAP said: “In the wake of the abduction of over 300 students from the Government Science Secondary School, Kankara, Katsina State, and ongoing security challenges in several parts of the country, the time has come to demonstrate transparency and accountability in the spending of public funds meant to secure people’s lives and property.”

In the FoI requests dated 26 December, 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Disclosing details of spending as security votes for 2021 would serve to engage the Nigerian people in an honest conversation about the security challenges confronting the country, and what the federal and state governments are doing to respond to them. This is a legitimate public interest matter.”

SERAP also said: “While SERAP understands that authorities may keep certain matters of operational secrets from the people in the name of national security, there is no constitutional or legal basis to hide basic information on public spending from the people.”

SERAP expressed “concerns that the intense secrecy and lack of meaningful oversight of the government's spending of security votes have for many years contributed to mismanagement and large-scale corruption in the sector, as well as limited the ability of the people to hold high-ranking public officials to account for their constitutional responsibility to ensure the security and welfare of the people.”

According to SERAP: “Your government’s responsibility to guarantee and ensure the security and welfare of the Nigerian people is closely interlinked with your responsibility under Section 15(5) of the Nigerian Constitution 1999 [as amended] to abolish all corrupt practices and abuse of office. This imposes a fundamental obligation to promote transparency and accountability in security votes spending, and to remove opportunities for corruption.”

The FoI requests, read in part: “Nigerians have the right to know what the government is doing in their name. The framers of the Nigerian Constitution never contemplated opaque spending of public funds as security votes. Transparency and accountability would ensure that the policies and action that the government will pursue to guarantee the security of Nigerians are truly relevant and effective in keeping them safe.”

“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, SERAP shall take all appropriate legal action under the Nigerian Constitution, the Freedom of Information Act, the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights to compel you to comply with our request.”

“Successive governments have failed to effectively discharge their primary and constitutional responsibility to protect the lives and property of Nigerians. This is patently contrary to Section 14(2)(b) of the Nigerian Constitution, which provides that ‘the security and welfare of the people shall be the primary purpose of government.’”

“Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution, 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. Nigeria has ratified both human rights treaties.”

“By the combined reading of the provisions of the Nigerian Constitution, Freedom of Information Act 2011, International Covenant on Civil and Political Rights, and African Charter on Human and Peoples’ Rights, applicable throughout Nigeria, there are transparency obligations imposed on your government to disclose information to the public concerning your proposed security votes spending for 2021.”

“The Nigerian Constitution, Freedom of Information Act, and the human rights treaties rest on the principle that citizens should have access to information regarding their government's activities.”

Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “instruct the Minister of Communications and Digital Economy, Mr Isa Pantami, and Director-General of the National Identity Management Commission, (NIMC) Mr Aliyu Abubakar to stop the push for registration of Nigerians for National Identity Number (NIN), and withdraw the threat to block SIM cards, as the data being sought already exist in several platforms, including the Bank Verification Numbers (BVN), driver’s license, international passport, and voters’ card.”

The organization also urged him “to instruct Mr Pantami and Mr Abubakar to take concrete measures to promptly ensure that the NIMC is able to faithfully and effectively discharge its statutory functions to harmonize and integrate existing identification databases in government agencies into the National Identity Database, and to use the information to update SIM card registration.”

The Federal Government had threatened that SIM cards not linked to NIN by 30 December, 2020 would be blocked, and that telecom service providers that failed to block phone numbers without NIN would have their operating licences withdrawn.

But SERAP in a letter dated 19 December, 2020 and signed by its deputy director Kolawole Oluwadare said: “No government has the right to strip its own people of their basic rights under the guise of registration for national identity number. If the authorities continue down this path, the threats to citizens’ rights such as the rights to freedom of expression and access to information, will inevitably increase, and the NIMC will remain a paper tiger.”

SERAP said: “Instead of forcing Nigerians to register, threatening telecom service providers with sanctions, and exposing Nigerians to the risks of COVID-19, your government ought to make sure that the NIMC discharges its statutory functions to harmonize and integrate existing identification databases in government agencies, and make use of the information collected.”

According to SERAP: “The request for Nigerians to register for NIN is burdensome, unjustified and unnecessary. It would end up serving no other purpose than to threaten and violate the rights of Nigerians, and create a ‘chilling effect’ on citizens’ ability to participate in the fight against corruption in the country, and thereby seriously undermining the government’s oft-repeated commitment to transparency and accountability.”

The letter, read in part: “There is neither a pressing legal or practical need for this registration, which threatens Nigerians’ human rights, especially at a time your government is warning Nigerians about the second wave of the COVID-19 outbreak in the country.”

“Blocking Nigerians from using their SIM cards would amount to a blatant violation of their rights to freedom of expression and access to information, and have a ‘chilling effect’ on the enjoyment of other human rights.”

“We would be grateful if your government would indicate the measures being taken to stop the unnecessary registration of NIN, withdraw the threat to block SIM cards, and take concrete measures to promptly ensure that the NIMC is able to faithfully discharge its statutory functions to harmonize and integrate existing identification databases in government agencies into the National Identity Database, within 7 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 your government to implement these recommendations in the interest of millions of Nigerians.”

“One of the stated purposes of NIMC as elaborated in section 5 [a] of the NIMC Act is to harmonise and integrate existing identification databases in government agencies into a national identity database. If the NIMC cannot perform this important statutory duty, then it has failed to achieve an obvious part of its legislative purpose.”

“This push for registration will place a substantial burden on the exercise of human rights by Nigerians. It is also patently contrary to the objectives of the Nigerian Communications Commission (NCC) as contained in Section 1[g] of the Nigerian Communications Act 2003, which is to protect the rights and interest of service providers and consumers within Nigeria.’”

“These rights presumably include the rights to freedom of expression, access to information, life and personal security. The enjoyment of these rights forms the basis for a free and democratic society. A democratic government based on the rule of law is one that is responsible to its citizenry and seeks to represent their interests.”

“The push for registration for NIN is a bad initiative, and cannot find support in existing laws, the Nigerian Constitution of 1999 [as amended] and the country’s international human rights obligations.”

“SERAP notes that the information on individuals currently being sought by your government already exist in several platforms, including through multiple citizen’s collection data platforms such as the Bank Verification Numbers (BVN), international passport, driver’s license, SIM card registration and voters’ card.”

“This point is buttressed by Section 5 [h] of the NIMC Act 2007, which provides that: ‘the Commission shall establish and maintain secured communication links with any existing relevant identity related database or agency’”.

“The statutory duty to harmonize and integrate existing data for the purposes of NIN and SIM card registration should not be difficult to carry out, as the Nigeria Immigration Service, Independent National Electoral Commission (INEC), Central Bank of Nigeria (CBN), and Federal Road Safety Corps (FRSC) are already members of the Board of the NIMC by virtue of section 2[1][b] of the NIMC Act.”

“Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution 1999, 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. Nigeria has ratified both human rights treaties.”

“According to our information, your government has issued a two-week ultimatum for the registration and linking of National Identity Number (NIN) to mobile numbers across the country.”

“The NCC has also reportedly directed telecom service providers to block phone numbers without NIN while Mr Abubakar has stated that there would be no extension for the announced deadline ending 30 December, 2020.”

“Your government has also reportedly threatened that, ‘After the deadline, all SIMs without NINs are to be blocked from the networks. Violations of this directive will be met by stiff sanctions, including the possibility of withdrawal of operating license.’”

The letter is copied to Mr Abubakar Malami SAN, Attorney General of the Federation and Minister of Justice, Mr Pantami, and Mr Abubakar.

Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari and Mr Timipre Sylva, Minister of State for Petroleum Resources to use their leadership positions “to urgently probe how N116 million was spent by your Ministry to buy biros, letterhead and toners in 2015, and to disclose the amount spent on the same items between 2016 and 2020, and if there is evidence of misuse of public funds, refer the matter to appropriate anti-corruption agencies for prosecution.”

The Office of the Auditor-General for the Federation had last Thursday before the Senate Public Accounts Committee revealed that officials of the Federal Ministry of Petroleum Resources spent N116m to buy biros, letterhead and toners in one year, and alleged “contravention of the Public Procurement Act 2017 by the Permanent Secretary.”

In the letter dated 12 December 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “The Nigerian Constitution of 1999 [as amended], the UN Convention against Corruption and African Union Convention on Preventing and Combating Corruption require the government to ensure that Nigeria’s resources are used effectively and efficiently, and in a manner consistent with the public interest.”

SERAP said: “An effective and efficient ministry ought to keep careful track of how it spends public money, and put in place a system to eliminate corruption, mismanagement, unnecessary, inefficient, or unreasonable expenditures.”

According to SERAP: “Transparency and openness in the spending by your Ministry would ensure the public trust, efficient, effective and competent delivery of public goods and services. Openness in the spending by your Ministry will also strengthen the country’s democracy and promote efficiency and integrity in government.”

The letter copied to Mr Abubakar Malami, SAN, read in part: “Any allegations of misuse of public funds may constitute serious misconduct that impairs the efficiency of your Ministry, and undermines public confidence in the ability of ministries, departments and agencies [MDAs] to provide essential public goods and services to Nigerians.”

“SERAP is concerned that the allegations by the Office of the Auditor-General raises serious violations of anti-corruption legislation, the Nigerian Constitution and international anti-corruption standards.”

“Public officials and MDAs should act and take decisions on the spending of public funds in an open, transparent and accountable manner, and submit themselves to the scrutiny necessary to ensure this.”

“A democratic government accountable to the people must be as transparent as possible and must not withhold information for self-serving reasons or simply to avoid embarrassment.”

“We would therefore be grateful if you would indicate the measures being taken to probe the spending of N116m on biros, letterhead and toners in 2015, and disclose the total amount spent on the same items between 2016 and 2020 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, the Registered Trustees of SERAP shall take all appropriate legal actions to compel your Ministry to implement these recommendations in the interest of transparency and accountability.”

“The Federal Ministry of Petroleum Resources has a legal obligation to conduct an effective investigation into any allegations of breach of anti-corruption legislation and international standards, including those relating to the spending by the Ministry on biros, letterhead and toners between 2015 and 2020.”

“Our requests are consistent with the government’s repeated promise of transparency, and in keeping with the requirements of the Nigerian Constitution, national anti-corruption legislation, Freedom of Information Act, and Nigeria’s international obligations, including under the UN Convention against Corruption, and the African Union Convention on Preventing and Combating Corruption.”

“According to our information, the 2015 report of the Auditor General for the Federation shows that officials of the Federal Ministry of Petroleum Resources spent N116m to buy biros, letterhead and toners in one year.”

“The breakdown of the expenditure showed that the ministry spent N14.5m to purchase Schneider biros, N46m to print the ministry’s letterhead and N56m to procure toner for its photocopy machines.”

“According to the Office of the Auditor-General, ‘the contract for the supply of Schneider biros worth N14.5m was split into smaller packages of less than N5m each and was awarded to four different companies in order to circumvent the permanent secretary’s approval threshold of N5m.’”

“’The contract for the printing of the ministry’s letterhead worth N46m was also split and awarded to 11 different contractors. The contract for the supply of toners worth N56m was split and awarded to seven different contractors.’”

“The Office of the Auditor-General has also reportedly told the Senate Public Accounts Committee that the permanent secretary has failed and/or refused to “explain this contravention of the Public Procurement Act 2007.”

Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to President Muhammadu Buhari urging him to use his “good offices and leadership position to urgently instruct the Director-General and Board of the National Pension Commission [NPC] to use their statutory powers to stop the 36 state governors from borrowing and/or withdrawing N17 trillion from the pension funds purportedly for ‘infrastructural development.’”

The governors last week reportedly proposed to borrow around N17 trillion from the pension funds after receiving a briefing from the Kaduna State Governor, Mallam Nasir el-Rufai, who is the Chairman of the National Economic Council Ad Hoc Committee on Leveraging Portion of Accumulated Pension Funds for Investment in the Nigeria Sovereign Investment Authority [NSIA].

But in a letter dated 5 December 2020, and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Allowing the governors to borrow from pension funds would be detrimental to the interest of the beneficiaries of the funds, especially given the vulnerability of pension funds to corruption in Nigeria, and the transparency and accountability deficits in several states.”

SERAP said: “It is patently unjust and contrary to the letter and spirit of the Nigerian Constitution 1999 [as amended], the Pension Reform Act, and the country’s international anti-corruption and human rights obligations for the Federal Government and state governors to repeatedly target pension funds as an escape route from years of corruption and mismanagement in ministries, departments and agencies [MDAs].”

SERAP expressed “serious concerns that the proposed borrowing by the 36 state governors from the pension funds would lead to serious losses of retirement savings of millions of Nigerians.”

The letter copied to the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, SAN, read in part: “This proposed borrowing faces the risks of corruption and mismanagement, and would ultimately deny pensioners the right to an adequate standard of living and trap more pensioners in poverty. Rather than devising ways to address pensioner poverty, governments at all levels would seem to be pushing to exacerbate it.”

“Allowing the governors to borrow money from the pension funds would amount to a fundamental breach of constitutional provisions, the Pension Reform Act, and Nigeria’s international obligations, as well as fiduciary duties imposed by these legal instruments on all public officers to prevent pension funds from unduly risky investments, and to ensure transparency and accountability in the management of pension funds.”

“We would be grateful if your government would indicate the measures being taken to instruct the NPC to stop the 36 state governors from borrowing and withdrawing any money from the pension funds 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, the Registered Trustees of SERAP shall take all appropriate legal actions to compel your government to implement these recommendations in the interest of millions of Nigerian pensioners.”

“It would also be very difficult to hold state governors to account for the spending of pension funds, as states have persistently failed to account for the spending of public funds including security votes.”

“Transparency is a key instrument in the spending of any pension fund investment, as it is necessary to ensure the accountability of the funds. However, several states routinely claim that the Freedom of Information Act is not applicable within their states.”

“Pension funds should not be used to make up for the failure of governments at all levels to cut the cost of governance, and the persistent refusal to reduce wastage and corruption in MDAs, as well as failure to obey court orders to recover life pensions collected by former governors and their deputies, and public funds collected by corrupt electricity contractors who disappeared with the money without executing any power projects.”

“Many state governors have repeatedly failed to pay workers’ salaries and pensions; several states are failing to pay contributory pension. Therefore, allowing state governors to collect a windfall of pension funds at the expense of pensioners who continue to be denied the fruit of their labour would amount to double jeopardy.”

“Fiduciary duties require public officers to ensure that pension funds are managed solely and exclusively for the benefit of pensioners, and to consider the socio-economic and human rights impact of pension investment decisions on the intended beneficiaries.”

“Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution 1999 [as amended], the Pension Reform Act 2014, and Nigeria’s international obligations, including under the UN Convention against Corruption, and the International Covenant on Economic, Social and Cultural Rights.”

“Your government has a legal obligation under articles 1 and 5 of the UN Convention against Corruption to prevent and combat corruption effectively, to promote integrity, accountability and proper management of public affairs and public property, including pension funds.”

“Public confidence and accountability in public administration are instrumental to the prevention of corruption and greater efficiency. Article 10 requires Nigeria to take measures to enhance transparency in its public administration relative to its organization, functioning, decision-making processes and/or other aspects, including pension fund investment. Nigeria has ratified the convention.”

“Under section 85 of the Pension Reform Act, pension funds and assets can only be invested in accordance with the regulations set by the NPC. Section 100 prohibits mismanagement or diversion of pension funds. Therefore, the proposed borrowing by governors from the pension funds is implicitly inconsistent and incompatible with the letter and spirit of the Act, and with Nigeria’s international obligations.”

“Several states have also failed to observe Convention No 29 on Forced Labour and other international standards on the right of workers to timely payment of salaries and pensions. Borrowing from the pension funds is also implicitly inconsistent with right to work recognized by various ILO instruments and article 6 of the International Covenant on Economic, Social and Cultural Rights, to which Nigeria is a state party.”

“The right to work is essential for realizing other human rights and forms an inseparable and inherent part of human dignity. The governors cannot on the one hand fail to pay workers’ salaries and pensions while on the other hand proposing to withdraw money from pension funds.”

Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to President Muhammadu Buhari urging him “to put the country’s resources at the service of human rights, and to support the less well-off to enjoy an adequate standing of living through cutting the cost of governance and implementing bold transparency and accountability measures in your government’s response to Nigeria’s second recession in five years.”

In the letter dated 21 November, 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “This economic crisis provides an opportunity to prioritise access of poor and vulnerable Nigerians to basic socio-economic rights, and to genuinely recommit to the fight against corruption. The country cannot afford getting back to business as usual.”

SERAP said: “Implementing human rights, transparency and accountability measures would save money, address projected adverse human rights impacts of the recession, and fast-track the economic recovery process. It is not too late to take urgent measures that would put the country’s wealth and resources to work for the common good of all Nigerians.”

According to SERAP: “Decades of mismanagement and corruption, and deep-seated deficiencies in public financial management have directly contributed to higher levels of borrowing and public debts, and consequently, the economic recession. Successive governments have squandered the promise afforded by the country’s natural wealth and resources.”

The letter, read in part: “The paltry resources Nigeria invests in essential public goods and services that would benefit ordinary Nigerians can be partly explained by the high spending of public funds to finance a life of luxury for members of the National Assembly, state governors, and other powerful politicians.”

“The country’s resources appear to have been used almost exclusively for the benefit of the political elites rather than on projects that would ensure the right to an adequate standard of living, the maximum welfare, prosperity, freedom and happiness of every citizen on the basis of social justice and equality.”

“SERAP is seriously concerned about the adverse consequences of the economic crisis on the human rights of poor and vulnerable Nigerians, including denying them access to essential public goods and services such as healthcare, education, clean water, and regular electricity supply.”

“We would be grateful if your government begins to implement the recommended action and measures 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 your government to implement these recommendations for the sake of human rights, transparency and accountability.”

“Nigeria has been poorly governed for many years, with systemic and widespread corruption at all levels of government, contributing to failures by successive governments to deliver essential public goods and services to Nigerians, contrary to the country’s constitution and human rights and anti-corruption obligations.”

“Huge budgetary allocations to fund security votes, renovate the National Assembly complex, pay jumbo salaries and allowances to members of the National Assembly, and life pensions to former governors and their deputies, as well as massive corruption in ministries, departments and agencies [MDAs] contribute to low provisions for health, education and other essential public goods and services.”

“Prioritising the human rights of poor and vulnerable Nigerians means providing public goods and services free of charge for those who cannot afford them. This is the time to prioritise poor and vulnerable Nigerians, and to ensure that any response to the recession goes well beyond bailing out large companies and banks.”

“Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution 1999 [as amended], and Nigeria’s international obligations, including under the UN Convention against Corruption, and the International Covenant on Economic, Social and Cultural Rights, as well as the UN Guiding principles on human rights impact assessments of economic reforms.”

“Your government ought to have taken full advantage of court judgments ordering the full recovery of stolen public funds, recovery of life pensions collected by former governors and their deputies, and mandating your government to hold to account corrupt electricity contractors and companies that collected billions of naira but disappeared with public funds without executing any projects.”

“The continuing failure to enforce these judgments has contributed to increasing level of borrowing, and in the process, the inability to fulfil the country’s anti-corruption and human rights obligations to progressively realize the human rights of poor and vulnerable Nigerians, including their rights to affordable and decent health care, clean water, adequate sanitation, and education.”

“As the National Bureau of Statistics stated, the country’s GDP recorded a negative growth of 3.62 per cent in the third quarter of 2020. The country had earlier recorded a 6.10 per cent contraction in the second quarter.”

“SERAP therefore urges you to prioritise citizens’ socio-economic rights and undertake comprehensive reform to stem grand corruption including in MDAs, hold corrupt electricity contractors to hold, fully recover all stolen public funds, and life pensions collected by former governors and their deputies, and ensure a transparent and accountable spending of any recovered public funds on projects that will directly benefit poor and vulnerable Nigerians.”

SERAP also urged President Buhari to:

1. Increase investment in public health, the healthcare system, education services, provision of clean water and other basic public goods and services that will benefit majority of the population;

2. Re-direct budgetary allocations to renovate the National Assembly complex and take urgent steps to ensure that essential public goods and services are available to poor and vulnerable Nigerians;

3. Improve transparency and quality of information in government budgets and reform public financial management to bring it in line with international standards, and safeguard the right of media and civil society to speak out against corruption and human rights abuses;

4. Direct the Revenue Mobilization Allocation and Fiscal Commission (RMAFC) to urgently undertake a downward review of remuneration and allowances of all political office holders including President, Vice-President state governors and their deputies, and members of the National Assembly, consistent with the provisions of paragraph N, 32[c][d] of the Third Schedule, Part 1 of the Nigerian Constitution;

5. Regularly and widely publish full accounts of projected and actual government revenues and expenditures;

6. Immediately instruct the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) to jointly investigate allegations of systemic and widespread corruption in MDAs, as documented by the Auditor-General of the Federation, and to ensure effective prosecution of those suspected to be involved, and recovery of any stolen public funds;

7. Ensure independence of the Office of the Auditor-General of the Federation

#EndSARS: SERAP, 261 others sue NBC, want court to overturn N9m fines on Channels, AIT, Arise TV

Socio-Economic Rights and Accountability Project (SERAP), 261 concerned Nigerians, civil society and media groups have filed a lawsuit against the National Broadcasting Commission [NBC] and Minister of Information and Culture, Mr Lai Mohammed, asking the court to “declare arbitrary, illegal, and unconstitutional the N9m fines imposed on Channels, AIT and Arise TV [N3m each] over their coverage of the #EndSARS protests, and to stop the NBC from collecting the money.”

The co-plaintiffs in the suit are 255 concerned Nigerians; Premium Times Services Limited; Centre for Journalism Innovation and Development; HEDA Resource Centre; International Centre for Investigative Reporting; African Centre for Media and Information Literacy; and Media Rights Agenda.

The acting Director-General of the NBC, Prof. Armstrong Idachaba, who is joined in the suit as Defendant, had last week announced fines of N9 million on Channels, AIT, and Arise TV for purported “unprofessional coverage” of the #EndSARS protests across the country.

But in the suit number FHC/ABJ/CS/1436/2020 filed last Friday at the Federal High Court, Abuja, the Plaintiffs are seeking: “an order setting aside the arbitrary, illegal and unconstitutional fines of N9 million and any other penal sanction unilaterally imposed by the NBC and Mr Lai Mohammed on Channels, AIT and Arise TV, and on any other radio/television stations simply for carrying out their professional and constitutional duties.”

The Plaintiffs are arguing that: “Section (2)(n) of the NBC Act and the Broadcasting Code are oppressive, and clearly inconsistent with the Nigerian Constitution and the country’s international obligations. If the NBC and Mr Lai Mohammed are allowed to continue to use these oppressive provisions against independent media in the guise of performing their statutory duties, the end result will be authoritarianism and denial of freedom and liberty.”

According to the Plaintiffs: “The NBC and Mr Lai Mohammed have consistently used broadcasting codes to suppress the watchdog roles of independent media, and to violate Nigerians’ human rights, including the rights to freedom of expression, to disseminate and receive information, and hold their government and public officials to account.”

The Plaintiffs said: “The action by the NBC and Mr Lai Mohammed is arbitrary, illegal and unconstitutional, as it is contrary to section 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, which Nigeria has ratified. Their action is apparently aimed to clampdown on media freedom and Nigerians’ human rights.”

The Plaintiffs are also seeking “an order setting aside the fine of N5 million and any other penal sanction unilaterally imposed by the NBC and Mr Lai Mohammed on Nigeria Info 99.3 FM Lagos, simply for carrying out its professional and constitutional duties.”

The suit filed on behalf of the Plaintiffs by their lawyers Kolawole Oluwadare, Adelanke Aremo and Opeyemi Owolabi, read in part: “A fine is a criminal sanction and only the court is empowered by the Constitution to impose it. Fine imposed by regulatory agencies like the NBC without recourse to the courts is illegal, unconstitutional and offends the sacred principles of natural justice and fairness.”

“It is the duty of the government to allow the legal and judicial powers of the state to function properly. Imposing any fine whatsoever without due process of law is arbitrary, as it contravenes the principles of nemo judex in causa sua which literally means one cannot be a judge in his own cause and audi alteram partem which literally means no one should be condemned unheard.”

“The NBC, being a regulatory body, is not empowered by law to act as the prosecutor and the judge; all at the same time. We humbly urge the court to set aside the unlawful and unconstitutional fines imposed on independent media houses, and to uphold the sanctity of the Nigerian Constitution, Nigerians’ human rights, media freedom, and the rule of law.”

“The Constitution is the grundnorm and the fundamental law of the land. All other laws including the NBC Act and any associated codes take their hierarchy from the provisions of the Constitution.”

The Plaintiffs are also seeking the following reliefs:

A DECLARATION that section 2[n] of the NBC Act and Broadcasting Code used by the NBC and Mr Lai Mohammed to impose fines, sanctions and any other penalties on television, radio and on-line broadcast stations and media houses are draconian, inconsistent, and incompatible with the right to freedom of expression, access to information, and media freedom guaranteed under sections 22 and 39 of the Constitution of Nigeria 1999 [as amended], Article 9 of the African Charter on Human and Peoples’ Rights, and Article 19 of the International Covenant on Civil and Political Rights;

A DECLARATION that the action of the NBC and Mr Lai Mohammed in relying on section 2[n] of the NBC Act and Broadcasting Code to unilaterally impose punishments such as fines and other sanctions on television, radio and on-line broadcast stations and media houses without recourse to the court violates sections 6[1] & [6][b] and 36[1] of the Constitution of Nigeria 1999;

A DECLARATION that section 2[n] of the NBC Act and the Broadcasting Code, being inconsistent and incompatible with sections 22, 36[1], and 39 of the Constitution of Nigeria, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights, are null and void to the extent of their inconsistency and incompatibility;

A DECLARATION that the fine of N3m each imposed on Channels, AIT, and Arise TV by the NBC and Mr Lai Mohammed for their coverage of the #ENDSARS protests violates the right to freedom of expression, access to information and media freedom guaranteed under sections 22 and 39 of the Constitution of Nigeria 1999, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights and therefore null and void;

A DECLARATION that the fine of N3m each imposed by NBC and Mr Lai Mohammed on Channels, AIT and Arise TV for their coverage of the #ENDSARS protests without giving the affected media houses the opportunity to respond to the allegations leveled against them and recourse to the court violates sections 6[1] & [6][b] and 36[1] of the Constitution of Nigeria 1999 and therefore null and void;

A DECLARATION that the action by the NBC and Mr Lai Mohammed to unilaterally impose the fine of N5m on Nigeria Info 99.3 FM without giving the radio station the opportunity to respond to the allegations leveled against it violates the right to fair hearing, enshrined in section 36 of the Constitution of Nigeria 1999, and therefore null and void;

AN ORDER OF PERPETUAL INJUNCTION restraining the NBC and Mr Lai Mohammed from imposing fines or doing anything whatsoever to harass Channels, AIT, and Arise TV and any other radio and television broadcast stations, in violation of the section 6[1] & [6][b], 22, 36[1], and 39 of the Constitution of Nigeria 1999, Article 9 of the African Charter of the on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights.

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