Senate does not have the powers to ‘summon’ Sagay — SERAP

Posted on March 30, 2017 by Staff Reporter

The Socio-Economic Rights and Accountability Project (SERAP) has called on the leadership of the Senate to “immediately withdraw the unwarranted and unconstitutional ‘summon’” for Itse Sagay, chairman of Presidential Advisory Committee Against Corruption to appear before the Senate committee on ethics, privileges and public petitions for reportedly describing the body as “childish and irresponsible” and one “filled by people of questionable character”

SERAP in a statement Thursday signed by its executive director, Adetokunbo Mumuni, said, “the Senate’s decision to summon Professor Sagay simply for exercising his right to freedom of expression is arbitrary, a travesty, mala-fide, and cannot withstand constitutional scrutiny.”

The statement read in part: “The Senate is not immune from constitutional control simply because it’s a law-making body. In fact, the Senate has neither special immunity from the operation of the constitution nor special privilege to invade the constitutionally and internationally guaranteed right to freedom of expression of Professor Sagay or other citizens for that matter.”

“The framers of the Constitution of Nigeria 1999 (as amended) would never have contemplated a legislative power without responsibility, and the Senate can’t continue to carry on in a manner that implies its law-making and oversight powers are not open to question. Therefore, its powers under the constitution ought to be exercised reasonably and responsibly, consistent with the fundamental notions of peace, order, good governance and the public interest.”

“The human rights of Nigerians are secured against not only executive lawlessness but also legislative excesses. To trample on citizens’ freedom of expression is to thwart the ideals of representative democracy and the rule of law.”

Mr. Sagay’s comment was a reaction to the Senate’s refusal to proceed with confirmation of 27 persons President Muhammadu Buhari nominated as Resident Electoral Commissioners.

The lawmakers stopped the confirmation in protest against the refusal of the President to sack Ibrahim Magu as acting chairman of the Economic and Financial Crimes Commission despite his repeated rejection by the Senate.

SERAP said, “The National Assembly is constitutionally empowered to make laws for the peace, order and good governance of Nigeria but recent events in the Senate would seem to stir the public anger. It seems curious that the Senate will be giving a raw deal to the heads of the two leading anti-corruption bodies in the country—Ibrahim Magu of the Economic and Financial Crimes Commission and Itse Sagay of the Presidential Advisory Committee Against Corruption.”

“All public institutions and figures are legitimately subject to criticism and political opposition. The Senate in particular and the National Assembly as a whole would do well to respect the inherent rights of Nigerians that are so fundamental to our constitutional structure. Democracy, constitutional supremacy, and the rule of law require no less. Indeed, no principle is more basic to any proper system of law than the maintenance of the rule of law itself”.

Source: Premium Times

“Warn Trump Against Harassment Of Nigerians”, SERAP Tells Osinbajo.

Posted on March 7, 2017 by Staff Reporter

The Socio-Economic Rights and Accountability Project (SERAP), has urged the Acting President, Professor Yemi Osinbajo, to “tell the U.S President, Donald Trump, in no uncertain terms that Nigeria would not tolerate any harassment and unfair treatment of her citizens with valid multiple-entry U.S visas at U.S airports.”

This was revealed in a statement released on Tuesday and signed by its Executive Director, Adetokunbo Mumuni.

It follows a disclosure by the Senior Special Assistant to the President on Foreign Affairs, Abike Dabiri-Erewa, that in the last few weeks, the office has received a few cases of Nigerians with valid multiple-entry U.S visas being denied entry and sent back to Nigeria.

According to Mrs Dabiri -Erewa, such affected persons were sent back immediately on the next available flight and their visas were cancelled.

SERAP further said: “The Nigerian government must stand up to Trump and defend Nigerians’ internationally recognised right to freedom of movement just as the Iraqi Prime Minister, Haider Al-Abadi did for his own citizens.

“The Iraqi leader ensured that his country was taken off the obnoxious executive order list. Osinbajo must now show the leadership needed to defend the country’s citizens who are facing unfair treatment in the hands of U.S immigration officers.

“The Universal Declaration of Human Rights (UDHR) guarantees liberty of movement, and provides in article 13 that, “everyone has the right to freedom of movement and residence within the borders of each state.

“2. Everyone has the right to leave any country, including his own, and to return to his country. The declaration also guarantees the right of everyone including Nigerians to a social and international order in which the rights and freedoms set forth in the declaration can be fully realized.”

“SERAP notes that Eleanor Roosevelt, late wife of American President, Franklin D. Roosevelt, chaired the UDHR drafting committee.

“On the basis of the UDHR, persons are entitled to move from one place to another and to establish themselves in a place of their choice. The enjoyment of this right must not be made dependent on any particular purpose or reason for the person wanting to move or to stay in a place. Any restrictions must be in conformity with international standards.

“The Nigerian authorities must ensure that Nigerians’ liberty of movement is protected from interference by the trump government.

“The authorities should carefully study the revised executive order and take proactive measures to prevent any harassment and unfair treatment of Nigerians in the hands of U.S immigration officers.”

Source: Channels TV

$15 million: Court strikes out Patience Jonathan’s suit against SERAP

Posted on February 1, 2017 by Staff Reporter

The Federal High Court in Lagos has struck out the suit filed by Dame Patience Jonathan and her group Union of Niger Delta Youth Organization for Equity, Justice and Good Governance against a civil society group Socio-Economic Rights and Accountability Project, SERAP.

Mrs. Jonathan’s lawyers at the hearing of the case on Tuesday informed the court that they were no longer interested in pursuing the matter, and subsequently applied to discontinue/withdraw it.

Timothy Adewale, who represented SERAP in court, said: “This case should never have been brought against SERAP in the first place. The case has been a complete waste of our time. While we do not object to the request by the Plaintiffs’ lawyers for withdrawal of the case, we ask the Honourable Court for N500,000 as cost against Mrs Jonathan and her group.”

The court presided over by Justice C.M.A Olatoregun subsequently struck out the case and awarded N25,000 as cost to SERAP.

It would be recalled that Mrs. Jonathan and her group, Union of Niger Delta Youth Organisation for Equity, Justice and Good Governance, had accused SERAP in suit number FHC/L/CS/1349/2016 dated October 6, 2016 of “using online, print and electronic media to publish to the public unfounded and malicious allegations that she stole $15m (US) and ought to be prosecuted.”

SERAP responded by filing a preliminary objection dated October 27, 2016, asking the Federal High Court to “dismiss her suit with substantial cost.”

When the case first came up for hearing before Justice Olatoregun, Babatunde Ogala, former Chairman of the Lagos State House of Assembly’s Committee on Judiciary represented SERAP in court.

Mr. Ogala said: “Patience Jonathan’s claims cannot be maintained because they are brought on her behalf by a group that is unknown to law. Mrs Jonathan’s group is not a registered organisation envisaged by law. This very point calls into question the legal capacity to file this suit against SERAP, and the jurisdiction of the court to entertain her suit.”

One Union of Niger Delta Youth Organisation for Equity, Justice and Good Governance suing for themselves and on behalf of Mrs. Jonathan had sued SERAP on 6th October 2016 before the Federal High Court in Lagos.

Mrs. Jonathan and her group had asked the court for “an order of interim injunction restraining SERAP from taking any further steps in further vilification, condemnation and conviction of the Former First Lady Mrs Dame Patience Jonathan, in all public media and in the use of the judicial process for that purpose by the extremely publicized pursuit of any application for the coercion of the Attorney General of the Federation to prosecute the Plaintiff/Applicant for owning legitimate private property, pending the hearing and determination of the Originating Summons.”

The suit by Mrs. Jonathan and her group also claimed that, “The campaign by SERAP is in breach of Mrs Jonathan’s right to be presumed innocent until proved guilty under Section 36(5) of the 1999 Constitution of Nigeria (as amended). The action by SERAP seeks to coerce the Attorney General of the Federation to embark on a breach of the same right when the Attorney General is in a better position than SERAP and the Court to know whether or not there is any evidence of wrongdoing by Mrs Jonathan.”

“SERAP’s action is blatant misuse of the processes of this Court. SERAP therefore no longer deserves to continue as an incorporated entity and ought to be dissolved. It is just and equitable to dissolve SERAP in the circumstances of this case. Damages will not be adequate compensation for the irreparable damage Mrs Jonathan will suffer if the application is not granted. The Plaintiff undertakes as to damages in favour of SERAP in the event the instant application ought not to have been granted.”

“There has been a running battle between the Economic and Financial Crimes Commission (EFCC) and Mrs Jonathan with respect to the release of her legitimately earned funds which were deposited in accounts opened in the names of certain companies by one of her husband’s aides without her authorization.”

“The funds in question were legitimate gifts from her friends and well-wishers over the last 15 years which she had been saving in order to utilize to upgrade family businesses and concerns which had been somewhat dormant by reason of the long period of her husband service as a public officer in Nigeria.”

“The gifts were given in small contributions by several persons some of whom she cannot even now recall over this period of 15 years sometimes in as small a gift as N250,000 Naira. In order to preserve the value of these funds which she did not require for any purpose at the time she changed them into foreign exchange and kept them as cash for a long period in her home safe in Port Harcourt and Abuja.”

“It was when the family home in Otuoke was burnt down by hoodlums under the instigation of political adversaries in 2010 that she began to think about banking these gifts which had now grown to large sums in United States Dollars. In 2010 she therefore summoned one of her husband’s domestic aids, Waripamo-Owei Emmanuel Dudafa to assist her in opening bank accounts into which the funds could be deposited.”

“Unknown to her the said Dudafa in a bid to be discreet about the owner of the funds decided to bank the funds in the names of companies owned by him. When she discovered this she was constrained to continue with the names of the companies when she was advised that it did not make any difference as to the ownership of the funds since the director of the company would appoint her as sole signatory to the accounts in question.”

“When in 2016 Dudafa was arrested and detained she had no fear for the funds as she realised that the funds could not be attributable to him once it was discovered that she was the sole signatory to the said accounts. It was therefore a rude shock to her when she discovered that a no transaction order had been placed on the accounts by the EFCC in the belief that the funds belonged to Dudafa.”

“She instructed her solicitors to further write to the EFCC to inform them that the funds belong to her and that they formed a part of her legitimate earnings over the last 15 years. It was this letter that was leaked by the EFCC to the media that became sensationalized and led to the plaintiff’s vilification and attack by ignorant persons who had no information about the matter.”

“SERAP is playing to the public gallery in order to gain the notoriety it has achieved over the past years. SERAP has done this mostly by intervening in high profile issues without regard to the rights of persons it claims to protect. SERAP jumped into the fray of ignorant accusations being made against Mrs Dame Patience Jonathan in the public media and has begun a campaign of calumny against her using online, print and electronic media to publish to the public unfounded and malicious allegations that she stole the funds in question and ought to be prosecuted.”

“SERAP has maintained this position, notwithstanding the fact that there is no evidence whatsoever by which Mrs Jonathan could be prosecuted for obtaining the funds through unlawful means. In furtherance of this campaign, SERAP, being in breach of its own objects for which it was incorporated, has continued to proclaim the guilt of Mrs Jonathan in the media and recently was widely reported in the news media to have commenced a self-serving action to attempt to coerce the Attorney General of the Federation to prosecute her.”

Source: Premium Times

SERAP writes Buhari on unpaid salaries of judges

Posted on January 18, 2017 by Staff Reporter

The Socio-Economic Rights and Accountability Project, SERAP, has sent an open letter to President Muhammadu Buhari requesting him “to use your good offices and leadership to urgently instruct all appropriate authorities to release budgetary allocations for the immediate payment of outstanding salaries and allowances of judges and judicial workers across the country.”

In the letter dated January 18, 2017 and signed by SERAP executive director, Adetokunbo Mumuni, the organisation said that, “The Senate of Nigeria has disclosed that federal judges have not been paid their salaries and allowances for four months. SERAP is seriously concerned that failing to pay regularly and punctually the salaries and allowances of judges amounts to an implicit interference, and would seem to make judges dependent on the will of other branches of government, especially the executive, for the payment of their salaries.”

The organisation said that, “Should all outstanding salaries and allowances of judges and judicial workers not immediately paid, SERAP will explore all legal avenues nationally and internationally to compel your government to uphold the cardinal principle of judicial independence by ensuring a policy of regular and punctual payment of salaries and allowances of judges and judicial workers.”

The letter reads in part: “SERAP notes that the independence of the judiciary has always been considered one of the important elements of the Nigerian constitutional system. This cardinal constitutional and international guarantee cannot be made to yield to any alleged economic necessity.”

“SERAP believes that it is a contradiction in terms to fight judicial corruption and yet not regularly and punctually pay judges and judicial workers their salaries and allowances. If we may ask, what is the point of granting the judiciary independence on the one hand if it is taken away with the other, for example, by failing and/or refusing to regularly and punctually pay their salaries and allowances? SERAP argues that that which is prohibited from being done directly may not be accomplished by indirection. The law abhors evasions and subterfuges.”

“It is important for our judiciary to remain perfectly independent, and beyond the suspicion of any outside influence. SERAP believes that the effect of the non-payment of salaries and allowances of judges is to reduce the purchasing power of judges, diminish the benefits to which they are entitled under the 1999 Constitution (as amended), and ultimately weaken the judiciary, which is the last hope of the common man.”

“It is double jeopardy for our judges whose salaries and allowances are not regularly and punctually paid, as these judges may not, by reason of their calling, be able to personally challenge the matter in court. And the possibility of resolving the matter in a judicial proceeding may be limited since several judges have an interest in the matter, and may not therefore with propriety undertake to hear and decide it.”

“It will be a national embarrassment if our judges are compelled to decide this, since the judges like every citizen have a right to an effective remedy and they will be perfectly entitled to approach the court for reliefs if your government does not urgently find satisfactory solutions to this problem.”

“For a government that has repeatedly expressed commitment to fight official corruption, it is absolutely important to work proactively to maintain the principle of the separation of powers as a basis for liberty and justice, especially given the fact that the judiciary is the most vulnerable of the three branches of government.”

“It will be extremely difficult to attract good and competent men and women to the bench, and to make them independent when the salaries and allowances of judges are not regularly and punctually paid.”

“Refusing to pay the salaries and allowances of judges may well be construed as having for its purpose an attack upon the independence of the judiciary, as judges are less independent if they have to beg for their salaries and allowances to be paid.”

“It is essential to the preservation of the rights of every individual, his/her life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. But the right of every citizen to be tried by judges as free, impartial, and independent as the lot of humanity will admit cannot be enjoyed as long as judges’ salaries and allowances are not regularly and punctually paid.”

“An independent judge is a proper and necessary guardian of human rights, and should never be subservient to those on whom they are dependent for their salaries, and their bread. The independence of the judiciary cannot be sacrificed because of an economic depression. And the provisions of the constitution cannot be disregarded on the same ground, and as such, regular and punctual payment of judges’ salaries and allowances ought to be your government’s top priority.”

“SERAP therefore urges you to use your good offices and leadership position to instruct the appropriate authorities to release budgetary allocations to ensure the immediate payment of all outstanding salaries and allowances of judges and judicial workers.”

“We also urge you to publicly commit and guarantee regular and timely payment of salaries and allowances of judges and judicial workers.”

Source: Premium Times

Probe ‘missing’ N500 million Chibok school fund, SERAP tells EFCC

Posted on December 28, 2016 by Staff Reporter

The Socio-Economic Rights and Accountability Project, SERAP, has petitioned Ibrahim Magu, the Chairman Economic and Financial Crimes Commission, EFCC, requesting him to “urgently begin a thorough, transparent and effective investigation into allegation that N500 million Safe School funds for Chibok girls, commissioned by former Minister of Finance, Ngozi Okonjo-Iweala, to rebuild the Government Girls School in Chibok, is missing and cannot be accounted for.”

The organisation urged the EFCC to “invite for questioning, and name and shame anyone suspected to be involved in the alleged diversion, including the contractors allegedly handling the project.”

In the petition dated December 27, 2016 and signed by SERAP senior staff attorney Timothy Adewale, the organisation said: “The allegation that N500m has been lost to corruption has resulted in denying the girls access to education, and shows the failure of the former President Goodluck Jonathan government to live up to Nigeria’s commitments under the global Safe School Declaration.”

The petition reads in part: “SERAP believes that the diversion of the funds will expose the school to attacks in the future. This is a fundamental breach of the country’s obligations including guarantees of non-repetition, which contribute to prevention and deterrence of future attacks.”

“SERAP urges the EFCC to work with the Independent Corrupt Practices and other Related Offences Commission (ICPC) to set up a mechanism to monitor government’s spending of the safe school funds in order to ensure that the funds are spent exactly to prevent and deter future attacks, and to allow the girls to go back to school as soon as possible.”

“SERAP is seriously concerned that the school has remained in a state of disrepair since the abduction of the girls, and students have remained at home.”

“SERAP is concerned that the alleged diversion of N500 million meant for reconstruction of Government Girls School in Chibok has directly violated the right to education of the girls, as guaranteed under the International Covenant on Economic, Social and Cultural Rights to which Nigeria is a state party.”

“The diversion has undermined the obligation of the government to take step to the maximum of its available resources to achieve the right to education. The alleged diversion also shows a serious breach of anticorruption legislation including the EFCC Act, and Nigeria’s international obligations under the UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption both of which the country has ratified.”

“The EFCC should ensure full accountability and bring to justice anyone found to be responsible for corruption and diversion of safe school funds. The EFCC should also ensure that all proceeds of corruption are recovered and returned back to the treasury.”

“This request is based on allegation by Governor Kashim Shettima that N500 million set aside by the government of former President Goodluck Jonathan, is missing and cannot be accounted for. The funds were released for rebuilding of the Government Girls School in Chibok under the Safe School Initiative programme, which was commissioned former Minister of Finance, Dr. Ngozi Okonjo-Iweala.”

SERAP takes Senate to UN over Magu

Posted on December 19, 2016 by Staff Reporter

The Socio-Economic Rights and Accountability Project (SERAP) has petitioned the United Nations (UN) over alleged intimidation, harassment and unfair treatment of Economic and Financial Crimes Commission (EFCC) Chairman Ibrahim Magu, by the Senate.

The petition, which was signed by the Executive Director of SERAP, Mr Adetokunbo Mumuni, was addressed to Mr Michel Forst, the UN Special Rapporteur on the situation of human rights defenders.

In a copy of the petition made available to the News Agency of Nigeria (NAN) in Abuja yesterday, Mumuni accused the Senate of “apparently working with other agencies of government to use a purported security report it knew or ought to know is baseless and politically-motivated to reject Mr Magu’s confirmation as substantive chairman of the EFCC.

“By relying on a report they knew or ought to know is baseless and politically-motivated to reject Mr Magu’s appointment as chairman of the EFCC, the Senate of Nigeria has flagrantly violated his right to a fair hearing, and is implicitly working to weaken, intimidate, harass and ultimately undermine the independence and freedom of action of the EFCC in its efforts to combat high-profile official corruption,” it said.

The project, therefore, urged Forst to “urgently intervene in this matter to stop further intimidation and harassment of a prominent anti-corruption campaigner and human rights defender.

“SERAP believes that the action by the Senate of Nigeria and other agencies of government apparently working with them undermines and violates Nigeria’s international obligation to respect, protect, promote and fulfill the human rights of the citizens, which inevitably creates a duty for the government to establish efficient and independent anti-corruption mechanisms.

“Apart from the fact that the allegations against Mr Magu are baseless and politically motivated, the Senate of Nigeria flagrantly denied him constitutionally and internationally guaranteed right to a fair hearing by not providing him an opportunity to respond to the allegations against him.”

SERAP accuses senate of violating Magu’s rights, petitions UN

Posted on December 18, 2016 by Staff Reporter

The Socio-Economic Rights and Accountability Project (SERAP) has petitioned Michel Forst, UN Special Rapporteur on the situation of human rights defenders over the “intimidation, harassment and unfair treatment” of Ibrahim Magu, acting chairman of the Economic and Financial Crimes Commission (EFCC).

The upper legislative chamber had refused to confirm Magu’s appointment, citing a security report by the Department of State Services (DSS) as its reason.

But in the petition dated December 16, and signed by Adetokunbo Mumuni, its executive director, SERAP accused lawmakers of vilifying the anti-graft czar.

“The senate of the Federal Republic of Nigeria apparently working with other agencies of government to use a purported security report the senate knew or ought to know is baseless and politically motivated to reject Mr Magu’s confirmation as substantive chairman of the EFCC,” the petition read.

“By relying on a report they knew or ought to know is baseless and politically motivated to reject Mr Magu’s appointment as chairman of the EFCC, the senate of Nigeria has flagrantly violated his right to fair hearing, and is implicitly working to weaken, intimidate, harass and ultimately undermine the independence and freedom of action of the EFCC in its efforts to combat high-profile official corruption.

“SERAP believes that the action by the Senate of Nigeria and other agencies of government apparently working with them undermines and violates Nigeria’s international obligation to respect, protect, promote and fulfil the human rights of the citizens, which inevitably creates a duty for the government to establish efficient and independent anti-corruption mechanisms.”

SERAP urged Forst to “urgently intervene in this matter to stop further intimidation and harassment of a prominent anti-corruption campaigner and human rights defender”.

“Apart from the fact that the allegations against Mr. Magu are baseless and politically motivated, the Senate of Nigeria flagrantly denied him constitutionally and internationally guaranteed right to a fair hearing by not providing him an opportunity to respond to the allegations against him,” the petition read.

“The senate confirmation hearing therefore amounts to a nullification, or destruction of the very essence of the fundamental principles of fair hearing.

“The Senate of the Federal Republic of Nigeria relying on a baseless and politically motivated report declined to confirm the appointment of Ibrahim Magu as substantive chairman of the country’s leading anti-corruption agency, the Economic and Financial Crimes Commission (EFCC). The Senate claimed that its action was based on a purported security report forwarded to it by the State Security Service.”

SERAP Sues Saraki, Dogara ‘Over Failure To Give Account Of N500bn Running Cost’

Posted on December 13, 2016 by Staff Reporter

Socio-Economic Rights and Accountability Project (SERAP) has sued the Senate President Dr Bukola Sakari and Speaker of the House of Representatives Mr Dogara Yakubu “over failure to give account of the spending of N500 billion as running cost between 2006 and 2016, and the monthly income and allowances of each Senator and member.”

The suits filed last Friday at the Federal High Court Ikoyi followed two Freedom of Information requests dated 25 November 2016 to both Dr Saraki and Mr Dogara asking them to “urgently provide information about alleged spending of N500 billion as running cost between 2006 and 2016, and the monthly income and allowances of each Senator and member.”

The originating summons with suit numbers FHC/L/CS/1711/16 and FHC/L/CS/1710/16 respectively were brought pursuant to section 4(a) of the Freedom of Information Act, and signed by SERAP executive director Adetokunbo Mumuni.

SERAP’s suits against Dr Saraki and Mr Dogara followed disclosure by Abdulmumin Jibrin that Nigerian Senators and House of Representatives members have pocketed N500 billion as ‘running cost’ out of the N1 trillion provided for in the National Assembly budgets between 2006 and 2016, and by former president Olusegun Obasanjo that each Senator goes home with nothing less than N15m monthly while each member receives nothing less than N10m monthly.

SERAP is asking the court to determine the question “Whether by virtue of the provision of section 4(a) of the Freedom of Information Act 2011, the Defendants are under an obligation to provide the Plaintiff with the information requested for.”

The suits read in part: “By virtue of Section 1(1) of the FOI Act 2011, SERAP is entitled as of right to request for or gain access to information which is in the custody or possession of any public official, agency or institution. Under the FOI, when a person makes a request for information from a public official, institution or agency, the public official, institution or agency to whom the application is under a binding legal obligation to provide the Plaintiff/Applicant with the information requested for, except as otherwise provided by the Act, within 7 days after the application is received.”

“The information requested for by SERAP relates to information about spending of N500 billion as running cost between 2006 and 2016, and the monthly income and allowances of each Senator and member. The information requested by SERAP does not come within the purview of the types of information exempted from disclosure by the provisions of the FOI Act. The information requested for, apart from not being exempted from disclosure under the FOI Act, bothers on an issue of National interest, public concern, social justice, good governance, transparency and accountability.”

“The Defendants will not suffer any injury or prejudice if the information is released to the members of the public. It is in the interest of justice that the information be released. Unless the reliefs sought herein are granted, the Defendants will continue to be in breach of the Freedom of Information Act, and other statutory responsibilities.”

“Up till the time of filing this action the Defendants/Respondents have failed, neglected and/or refused to make available the information requested by SERAP. The particulars of facts of the failure, negligence and refusal are contained in the verifying affidavit in support of the application and shall be relied upon at the hearing of this application. The Defendants/Respondents have no reason whatsoever to deny SERAP access to the information sought for.”

“It is submitted that Section 4(a) of the FOI Act 2011 is a mandatory and absolute provision which imposes a binding legal duty or obligation on a public official, agency or institution to comply with a request for access to public information or records except where the FOI Act expressly permits an exemption or derogation from the duty to disclose. Nigerian courts have consistently held that the use of mandatory words such as “must” and “shall” in a statute is naturally prima facie imperative and admits of no discretion.”

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

The suits are respectively seeking the following reliefs:

A DECLARATION that the failure and/or refusal of the Respondents to disclose the spending of N500 billion as running cost between 2006 and 2016, and the monthly income and allowances of each Senator and member amounts to a breach of the fundamental principles of transparency and accountability and violates Articles 9, 21 and 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.

A DECLARATION that by virtue of the provisions of Section 1 (1) and Section 4 (a) of the Freedom of Information Act 2011, the Defendants/Respondents are under a binding legal obligation to provide the Plaintiff/Applicant with up to date information on the spending allowances of each Senator and member including: Details of projects on which the N500 billion running cost between 2006 and 2016 were spent.

AN ORDER OF MANDAMUS directing and or compelling the Defendants/Respondents to provide the Plaintiff/Applicant with up to date information on the spending of N500 billion as running cost between 2006 and 2016, and the monthly income and allowances of each Senator and member including: Details of projects on which the N500 billion running cost between 2006 and 2016 were spent.

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

Signed
Adetokunbo Mumuni
SERAP Executive Director
12/12/2016
www.serap-nigeria.org
Lagos, Nigeria

Super Falcons: SERAP Drags FG, NFF to UN

Posted on December 9, 2016 by Staff Reporter

A human rights group, Socio-Economic Rights and Accountability Project, SERAP, has petitioned the UN Working Group on the issues of discrimination against women in law and in practice.

He, therefore, requested the body to use its mandate and position to urgently order the Nigerian government and the Nigerian Football Federation, NFF, to clear the allowances of Super Falcons.

In the petition dated December 7 2016, and signed by SERAP’s executive director, Adetokumbo Mumuni, the group pointed out that it was unlawful to discriminate in payment arrangements in relation to sex and gender.

The Super Falcons did the country proud in Cameroon last week by clinching their 8th African Women Cup of Nations, AWCON title, beating the host 1-0 in the final.

The team is still in their hotel in Abuja protesting nonpayment of their allowances and match bonuses.

And SERAP is asking the Working Group to “request the authorities to immediately pay each player of the Super Falcons of Nigeria the sum of $30,000 USD for winning the African Women Cup of Nations. This is the equivalent of what the government paid their male counterparts for winning the 2013 Africa Cup of Nations.”

The organization also asked the UN body to mandate the Nigerian authorities to “End pay inequalities across the national teams and demonstrate commitment to fairness and equality in the treatment of both male and female players.”

According to the petition, “SERAP is seriously concerned about the large and stubborn gender pay gap between the Super Eagles’ players and the Super Falcons’ players. The discriminatory treatment of the Super Falcons’ players by the authorities is indicative of the systemic discrimination against women and girls in Nigeria, and the undervaluation of work commonly done by women.

“While a State’s compliance with the obligations under these treaties is assessed in the light of financial and other resources, a lack of resources cannot justify inaction or indefinite postponement of implementation. This is particularly so when discrimination exists, as we believe it is the case with respect to the unfavourable treatment of the Super Falcons’ players.

“SERAP also argues that the Nigerian government cannot use recession and the current economic situation in the country to objectively justify a difference in treatment of the players of the Super Eagles and the Super Falcons on grounds of sex. To hold otherwise is to undermine the integrity of the international human rights treaties and ILO conventions which Nigeria has ratified.

“In fact, the Committee on Economic, Social and Cultural Rights (2009) has said that the failure to remove differential treatment on the basis of a lack of available funds is not an objective and reasonable justification unless every effort has been made to use all resources that are at a State party’s disposal to eliminate the discrimination, as a matter of priority.

“SERAP argues that the failure by the Nigerian authorities to pay the players of the Super Falcons as promised violates the players’ right to equal pay, which is a fundamental tenet of gender equality.

“SERAP believes that the male and female national teams deserve equal pay systems that are transparent and value the efforts put in by these players. Fair and non-discriminatory systems represent best practices, consistent with Nigeria’s international human rights obligations and commitments.”

SERAP wants Nigeria’s Attorney General, Accountant General jailed

Posted on December 4, 2016 by Staff Reporter

The Socio-Economic Rights and Accountability Project, SERAP, has commenced committal to prison hearings against the Federal Government; Abubakar Malami, Attorney-General of the Federation and Minister of Justice; and Ahmed Idris, Accountant-General of the Federation “for having neglected to obey the order of the court made on Friday the 26th of February, 2016, requiring them to provide SERAP with up to date information on the spending of recovered stolen funds since the return of democracy in 1999.”

The information ordered to be released by Justice Muhammed Idris of the Federal High Court, Lagos include specific details on the total amount of recovered stolen public assets by governments since 1999; the amount that has been spent from the recovered stolen public assets and the objects of such spending; as well as details and location of specific projects on which recovered stolen public assets were spent.

The Form 49 “notice to show cause why order of committal should not be made” was filed at the Federal High Court, Lagos last week by SERAP executive director Adetokunbo Mumuni “following the service on Mr. Malami and Alhaji Idris of Form 48 contempt suit, and the certified true copy of the judgment.”

Mr. Mumuni said, “Despite the service of both form 48 and the certified true copy of the judgment on both the Attorney General of the Federation and the Accountant-General of the Federation they have failed and/or neglected to acknowledge the judgment let alone obey it.”

“It has become painfully clear since the judgment was delivered that this government has no plan to enforce it. It’s dismaying that a government, which builds its reputation on combating grand corruption has not embraced the enormous opportunities the judgment provides to open the book on what exactly happened to recovered loot.”

“It’s absolutely unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state based on the rule of law cannot exist or function, if the government ignores and/or fails to abide by Court orders,” Mr. Mumuni said.

The 69-page judgment in suit no: FHC/IKJ/CS/248/2011 signed by Honourable Justice Mohammed Idris reads in part: “Transparency in the decision-making process and access to information upon which decisions have been made can enhance accountability.”

“Obedience to the rule of law by all citizens but more particularly those who publicly took oath of office to protect and preserve the Constitution is a desideratum to good governance and respect for the rule of law. In a constitutional democracy like ours, this is meant to be the norm.”

“In respect of the SERAP reliefs on recovered stolen funds since return of democracy in 1999, the government had kept mute. Let me say that they have no such power under the law.”

“There is public interest in public authorities and high-profile individuals being accountable for the quality of their decision making. Ensuring that decisions have been made on the basis of quality legal advice is part of accountability.”

“I am of the view and do hold that the action should and does succeed in whole. Documents relating to the receipt or expenditure on recovered stolen funds since return of democracy in 1999 constitute part of the information which a public institution and authority is obligated to publish, disseminate and make available to members of the public. The government has no legally justifiable reason for refusing to provide SERAP with the information requested, and therefore, this Court ought to compel the government to comply with the Freedom of Information Act, as the government is not above the law.”

“Judgment is hereby entered judgment in favour of SERAP against the Federal Government as follows:

A DECLARATION is hereby made that the failure and/or refusal of the Respondents to individually and/or collectively disclose detailed information about the spending of recovered stolen public funds since the return of civil rule in 1999, and to publish widely such information, including on a dedicated website, amounts to a breach of the fundamental principles of transparency and accountability and violates Articles 9, 21 and 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act

A DECLARATION is hereby made that by virtue of the provisions of Section 4 (a) of the Freedom of Information Act 2011, the 1st Defendant/Respondent is under a binding legal obligation to provide the Plaintiff/Applicant with up to date information on the spending of recovered stolen funds, including:

(a) Detailed information on the total amount of recovered stolen public assets that have so far been recovered by Nigeria

(b) The amount that has been spent from the recovered stolen public assets and the objects of such spending

(c) Details of projects on which recovered stolen public assets were spent

AN ORDER OF MANDAMUS is made directing and or compelling the Defendants/Respondents to provide the Plaintiff/Applicant with up to date information on recovered stolen funds since the return of civilian rule in 1999, including:

(a) Detailed information on the total amount of recovered stolen public assets that have so far been recovered by Nigeria

(b) The amount that has been spent from the recovered stolen public assets and the objects of such spending

(c) Details of projects on which recovered stolen public assets were spent

It would be recalled that SERAP had on 28 March 2016 sent a copy of the certified true copy of the judgment to Mr. Malami and Mr. Idris urging them to use their “good offices and leadership to ensure and facilitate full, effective and timely enforcement and implementation of the judgment.”

SERAP letter reads in part “Given the relative newness of the Buhari government, the effective enforcement and implementation of the judgment will invariably involve setting up a mechanism by the government to invite the leadership and high-ranking officials of the governments of former President Olusegun Obasanjo, former President Umaru Yar’Adua, and former President Goodluck Jonathan to explain, clarify and provide evidence on the amounts of stolen funds recovered by their respective governments (from abroad and within Nigeria), and the projects (including their locations) on which the funds were spent.”

“SERAP therefore believes that the swift enforcement and implementation of this landmark judgment by the government of President Muhammadu Buhari will be litmus test for the President’s oft-repeated commitments to transparency, accountability and the fight against corruption, and for the effectiveness of the Freedom of Information Act in general.”

The organisation said that, “The enforcement and implementation of the judgment should not be delayed as to do this is to continue to frustrate the victims of corruption in the country since the return of democracy in 1999, and will threaten to undermine the authority of our judicial system.”

Probe Obasanjo’s $16b Spending On Electricity, SERAP tells CJN

Posted on November 24, 2016 by Staff Reporter

Anti-corruption organisation, Socio-Economic Rights and Accountability Project (SERAP), has asked Justice Water Samuel Nkanu Onnoghen, Chief Justice of Nigeria (CJN), to appoint an independent counsel to investigate alleged corruption in the spending of $16 billion on power projects between 1999 and 2007 by the Olusegun Obasanjo administration.

SERAP’s request was contained in a letter addressed to the CJN. Dated 24 November and signed by Mr. Timothy Olawale, the organisation’s Senior Staff Counsel, the letter explained that the request was based on Section 52 of the Independent Corrupt Practices and Other Related Offences Act 2000 as well as the letter and spirit of the Act, and the object and purpose of the 1999 Constitution (as amended).

SERAP recalled that a parliamentary hearing by the House of Representatives into the spending of $16 billion on the power project between 1999 and 2007 revealed, through testimonies of witnesses, that the amount budgeted for the power project may have been stolen by some government officials and others and cannot be accounted for.

It pointed out that the parliamentary hearing, which took place between March 11 and 12 March, 2008, revealed that Mr. Bernerd Mensen, the Chief Executive Officer of German firm, Lameyer, was paid N370 million (out of the total contract sum of N600million) just for a feasibility study on a power station. Mr. Mensen, SERAP recalled, however, confessed that he had never visited the site of the Mambilla Hydro-Electric Power Project in Taraba State.

Similarly recalled was the revelation that N200million of the N370million collected was spent to build a bungalow at Gembu, apparently to create the impression that work was in progress, but the project was later abandoned.

A witness, who testified at the hearing, recollected SERAP, said that the ground-breaking was done at Gembu, about 25kilometers from the Mambilla, and that they never got to the Mambilla. He also disclosed that the sample of oil Lameyer collected for test was dumped at somebody’s compound that the company did nothing to implement the project, which was expected to generate 2,600 megawatts of electricity.

The investigative committee, SERAP reminded the CJN, was equally told that the contracts awarded for the Kainji, Egbin, Afam and Ugehlli power stations were never executed despite being included by the Power Holding Company of Nigeria (PHCN) in its report to the hearing on how it spent its budgetary allocations between 1999 and 2007. The hearing also revealed that there were about nine of such contracts, with an aggregate value of $142million.

“Section 52 of the Corrupt Practices Act requires the Chief Justice of Nigeria to authorise an independent counsel to investigate any allegation of corruption against high-level public officials at the federal or state level-and to report his findings to the National Assembly or appropriate house of assembly,” SERAP stated in the letter.

It expressed the belief that the findings by the parliamentary hearing provide sufficient ground for the CJN’s intervention in the matter.

“We therefore urge you to interpret this provision robustly and flexibly in the light of the unique role of the judiciary in the efforts to prevent and combat corruption and its destructive effects on the society.

“We believe your urgent intervention will contribute to improving the integrity of government and public confidence and trust in their government. It would also serve as a vehicle to further the public’s perception of fairness and thoroughness, and to avert even the most subtle of influences that may appear in an investigation of highly-placed executive officials,” the organisation said.

SERAP advised the CJN to be guided by the overall public interest of the right to uninterrupted power supply and the spirit and letter of the constitution, not by technicalities of ICPC Act.

“In particular, Chapter 2 of the 1999 Constitution dealing with Fundamental Objectives and Directive Principles of State Policy, high-level public officials have a clear obligation to eradicate all corrupt practices and abuse of power,” it further stated.

SERAP observed that inadequate electricity supply has compelled many Nigerians to use contaminated surface water for drinking and robbed them of the ability to boil, purify, disinfect and store water. It further argued that the situation has affected Nigerians’ ability use irrigation to boost agricultural productivity, thereby limiting food supplies and shrinking employment opportunities.

The organisation also pointed out that the constitution prohibits the exploitation of the country’s human and natural resources for any reasons other than collective interest, a position that it said is backed by the provisions of the UN Convention against Corruption to which Nigeria is a state party.

“In exercising your statutory and constitutional responsibilities, we urge you to work very closely with both the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crime Commission (EFCC),” SERAP counselled.

The organisation equally noted that successive governments have failed to tell the public that the $16 billion expenditure on power supply amounts to failure.

It added that corruption in the energy sector have resulted in the epileptic power supply and corresponding deprivation and denial of access to quality healthcare, adequate food, shelter, clothing, water, sanitation, medical care, schooling and access to information.

Withdraw Oshiomhole’s N200m mansion retirement benefits, SERAP tells Obaseki

Posted on November 17, 2016 by Staff Reporter

The Socio-Economic Rights and Accountability Project (SERAP) has asked Edo governor, Godwin Obaseki to withdraw the N300m mansio retirement benefits for his predecessor, Adams Oshiomhole and his deputy, Pius Odubu.

The Edo State assembly had amended the state’s pension law providing residential buildings worth N200m and N100m for the governor and his deputy at the expiration of their tenures.

But SERAP in a statement on Thursday through its executive director Adetokunbo Mumuni asked Obaseki to withdraw the benefits and pay pensioners instead.

The statement read in part, “SERAP is aware that the Edo State government is not the only state passing such obnoxious pension laws to provide outrageous retirement benefits to former governors and deputy governors and that many of them are already in the National Assembly receiving multiple benefits and putting their personal bank accounts ahead of the common good. SERAP is finalising a comprehensive legal strategy to challenge these unjust laws and to name and shame those who continue to benefit from such laws.”

“Nigerians should not be made to subsidise these bloated pensions and clearly undeserved perks. Governor Obaseki should not see disadvantaged Nigerians and poor pensioners according to Orwell’s Animal Farm dictum: ‘All animals are equal but some animals are more equal than others’. Approving the amendment by the Edo State House of Assembly will amount to a fundamental breach of the governor’s constitutional oath declaration to serve the interest of justice, common good, transparency and accountability.”

Patience Jonathan Sues SERAP, Says $15m Is Gift

Posted on October 21, 2016 by Staff Reporter

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Wife of ex-President Goodluck Jonathan, Patience, has urged a Federal High Court in Lagos to restrain a human rights organisation, Socio-Economic Rights and Accountability Project, from coercing the Attorney General of the Federation to prosecute her over “unfounded and malicious allegations that she stole $15m.”

Patience claimed that the $15m over which SERAP allegedly asked the AGF to prosecute her was a gift she received over the last 15 years from friends and well-wishers.

The Executive Director of SERAP, Adetokunbo Mumuni, said in a statement on Thursday that the organisation had been served with court papers in Patience’s suit marked, FHC/L/CS/1349/2016.

According to Mumuni, the suit was filed by members of the Union of Niger Delta Youth Organisation for Equity, Justice and Good Governance on behalf of themselves and Patience.

The plaintiffs sought a court order of interim injunction restraining SERAP from using any judicial process to coerce the Attorney General of the Federation and Minister of Justice to prosecute Patience for “owning legitimate private property.”

The plaintiffs also urged the court to restrain SERAP from “taking any further steps in further vilification, condemnation and conviction of the former First Lady, Dame Patience Jonathan, in all public media.”

In the affidavit filed in support of the suit, the plaintiffs accused SERAP of engaging in a campaign of calumny against Patience.

The plaintiffs averred, “There has been a running battle between the Economic and Financial Crimes Commission and Mrs. Jonathan with respect to the release of her legitimately earned funds, which were deposited in accounts opened in the names of certain companies by one of her husband’s aides without her authorisation.

http://punchng.com/patience-jonathan-sues-serap-says-15m-gift/

SERAP Seeks Court’s Permission To Prosecute Patience Jonathan Over $15m

Posted on September 26, 2016 by Staff Reporter

Socio-Economic Rights and Accountability Project (SERAP) has sought the leave of the Federal High Court in Lagos to apply for an order of Mandamus, compelling the Attorney General of the Federation Abubakar Malami (SAN) to prosecute former first lady Mrs. Patience Jonathan over $15m unexplained wealth frozen in four companies’ accounts.

SERAP, in the suit filed on its behalf by its executive director, Adetokunbo Mumuni is asking the court to declare that the failure of the Malami to institute criminal proceedings against Mrs. Jonathan over the disputed accounts is unconstitutional and unlawful as it

contradicts and in conflict with the duties and obligations of the Respondent under the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the Corrupt Practices and Other Related Offences Act 2000.

The organisation in the suit brought under Order 34, Rules 1 (1) (a); 2, Rule 3 (1) and (2) (a), (b) and (c) of the Federal High Court Rules, 2009 and Inherent Jurisdiction of the Court argued that the Attorney General of the Federation has a duty to prosecute inte tional illicit enrichment, that is, a significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income.

SERAP also maintained that, “By virtue of Section 174 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) the Attorney General of the Federation is constitutionally empowered to institute and undertake criminal proceedings against any person in Nigeria in respect of any offence created by or under any Act of the National assembly in superior courts in Nigeria.

http://leadership.ng/news/552039/15m-serap-seeks-courts-permission-to-prosecute-patience-jonathan

SERAP to CBN: Withdraw Corrupt Recruitments Or We’ll Sue

Posted on March 21, 2016 by Staff Reporter

Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to Godwin Emefiele, Governor of the Central Bank of Nigeria (CBN), requesting that he immediately withdraws hundreds of letters of employment issued following a seriously corrupt recruitment process and to put in place a system of recruitment and hiring based on the principles of non-discrimination, transparency, participation and objective criteria such as merit, equity and aptitude.

Warning that it would sue, SERAP said: “Should Mr Emefiele and the CBN fail and/or neglect to act as requested within 14 days of the receipt and/or publication of this letter, the Registered Trustees of SERAP shall take appropriate legal action to ensure effective remedies for millions of Nigerians that have been denied equal opportunity to participate in the recruitment process. And this may be without further notice to you.”

In a statement issued on 18 March and signed by SERAP executive director Adetokunbo Mumuni, it said: “This corrupt process amounts to a fundamental breach of constitutionally and internationally recognized human rights of millions of Nigerians particularly the right to equality and non-discrimination, to work and to human dignity.”

“Instead of the CBN promoting equality of opportunity and access to employment for all Nigerians, it has perpetrated discrimination, and therefore denied an opportunity for economic self?reliance and in many cases a means for millions of Nigerians to escape poverty and live a life of dignity.”

“The process also directly breaches article 7 of the UN Convention against Corruption which Nigeria has ratified. Article 7 requires institutions like the CBN to adopt, maintain and strengthen systems for the recruitment and hiring of civil servants that are based on principles of transparency and objective criteria such as merit, equity and aptitude.”

“SERAP believes that by the secret recruitment, millions of otherwise qualified Nigerians have been treated less favourably than the children of the politically and economically connected. This differential treatment is arbitrary and cannot be reasonably and objectively justified. It can in fact result in pervasive discrimination, stigmatization and negative stereotyping. The secret recruitment also offends the requirement for Nigeria to make the labour market open to everyone in the country.”

“SERAP notes that non-discrimination and equality are essential for the exercise and enjoyment of other constitutionally and internationally recognized human rights, as well as equal and effective protection before and of the law. We also remind you that every Nigerian has the right to be able to work, allowing him/her to live in dignity.”

“SERAP is seriously concerned that the secret recruitment unfairly deprives millions of Nigerians the right to work, impermissibly limiting their freedom regarding the choice to work, and undermining their personal development and social and economic inclusion. While the right to work is not an absolute and unconditional right to obtain employment, it implies the right of access to a system of protection guaranteeing every eligible Nigerian access to employment, and the right not to be unfairly deprived of employment.”

“The secret recruitment has therefore impaired and nullified the exercise of the rights of Nigerians, especially disadvantaged and marginalized individuals and groups to human dignity, equality and non-discrimination.”

“Furthermore, the Nigerian Constitution 1999 (as amended) provides in section 42 that a citizen of Nigeria of a particular group shall not, by reason only that he is such a person: a) be subjected to disabilities or restrictions to which citizens of Nigeria of other groups are not made subject; or be accorded any privilege or advantage that is not accorded to all citizens of Nigeria.”

“Section 16(2) provides that the economic system will not be operated in such a manner as to permit the concentration of wealth or means of production and exchange in the hands of few individuals or of a group, such as the politically and economically connected or their children.”

“Section 17 provides that the state social order is founded on ideals of freedom, equality and justice. Subsection (3) of the same section provides that the state shall direct its policy towards, ensuring that all citizens without discrimination on any group whatever, have the opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment.”

“According to reports, the Central Bank of Nigeria (CBN) carried out an alleged secret recruitment of over 900 employees on your directive and under your supervision. Many of the beneficiaries are said to be children and relatives of the politically and economically connected. Our information suggests that there were no prior notifications on the recruitment through advertisements to give all Nigerians the opportunity to participate.”

Credit : PM News

Breaking : Obasanjo, Yar’Adua, Jonathan Govts Must Account For Recovered Loot – Court

Posted on March 1, 2016 by Staff Reporter

The Federal High Court sitting in Lagos in a landmark judgment has held that successive governments since the return of democracy in 1999 “breached the fundamental principles of transparency and accountability for failing to disclose details about the spending of recovered stolen public funds, including on a dedicated website.”

The court then ordered the government of President Muhammadu Buhari to “ensure that his government, and the governments of former President Olusegun Obasanjo, former President Umaru Musa Yar’Adua, and former President Goodluck Jonathan account fully for all recovered loot.”

The judgment was delivered on Friday by Hon Justice M.B. Idris following a Freedom of Information suit no: FHC/IKJ/CS/248/2011 brought by Socio-Economic Rights and Accountability Project (SERAP).

The details ordered by the court to be disclosed include: information on the total amount of recovered stolen public assets by each government; the amount of recovered stolen public assets spent by each government as well as the objects of such spending and the projects on which such funds were spent. Justice Idris dismissed all the objections raised by the Federal Government and upheld SERAP’s arguments.

Details later.

Credit : Vanguard

45 Per Cent Increase In Electricity Tariffs Will Violate UN Ruling– SERAP

Posted on February 9, 2016 by Staff Reporter

The Socio-Economic Rights and Accountability Project (SERAP) has advised the Minister of Power, Babatunde Fashola, to “ensure that regulatory authorities are not allowed to get away with 45 percent increase in electricity tariffs by promoting compliance with the November 2013 ruling on the matter by two UN special rapporteurs.”

This followed a nationwide protest on Monday by the Nigeria Labour Congress and Trade Union Congress against the increase in electricity tariffs, demanding an immediate reversal of the hike.

In a statement Tuesday by its Executive Director, Adetokunbo Mumuni, SERAP said, “Nigeria is an important member of the UN and have voluntarily accepted its Charter and treaties. Therefore, any effort to increase electricity tariffs should be guided by the recommendations by the UN and dialogue with organized labour and other stakeholders.”

The organization noted that “The United Nations published the Joint Letter of Concern sent to the government of former President Goodluck Jonathan in which they expressed concerns that “access to electricity (and regularity of supply) is a significant problem in Nigeria,” and raised eight questions for the government to answer within 60 days.”

The letter with reference No NGA 5/2013 and dated 26 November 2013, and signed by two special rapporteurs expressed concerns that “at the end of 2012, Nigeria with a population of about 160 million people only generated about 4,000 megawatts of electricity, which is ten times less than some other countries in the region with less population.”

The UN special rapporteurs argued that “all beneficiaries of the right to adequate housing should have sustainable access to energy for cooking, heating and lighting. The failure of States to provide basic services such as electricity is a violation of the right to health.”

Credit: PremiumTimes

SERAP Appeals World Bank’s Decision To Hide Information On Abacha Loot Spending

Posted on February 8, 2016 by Staff Reporter

The Socio-Economic Rights and Accountability Project (SERAP) has sent an appeal over the decision of the World Bank to provide insufficient information on how the government of Nigeria spent the recovered stolen funds by the late General Sani Abacha.

In the appeal by SERAP to the Access to Information (AI) Appeals Board on the bank’s decision dated November 25, 2015, it requested the board to exercise its prerogative and allow disclosure of specific information and any feedback from the World Bank Evaluation Team on the several issues, including the “evidence and list of the 23 projects allegedly completed with recovered Abacha loot, and whether the projects were actually completed; and what became of the two abandoned projects.”

In a statement by SERAP Deputy Executive Director, Olukayode Majekodunmi, the body complained that the World Bank failed to disclose sufficient information on the spending of recovered stolen funds by the government. To this end, it urged the AIAB to prevail on the bank to provide evidence and the location of the eight health centres built with recovered Abacha loot reviewed by the World Bank as well as the evidence and location of the 18 power projects confirmed by the World Bank. SERAP also urged the Appeal Board to direct the bank to state “how the $50 million Abacha loot received before 2005 kept in the special account was spent,” and “evidence and location of schools which benefited from the Universal Basic Education (UBE) programme in the amount of N24.25 billion.”

It also prayed the Appeal Board to request for “evidence and location of the 13 road projects completed with the recovered Abacha loot, including the names of three of the largest road and bridge projects in each geo-political zone” as claimed by the bank. SERAP noted it “considered the decision of the World Bank a serious violation of the AI Policy, as it amounts to improper or unreasonable restriction of access to information.”

In the appeal, dated February 5, 2016, and signed by SERAP deputy executive director, it said: “Following receipt of several documents from the World Bank totalling over 700 pages on the Abacha loot, SERAP commenced independent investigations and verification of some of the information supplied with appropriate agencies and institutions of government. “SERAP is concerned that the World Bank failed and/or neglected to provide several portions of the information requested on the spending of recovered Abacha loot managed by the bank.” It noted that one of the guiding principles of the Policy on Access to Information (AI Policy) was recognizing the right to an appeals process when a request for information in the World Bank’s possession was improperly or unreasonably denied.

Credit: Vanguard

Apologize For Illegally Transferring $322milion Abacha Loot To Dasuki, SERAP Tells Okonjo-Iweala

Posted on December 10, 2015 by Staff Reporter

The Socio-Economic Rights and Accountability Project (SERAP) has asked a former Minister of Finance, Ngozi Okonjo-Iweala, to “apologize to Nigerians for claiming recently that recovered Abacha loot was transparently spent while she knew that $322m (about N63billion) recovered Abacha funds were inappropriately released to finance the fight against Boko Haram.”

SERAP’s statement Thursday followed Mrs Okonjo-Iweala’s confession that she released about $322m to the former National Security Adviser Sambo Dasuki for military operations.

In a statement by its Executive Director, Adetokunbo Mumuni, SERAP said, “The truth about the spending of Abacha loot is now coming out, and it is clear that Mrs Okonjo-Iweala was wrong to accuse SERAP of bias while she knew that we are simply seeking truth, justice and accountability on the spending of recovered Abacha loot.”

“Mrs Okonjo-Iweala’s approach of ‘no answers, no apology’ on how Abacha loot was spent is doing her reputation more harm than good. We hope that she will take cue from the World Bank (her former employer) when it defined ‘accountability and probity’ as knowing what task has been set, accepting to do it, and going about it with a sense of probity.

“Probity implying the willingness to self-disclose such information to which a specific stakeholder group has a right as well as tolerance of the scrutiny of such a stakeholder group on information to which they have a right,” the organization said.

“We therefore urge her to now come out for the sake of millions of Nigerians living in extreme poverty but also of generations as yet unborn and tell Nigerians the whole story about what exactly happened to recovered Abacha loot, as well as publicly apologize for claiming that Abacha loot was transparently spent. She should be willing to be held to account,” the organization added.

Credit: PremiumTimes

Probe Saraki’s Lawyer For Walking Out On CCT, SERAP tells NBA

Posted on November 6, 2015 by Staff Reporter

Socio-Economic Rights and Accountability Project (SERAP) has asked the Nigerian Bar Association (NBA) to “urgently investigate the conduct of lawyers to the Senate President, Bukola Saraki, for walking out on the Code of Conduct Tribunal on Thursday.

The tribunal had refused their application for stay of proceedings in the asset falsification trial against the Senate President.

SERAP said that “It is the role of Sakari’s lawyers to serve their client’s best interests but in doing so they should not act in a manner that would put the administration of justice and the society’s confidence in the judicial system and the fight against corruption at risk.”
In a statement Thursday by SERAP executive director, Adetokunbo Mumuni, the organisation said that, “walking out on the Code of Conduct Tribunal for simply and correctly applying section 305(e) of the newly enacted Administration of Criminal Justice Act is disrespectful.

“SERAP believes that a lawyer’s duty to the court is a fundamental obligation that defines a lawyer’s role within the adversarial system. Lawyers should at all times act to promote the rule of law and the public’s confidence in the administration of justice and not to be seen to undermine it or facilitate an infringement of the law.

“As we have seen many times, without the rule of law, the rule of the jungle takes hold and the economically and socially vulnerable fall victim to the strong and nobody is safe. The rule of law also creates a disincentive for would-be corrupt officials.

“Senior lawyers especially have a responsibility to act as the guardians of the rule of law by contributing to a strong judicial and legal system which is crucial to a well-functioning democracy and which in turn is necessary to satisfactorily prevent and combat years of official corruption in the country.
“If at all Saraki’s lawyers are dissatisfied with the ruling of the Tribunal, there are laid down processes that they should have followed to demonstrate their role as officers in the temple of justice rather than granting media interviews and literally abusing the Tribunal.

“We urge the NBA to urgently investigate what exactly happened and to punish any professional misconduct that may have occurred.”

Credit : Daily Post

Admission Cut Off Marks: SERAP Sues JAMB, UNILAG

Posted on July 27, 2015 by Staff Reporter

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Socio-Economic Rights and Accountability Project(SERAP) has dragged the Joint Admissions and Matriculation Board and the University of Lagos to court over “outrageous cut-off marks decisions”.

The organization is seeking an order stopping JAMB, UNILAG and others from implementing the decision. The suit number FHC/L/CS/1139/2015 filed today at the Federal High Court By Adetokunbo Mumuni on behalf of SERAP and three applicants affected by the cut-off marks decision, the Applicants contend that “the provisions of Section 5(1)(c)(iii) of the JAMB Act are very clear and unambiguous. The letter and spirit of the provisions is to ensure that the preferences of candidates in terms of the university they choose to attend are sacrosanct. Even a contrary or adverse decision by individual university cannot override decision made pursuant to the provisions of Section (5)1)(c)
(iii).”

The three other applicants are: Adeola Hammed Ayobami; Abass Ololade; andAbass Ajibola. The Respondents in the suit apart from JAMB and UNILAG are: the Permanent Secretary, Federal Ministry of Justice and the Permanent Secretary,Ministry of Education. The suit reads in part: “Given that the 2nd-4th Applicants and several other candidates across the country are children striving to pursue their education, it is argued that the interpretation of Section 5(1)(c)(iii)warrants an assessment of the principle of the best interests of the candidates affected and this principle should be taken as a primary consideration when different interests are being considered in order to reach a decision whether to change the preferences of the candidates. There should be a guarantee that the preferences of the candidates will be respected.” “If a legal provision such as Section 5(1)(c)(iii) is open to more than one interpretation, the interpretation which most effectively serves the child’s best interests should be chosen and that in this case will be to fully respect their preferences of universities. The failure of the Respondents to consider the possible negative impact of the decision on the 2nd-4th Applicants and several other

candidates across the country amounts to a breach of Section 5(1)(c)(iii) of the JAMB Act.” “In Meyer v Nebraska, the court held that human dignity denotes the right of the individual to acquire knowledge, engage in the common occupations of life, marry, establish a home and generally enjoy those privileges long recognized as essential to the orderly pursuit of happiness. This means that several candidates across the country are entitled to choose appropriate academic environment they consider conductive, to, in the words of the court in the Meyer case just cited, “acquire knowledge”. Denying them this fundamental right amounts to a blatant violation of Section 34 of the 1999 Constitution and Section 5 of the African Charter on Human and Peoples’ Rights.” “The Applicants urged the court “to that the decision by the Respondents Individually and/or collectively violates the provisions of the Constitution in that it has caused several candidates across the country unnecessary mental suffering, severe enough to be considered inhumane treatment.” “As the court correctly said in R. v Devon CC ex p. George “… a decision that elicits the exclamation ‘my goodness, that is certainly wrong!’” Therefore, the decision by JAMB, UNILAG and others should receive the ‘most anxious scrutiny’ of the courts because the decision is so outrageous and in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the issue at stake could have arrived at it.” “Recognising a right to dignity is an acknowledgement of the intrinsic worth of human beings: human beings are entitled to be treated as worthy of respect and concern. The Applicants further submits that where treatment humiliates or debases an individual showing a lack of respect for, or diminishing, his or her human dignity or arouses feelings of fear, anguish, as it is the case here, the Honorable

Court should hold that a violation of constitutional rights have occurred.” “The Applicants submits that the decision by the Respondent to increase the cut-off point as narrated above is arbitrary, unreasonable, unfair and unjust having being made without any consultation whatsoever and after the 2nd-4th Applicants and several other candidates have been made to believe that the cut-off point would be 180. We further submit that the increase of the cut-off point imposes excessive burdens on the candidates concerned.” “The Respondents in reaching their decision to increase the cut-off points have not struck a proper balance between competing interests, and the decision is therefore unreasonable as it has brought considerable damage and suffering to the candidates across the country, and we urge the Honorable Court to rule.” The Organization is seeking the following reliefs: A DECLARATION that the decision by the Respondents individually and/or

collectively to increase the cut-off point to 250 after stating publicly that it would be 180 interferes with the choices and preferences of the 2nd-4th Applicants and several other candidates across the country and therefore directly violates Section 5(1)(c)(iii) of the JAMB Act Cap 193 of the Laws of the Federation DECLARATION that the cut-off point of 180 set by the 1st Respondent cannot be varied by any university in the country including the 4th Respondent herein was to do so would offend the provisions of Section 5(1)(c)(iii) of the JAMB Act Cap 193 of the Laws of the Federation A DECLARATION that the decision by the Respondents individually and/or collectively to increase the cut-off point to 250 after stating publicly that it would be 180 interferes with the choices and preferences of the 2nd-4th Applicants and several other candidates across the country and therefore directly violates Sections 34 and 39 of the 1999 Constitution (as amended)which

respectively guarantee to everyone the right to the dignity of human person and the right to receive and impart ideas A DECLARATION that the decision by the Respondents individually and/or collectively to increase the cut-off point to 250 after stating publicly that it would be 180 interferes with the choices and preferences of the 2nd-4th Applicants and several other candidates across the country and therefore directly violates Articles 1, 2, 3, 4, 5, 6 and 9 of the African Charter on Human and Peoples’ Rights as contained in the Laws of the Federation A DECLARATION that the decision by the Respondents individually and/or collectively to increase the cut-off point to 250 after stating publicly that it would be 180 interferes with the choices and preferences of the 2nd-4th Applicants and several other candidates across the country and therefore unreasonable, unfair and unjust as it failed to take into account the best interest of the Applicants and several

other candidates, as children AN ORDER directing the Respondents individually and/or collectively to reverse the decision to increase the cut-off point to 250 after stating publicly that it would be 180 and to fully and effectively implement the publicly announced 180 cut-off point AN ORDER restraining the Respondents individually and/or collectively from going ahead to implement the decision to increase the cut-off point to 250 instead of the publicly announced 180 cut-off point FURTHER OR OTHER RELIEFS as the Honorable Court deems fit in the circumstance No date has been fixed for the hearing of the suit. Signed Adetokunbo Mumuni SERAP executive director Lagos, Nigeria

SERAP Asks Buhari To Implement 5-Point Programme To End Corruption

Posted on April 10, 2015 by Staff Reporter

Socio-Economic Rights and Accountability Project (SERAP) has challenged the president-elect General Muhammadu Buhari to “implement a 5-point programme against corruption if he is to send a strong signal of change and ensure improved governance throughout the country.”

In a statement today signed by SERAP executive director Adetokunbo Mumuni, the organization said that, “the biggest obstacle to reconstruction and development in Nigeria is corruption. For many years, systemic corruption has distorted incentives, undermined critical institutions of governance, slowed economic progress and redistributed wealth and power to the undeserving. No wonder the percentage of Nigerians living in poverty has continued to rise.”

“Today the level of confidence in Nigeria is low but there is clearly public enthusiasm that the incoming government will be able to bring about a society that serves its people’s interests,” the organization said.

“Nigerians have heard plenty of rhetoric about corruption and now is the time to take concrete action to combat the problem. SERAP urges the president-elect to consider and implement the following 5-point programme against corruption to make sure that Nigeria does not drop deeper into a pattern of corruption and impunity of perpetrators,” the organization also said.

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