Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari “over his failure to publish the names of those indicted in the alleged misappropriation of over N6 trillion in the running of the Niger Delta Development Commission (NDDC) between 2000 and 2019, as documented in the recent Forensic Audit Report on NDDC.”
In the suit number FHC/ABJ/CS/1360/2021 filed at the Federal High Court, Abuja, SERAP is seeking “an order of mandamus to direct and compel President Buhari to publish the names of those indicted in the alleged misappropriation of over N6trn in the running of the Niger Delta Development Commission (NDDC) between 2000 and 2019.”
The suit, which has been assigned to Honourable Justice Binta Nyako at Court 2, is fixed for hearing on 29th November 2021.
SERAP is also seeking “an order of mandamus to compel President Buhari to direct Mr Abubakar Malami SAN, the Attorney General of the Federation and Minister of Justice and appropriate anti-corruption agencies to bring to justice anyone suspected to be responsible for the missing N6trn, and to fully recover any stolen public funds.”
SERAP is arguing that, “It is in the public interest to promptly publish the names of those indicted in the audit report, and to ensure that they face prosecution, as appropriate.”
According to SERAP, “The public interest in publishing the names of those indicted by the audit report outweighs any considerations to withhold the information, as there would be no prejudice against those whose names are published as long as the information is appropriately framed and truthful.”
SERAP is also arguing that, “The Buhari administration has legal obligations under Section 15(5) of the Nigerian Constitution 1999 [as amended] to abolish all corrupt practices and abuse of power, and article 26 of the UN Convention against Corruption to ensure effective prosecution of allegations of corruption.”
SERAP is further arguing that, “The audit report raises prima facie evidence of grand corruption and its staggering effects in the Niger Delta. Nigerians have the right to know the names of those indicted and other details in the report, as guaranteed under the African Charter on Human and Peoples’ Rights and the Freedom of Information Act.”
SERAP is also arguing that, “Publishing widely the report and the names of those indicted would remove the possibility of obstruction of justice, and provide insights relevant to the public debate on the ongoing efforts to combat grand corruption and the longstanding impunity of perpetrators in the country.”
SERAP is also seeking “an order of mandamus to direct and compel President Buhari to “widely publish and make available to Nigerians the Forensic Audit Report on the Niger Delta Development Commission (NDDC) submitted to him on September 2, 2021.”
Joined in the suit as Respondent is Mr Abubakar Malami, SAN.
The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “Nigeria has made legally binding commitments under the UN Convention against Corruption to ensure transparent management of public resources, and unhindered access to public information. These commitments ought to be fully upheld and respected.”
“Directing and compelling President Buhari to publish the names of those indicted in the report would advance the victims’ right to restitution, compensation and guarantee of non-repetition, as well as improve public confidence in the fight against corruption.”
“Publishing the names of those indicted would be entirely consistent with Nigeria’s constitutional and international anti-corruption commitments.”
“Combating the corruption epidemic in the NDDC and reining in those indicted would alleviate poverty, improve access of Nigerians to basic public goods and services, and enhance the ability of the government to meet its human rights and anti-corruption obligations.”
“Despite the country’s enormous oil wealth, ordinary Nigerians have derived very little benefit from trillions of naira budgeted for socio-economic development in the region primarily because of widespread grand corruption, and the entrenched culture of impunity of perpetrators.”
“Nigerians are entitled to the right to receive information without any interference or distortion, and the enjoyment of this right should be based on the principle of maximum disclosure, and a presumption that all information is accessible subject only to a narrow system of exceptions.”
“According to public interest test, even if the government demonstrates that the publication of the names of public officials would substantially harm a legitimate interest, it is nevertheless obliged to disclose the requested information if, as it is the case here, the public interest in disclosure is sufficient enough to overweigh any perceived harm.”
“The missing N6 trillion and over 13,000 abandoned projects in the Niger Delta have continued to have a negative impact on the human rights of Nigerians, undermining their access to basic public goods and services, such as education, healthcare, and regular and uninterrupted electricity supply.”
“Public schools have been left to crumble and wither away, and health care facilities in several parts of the region lack even the most basic of amenities.”
It would be recalled that SERAP had in a letter dated 25 September 2021, requested President Buhari to publish the names of those indicted in the audit report.
The Forensic Audit Report into the activities of the Niger Delta Development Commission (NDDC) reveals grim allegations of misappropriation of N6 trillion in the commission between 2000 and 2019, and that there are over 13,000 abandoned projects in the Niger Delta.
According to the report, the NDDC operated a total of 362 bank accounts, which resulted in a ‘lack of proper reconciliation of accounts.’
Kolawole Oluwadare
SERAP Deputy Director
21/11/2021
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202
PRESS STATEMENT
Senate President felicitates former President Goodluck Jonathan at 64
The President of the Senate, Ahmad Lawan, felicitates former President, Goodluck Jonathan, as he marks his 64th birthday.
Lawan rejoices with the former Nigerian leader for his good health and for the selfless service that he continues to offer in Nigeria and in Africa.
“Since leaving office in Nigeria, President Jonathan has put his high standing, experience and energy to working for peace, democracy and development in Africa.
“The former President has demonstrated how a great leader can continue to play very significant role even out of office.
“President Jonathan believes in the Nigerian project and has amply demonstrated this by promoting unity and peaceful coexistence in Nigeria.
“His acts of statesmanship has been recognised even outside Nigeria and has made him a good example of leadership in Africa.
“I join his friends, political associates and numerous well-wishers in wishing him many more happy celebrations of this day and many more years of impactful service,” Lawan says.
Signed:
Ola Awoniyi
Special Adviser (Media) to President of the Senate
Saturday, 20th November, 2021
PRESIDENT BUHARI TO IGBO LEADERS: YOUR DEMAND FOR NNAMDI KANU’S RELEASE IS HEAVY. I WILL CONSIDER IT
An unconditional release of Nnamdi Kanu, leader of the outlawed Indigenous People of Biafra (IPOB), currently standing trial, runs contrary to the doctrine of separation of powers between the Executive and Judiciary, President Muhammadu Buhari has said.
Receiving a group under the aegis of Highly Respected Igbo Greats, led by First Republic parliamentarian and Minister of Aviation, Chief Mbazulike Amaechi, at State House, Abuja, the President told the 93-year-old statesman:
“You’ve made an extremely difficult demand on me as leader of this country. The implication of your request is very serious. In the last six years, since I became President, nobody would say I have confronted or interfered in the work of the Judiciary. God has spared you, and given you a clear head at this age, with very sharp memory. A lot of people half your age are confused already. But the demand you made is heavy. I will consider it.”
Stressing his policy of non-interference with the Judiciary, President Buhari said when Kanu jumped bail, got arrested and brought back to the country, “I said the best thing was to subject him to the system. Let him make his case in court, instead of giving very negative impressions of the country from outside. I feel it’s even a favour to give him that opportunity.”
The President condoled with Chief Amaechi, who recently buried his wife, praying that her soul would rest in peace.
The nonagenarian had described the situation in the Southeast as “painful and pathetic,” lamenting that businesses have collapsed, education is crumbling, and there is fear everywhere.
He pleaded for a political, rather than military solution, requesting that if Kanu was released to him as the only First Republic Minister still alive, “he would no longer say the things he had been saying,” stressing that he could control him, “not because I have anything to do with them (IPOB), but I am highly respected in Igbo land today.”
Chief Amaechi said twice he had interfaced with Nnamdi Kanu in the past, and the latter rescinded orders earlier given on civil disobedience.
He concluded: “I don’t want to leave this planet without peace returning to my country. I believe in one big, united Nigeria, a force in Africa. Mr President, I want you to be remembered as a person who saw Nigeria burning, and you quenched the fire.”
Other people in the visiting delegation were; His Excellency Chukwuemeka Ezeife, former Governor of Anambra State, Bishop Sunday Onuoha of the Methodist Church, Chief Barrister Goddy Uwazurike, former President of Igbo socio-cultural group, Aka Ikenga, and Mr Tagbo Mbazulike Amaechi.
Femi Adesina
Special Adviser to the President
(Media and Publicity)
November 19, 2021
PRESIDENT BUHARI FELICITATES WITH APC CARETAKER COMMITTEE CHAIRMAN, MAI MALA BUNI, ON 54TH BIRTHDAY
President Muhammadu Buhari sends warm greetings to the Chairman of All Progressives Congress (APC) Caretaker/Extraordinary Convention Planning Committee, Mai Mala Buni, on his 54th birthday.
The President commends the party chieftain for providing exceptional and visionary leadership at state and national levels, noting in particular the role played by the Chairman, who is also the Governor of Yobe State, in successfully repositioning the party, with remarkable evidence in increased membership, healthy social atmosphere and exemplary internal democracy.
The President extols the political leader for inspiring hope in the young and old for a greater and better future for Nigeria by embarking on a historic reconciliation and restitution drive that has strengthened the governing party and positioned it for victories, starting with the successful ward, local and state conventions, and build up to a national convention.
President Buhari notes the laudable achievements of the Buni led political team that rekindled hope in members, attracted new members, including key leaders in other parties, and steadily showed the APC as the most organised, well-structured and fully motivated platform for bringing development to the country.
As the Governor of Yobe State turns 54, the President prays for his good health, more wisdom and courage to actualize his dreams for the party and the country.
Garba Shehu
Senior Special Assistant to the President
(Media & Publicity)
November 19, 2021