Economy

SERAP to Wold Bank; Suspend Loans to Nigeria’s 36 States

By Web News 313

The Socio-Economic Rights and Accountability Project, SERAP, has urged the World Bank President, Mr Ajay Banga, to suspend issuing loans to Nigeria’s 36 states over allegations of mismanaging public funds, including loans obtained from the institution.

It also urged the World Bank to probe the spending of over $8.5 billion in loans and other facilities by the 36 state governors in Nigeria.

SERAP, in a statement by its Deputy Director, Kolawole Oluwadare, said: “The World Bank and its partners cannot continue to give loans and other funding to these states where there are credible allegations of mismanagement or diversion of public funds.

“We are concerned that there is a significant risk of mismanagement or diversion of funds linked to the Bank’s investments in many of the country’s 36 states. It is neither appropriate nor responsible lending to give loans to these states only for the loans to be misspent.”

The letter, read in part: “The World Bank’s lending and support for these states may create the impression of complicity in the allegations of mismanagement or diversion of public funds by the states which may include loans from the Bank and its partners, and federal allocations.

“We would consider the option of pursuing legal action should the World Bank fail or fail to implement the recommendations contained in this letter, and we may join the country’s 36 states in any such suit.

“According to Nigeria’s Debt Management Office, the total public debt portfolio for the country’s 36 states and the Federal Capital Territory is N9.17 trillion. The Federal Government’s public debt portfolio is N78.2 trillion.

“We also urge you to demand expressed commitment from Nigeria’s 36 governors to address credible allegations of mismanagement or diversion of public funds in their states and provide guarantees that loans and funding from the Bank and its partners would not be used to fund the luxurious lifestyles of politicians.

“We urge the Bank to send independent monitors to the 36 states to monitor the spending of the loans and other funding obtained from the Bank and its partners to remove the risks of mismanagement or diversion of public funds by these states.

“The World Bank currently has a portfolio of about $8.5 billion spread across the country. The bank has also approved several loans and other funding facilities to the country’s 36 states, including the recent $750 million credit line meant for the states to carry out reforms to attract investment and create jobs.

“The accounts of Nigeria’s 36 states are generally not open to public scrutiny as many of them continue to refuse freedom of information requests seeking transparency and accountability in the spending of public funds.

“The World Bank and its partners need to make clear to Nigeria’s state governors that it would not tolerate any mismanagement or diversion of public funds by immediately suspending any pending loans and other funding to them until the allegations of mismanagement or diversion of public funds are investigated.”

Vanguard/ Oluwayemisi Owonikoko

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Politics

Drop Alleged Plan to Spend N110bn on Bulletproof Cars, Others, SERAP Tells NASS

By Web News 426

Socio-Economic Rights and Accountability Project (SERAP) has urged the Senate President, Mr Godswill Akpabio and Speaker of House of Representatives, Mr Tajudeen Abbas “to drop the scandalous plan to spend N40bn on 465 exotic and bulletproof cars for members and principal officials, and N70bn as ‘palliatives’ for new members.”

SERAP urged them to “repeal the 2022 Supplementary Appropriation Act to reduce the budget for the National Assembly by N110bn, reflect the current economic realities in the country and address the impact of the removal of fuel subsidy on the over 137 million poor Nigerians.

SERAP also urged them to “request President Bola Tinubu to present a fresh supplementary appropriation bill, to redirect the N110 billion to address the situation of the over 20 million out-of-school children in Nigeria, for the approval of the National Assembly.”

According to reports, “While N70 billion ‘support allowance’ is budgeted for 306 new lawmakers, only N500 billion worth of palliatives is budgeted for 12 million poor Nigerians. N40 billion is also allocated to buy 465 Sports Utility Vehicles (SUVs) and bulletproof cars for members and principal officials.”

In the letter dated 15 July, 2023 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “This travesty, and apparent conflicts of interest and self-dealing by members of the National Assembly must stop.”

SERAP said, “It a fundamental breach of their fiduciary duties for members of the National Assembly to arbitrarily increase their own budget and to use the budget as a tool to satisfy the lifestyle of lawmakers.”

The letter, read in part: “It is a grave violation of the public trust and constitutional oath of office for members of the National Assembly to unjustifiably increase their own budget at a time when over 137 million poor Nigerians are living in extreme poverty exacerbated by the removal of fuel subsidy.”

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

“Rather than exercising their constitutional and oversight functions to pursue the public interest by considering bills to improve the conditions of the over 137 million poor Nigerians who are facing the impact of the removal of fuel subsidy, the lawmakers seem to be looking after themselves.”

“According to reports, no fewer than 107 units of the 2023 model of the Toyota Landcruiser and 358 units of the 2023 model of Toyota Prado would be bought for the use of members of the Senate and the House of Representatives respectively.”

“The planned purchase is different from the official bulletproof vehicles expected to be purchased for the four presiding officers of the National Assembly.”

“The proposed spending of N110 billion by members of the National Assembly is apparently on top of the N281 billion already provided for the lawmakers in the 2023 National Assembly budget. The proposed spending is also different from the N30.17 billion budgeted for the ‘inauguration expenses’ for new members.”

“SERAP is concerned that the budget for the National Assembly may further be increased as members are reportedly demanding an upward review of their salaries and allowances purportedly to offset the impact of the removal of fuel subsidy.”

“Section 14(2)(b) of the Nigerian Constitution of 1999 [as amended] provides that, ‘the security and welfare of the people shall be the primary purpose of government.”

“Under Section 16(1)(a)(b), the National Assembly has the obligations to ‘harness the resources of the nation and promote national prosperity and an efficient, a dynamic and self-reliant economy’, and to ‘secure the maximum welfare, freedom and happiness of every citizen.’”

“Section 18 of the Constitution of Nigeria provides among others that: ‘Government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels. Government shall strive to eradicate illiteracy; and to this end Government shall provide (a) free, compulsory and universal primary education.”

“The Compulsory, Free Universal Basic Education Act also provides in Section 2(1) that, ‘Every Government in Nigeria shall provide free, compulsory and Universal basic education for every child of primary and junior secondary, school age.’”

“The proposed spending of N110 billion by members of the National Assembly is a fundamental breach of the Nigerian Constitution and the country’s international human rights obligations.”

“Nigerians have a right to honest and faithful performance by their public officials including lawmakers, as public officials owe a fiduciary duty to the general citizenry.”

“Cutting the N110 billion from the budget of the National Assembly would be entirely consistent with your constitutional oath of office, and the letter and spirit of the Nigerian Constitution, as it would promote efficient, honest, and legal spending of public money.”

“The problem of out-of-school children has continued to have catastrophic effects on the lives of millions of children, their families and communities.”

“By being out of school, these Nigerian children have been exposed to real danger, violence and even untimely death. Redirecting the proposed spending of N110 billion to address the situation of over 20 million out-of-school children across the country would improve access of Nigerian children to quality education.”

“Education is both a human right in itself and an indispensable means of realizing other human rights. As an empowerment right, education is the primary vehicle by which economically and socially marginalized adults and children can lift themselves out of poverty and obtain the means to participate fully in their communities.”

“Under international law, states are required to progressively implement socio-economic rights including the right to quality education commensurate with the level of resources available. Gross misallocation of resources to the detriment of the enjoyment of the right to quality education can constitute a human rights violation.”

Vanguard/Simeon Ugbodovon

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Judiciary

Abacha Loot: SERAP Sues Buhari, Malami

By Web News 516

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari over “the failure to publish copy and details of the agreement the Federal Government recently signed with the United States for the repatriation of $23 million stolen by the late dictator Sani Abacha”.

A statement released on Sunday by the Deputy Director of SERAP, Kolawole Oluwadare revealed the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN) was also included in the suit as respondent. 

‘’The United States government had in August signed an agreement with the Federal Government to repatriate $23 million Abacha loot to Nigeria. The $23 m adds to the $311.7 m Abacha loot repatriated from the U.S. to Nigeria in 2020’’, the statement read.

In the suit which was filed on Friday, September 23, 2022 at the Federal High Court, Abuja, SERAP is asking the court to “direct and compel President Buhari and Mr. Abubakar Malami to release and widely publish a copy of the agreement on the Abacha loot with the U.S.”

The Organization is also asking the court to “direct and compel President Buhari and Mr Abubakar Malami to publish details of the transparency and accountability mechanisms that have been put in place to ensure that the repatriated funds are not mismanaged, diverted or re-stolen.”

“The Nigerian Constitution 1999 [as amended], the Freedom of Information Act, and the country’s international obligations impose transparency obligations on the Federal Government to widely publish the agreement on the $23 m Abacha loot”, SERAP argued.

It also argued that “Publishing a copy of the agreement with the U.S. would allow Nigerians to scrutinize it, and to monitor the spending of the repatriated loot to ensure that the money is not mismanaged, diverted or re-stolen.”

According to SERAP, “the repatriated $23 m Abacha loot is vulnerable to corruption and mismanagement; alleging that a substantial part of the estimated $5 bn returned Abacha loot since 1999 may have been mismanaged, diverted, or re-stolen, and in any case, remain unaccounted for”.

The Organization further explained that the Federal Government has a responsibility to ensure transparency and accountability in how any repatriated stolen funds are spent, to reduce vulnerability to corruption and mismanagement.”

SERAP, therefore, urged the court to grant its application for the sake of public interest, and the interest of justice, stressing that Nigerians are entitled to their constitutionally and internationally recognized human right to information”.

Annabel Nwachukwu

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Politics

SERAP, Others Sue INEC over Failure to Extend Voter Registration

By Web News 474

The Socio-Economic Rights and Accountability Project (SERAP) and 185 concerned Nigerians have sued the Independent National Electoral Commission (INEC) over its failure to extend voter registration ahead of the 2023 general elections.

This was disclosed in a statement released on Sunday by Kolawole Oluwadare, SERAP Deputy Director, asking the court to determine whether the failure of INEC to extend the deadline for voter registration is not a violation of the Nigerian Constitution, 1999 [as amended], the Electoral Act, and international standard.

However, Mr Kolawole noted that no date has been fixed for the hearing of the suit.

According to the statement, SERAP and others asked the court to “declare unconstitutional, illegal, and incompatible with international standards the failure of the electoral body to extend the deadline for voter registration to allow eligible Nigerians to exercise their rights.”

“Against its earlier stance, INEC recently extended the deadline for the conduct of primaries by political parties by six days, from June 3 to June 9.

But the commission has failed to also extend the online pre-registration which ended May 30, 2022 and the Continuous Voter Registration (CVR) ending 30, June 2022.

“In the suit number FHC/L/CS/1034/2022 filed on Friday at the Federal High Court, Lagos, SERAP is asking the court to determine ‘whether the failure of INEC to extend the deadline for voter registration is not a violation of Nigerian Constitution, 1999 [as amended], the Electoral Act, and international standards,'” the statement read in part.

SERAP is also asking the court for “a declaration that the failure of INEC to extend the deadline for voter registration is a violation of eligible Nigerians’ rights to participate freely in their own government, equality and equal protection.”

SERAP and others are also seeking “an order of mandamus to direct and compel INEC to extend voter registration by a minimum of three months and take effective measures to ensure that eligible Nigerians are able to register to exercise their right to vote in the 2023 general elections.”

In the suit, SERAP is arguing that: “Enforcing unrealistic voter registration deadline while extending the deadline for party primaries would deny and abridge the constitutional and international human rights of eligible voters.”

SERAP is also asking the court for “an order restraining INEC, its agents, privies, assigns, or any other person(s) claiming through it from discontinuing the continuous voters’ registration exercise from the 30th June 2022 or any other date pending the hearing and determination of this suit.”

The suit filed on behalf of SERAP by its lawyers, Oluwadare and Opeyemi Owolabi, read in part: “Extending the voter registration exercise would also bolster voter confidence in the electoral process.

“One of the people’s most sacred rights is the right to vote. The commission has a constitutional and statutory responsibility to ensure the effective exercise of the right of all eligible voters to participate in their own government.

“Extending the deadline for party primaries without providing adequate time and opportunity for eligible voters to register and participate in the 2023 general elections would amount to an unfair and discriminatory treatment of Nigerian voters, and violate other human rights.

“The public perception of the independence and impartiality of INEC is essential for building public confidence in the electoral process, and ensuring the credibility and legitimacy of the 2023 elections.”

“The Nigerian Constitution 1999 (as amended) provides in Section 14(1)(c) that, ‘the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.’

“Section 9(6) of the Electoral Act 2022 provides that ‘the registration of voters, updating and revision of the Register of Voters under this section shall not stop not later than 90 days before any election covered by this Act.’

“Similarly, the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights, and the African Charter on Democracy, Elections and Governance guarantee the right to political participation,” it added.

Sahara Reporters / Titilayo Kupoliyi

News Analysis

On the Purchase of Exotic Cars by the House of Representatives

By Web News 1933

Recently, the House of Representatives placed orders for the supply of four hundred units of Toyota Camry 2020 model.

At an executive closed-door session, the lawmakers rejected Nigerian brands, insisting on foreign ones, preferably imported and not locally assembled.

The four hundred saloon cars will be allocated to each of the three hundred and sixty members and some top members of management staff, chiefs of staff to the two presiding officers as well as some of their special advisers and assistants.

Before now, about fourteen Toyota Land Cruiser Prado were shared to the presiding and principal officers as well as chairmen of select House committees.

The House discovered that the national assembly had been turned into a dumping ground for smuggled and refurbished automobiles.

It is in the light of this that, the Socio-Economic Rights and Accountability Project, SERAP, and one hundred and ninety-two concerned Nigerians have filed a lawsuit asking the Federal High Court in Abuja to stop the speaker of the House of Representatives, Mr Femi Gbajabiamila, and all members of the House from spending an estimated five billion naira to buy cars.

SERAP is also seeking a court order to restrain and stop the National Assembly Service Commission from releasing any public funds to the House of Representatives to buy the vehicles, until an impact assessment of the spending on access to public services and goods like education, security, health and clean water, is carried out.

SERAP argued that lawmakers make up a small fraction of the country’s population and their needs should not be placed above the welfare of two hundred million Nigerians.

In the statistics of the World Poverty Clock, the number of extremely poor Nigerians has risen to over ninety-one million as at February last year.

The plan by the National Assembly to spend over five billion naira to buy vehicles for principal members of the Senate is a conflict of their personal interests with national interest of financial competence.

The nation’s lawmakers earn about thirteen point five million naira monthly which is one of the highest in the world.

For instance, in America, a senator earns one hundred and seventy-four thousand dollars and in the United Kingdom, a member of parliament earns about sixty-four thousand dollars a year.

It is unbelievable that the House of Representatives could shun indigenous auto assembly plant, in order to buy the 2020 edition of Toyota SUVs.

This is coming at a time when the government is asking Nigerians to tighten their belts by patronising made-in-Nigeria goods.

Government officials should also be seen as doing so.

It is not right for customs officials to impound imported rice, turkey and toothpicks while government officials are seen to be doing otherwise.

If the nation must be on par with developed countries of the world, the government needs to use the resources at its disposal for the development of the country.

It is therefore imperative that the idea of the National Assembly in purchasing imported cars should be discarded forthwith.

Fawzeeyah Kasheem