SERAP sues Buhari, others over ‘missing N3.1bn in Finance Ministry’

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari “over his failure to probe allegations that over N3bn of public funds are missing from the Federal Ministry of Finance, and to ensure the prosecution of those suspected to be responsible, and the recovery of any missing public funds.”

The suit followed the grim allegations by the Office of the Auditor-General of the Federation in the 2018 and 2019 annual audited reports that N3.1bn of public funds are missing, misappropriated or unaccounted for.

In the suit number FHC/L/CS/148/22 filed last Friday at the Federal High Court in Lagos, SERAP is seeking: “an order of mandamus to direct and compel President Buhari to ensure the investigation of the alleged missing N3.1bn of public funds, the prosecution of anyone suspected to be responsible, and the recovery of any missing public money.”

In the suit, SERAP is arguing that: “The allegations that over N3bn of public funds are missing amount to a fundamental breach of national anticorruption laws and the country’s international obligations including under the UN Convention against Corruption to which Nigeria is a state party.”

According to SERAP, “Investigating and prosecuting the allegations, and recovering any missing public funds would serve the public interest, and end the impunity of perpetrators.”

SERAP is also arguing that, “The consequences of corruption are felt by citizens on a daily basis. Corruption exposes them to additional costs, and undermines economic development of the country, trapping the majority of Nigerians in poverty and depriving them of opportunities.”

Joined in the suit as Respondents are Mr Abubakar Malami, SAN, Minister of Justice and Attorney General of the Federation; and Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning.

SERAP is arguing that, “It is in the interest of justice to grant this application. The suit is in keeping with the Nigerian Constitution of 1999 [as amended], particularly the provisions on oath of office by public officers, and section 15[5] which requires the authorities to abolish all corrupt practices and abuse of power.”

SERAP is also arguing that, “Complying with constitutional requirements and international standards on transparency and accountability would ensure effective and efficient management of public resources, and put the country’s wealth and resources to work for the common good of all Nigerians.”

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Adelanke Aremo, read in part: “The failure to investigate the allegations of grand corruption in the Ministry of Finance constitutes a grave violation of the duty placed on the authorities to take appropriate measures to promote transparency and accountability in the management of public finances.”

“President Buhari’s constitutional responsibility to ensure the investigation and prosecution of allegations of corruption, as well as recovery of any missing public funds is contained in Section 15[5] of the Nigerian Constitution, which provides that ‘the State shall abolish all corrupt practices and abuse of power’, and in the Oath of Office in the Seventh Schedule of the Constitution.”

“The Oath of Office of the President is considered of such importance that section 140 of the 1999 Constitution provides that the President cannot perform his or her respective official functions as President without taking the oath of office.”

“Granting the reliefs sought would help to address the adverse consequences of alleged diversion of public funds on the human rights of poor Nigerians.”

“Mandamus is a high prerogative writ which lies to secure the performance of a public duty. It gives command that a duty of a public nature which normally, though not necessarily is imposed by statute but is neglected or refused to be done after due demand, be done.”

“If there is a discretion to perform the duty, the court has the power to examine whether the discretion to refuse to act has been properly exercised.”

“Transparent and accountable public financial management is a key pillar of good governance, and of vital importance to create and maintain fair and sustainable economic and social conditions in the country.”

“Articles 5 and 9 of the UN Convention against Corruption impose legal obligations on the Buhari administration to ensure proper management of public affairs and public funds, and to promote sound and transparent administration of public affairs.”

“According to the report of the Auditor-General for 2018, the Ministry of Finance spent N24,708,090.00 on pre-retirement training but without any document. The consultant hired also failed to quote any price as cost of the training but the Ministry paid N5,670,060.00 to the consultant.”

“Request for payment from the consultant was dated 20 January 2017 while the first payment voucher in his favour was dated 13 January 2017 (7 days before his request).”

“The Ministry also reportedly failed to account for N2,885,772,493.27 released to the Ministry from the Service Wide Vote to take care of estacodes and other allowances for representing the Federal Government in meetings, and contribution to Organization for Petroleum Exporting Countries (OPEC).”

“The money was spent without approval, and any documents. The Auditor-General is concerned that the money may have been mismanaged.”

“The Ministry also reportedly awarded a contract on 17th May 2017 for N98,540,500.00 without any document, contrary to the Public Procurement Act. The project was not also budgeted for. There was no evidence of performance of the contract. The Ministry also deducted N9,354,809.52 as WHT and VAT but without any evidence of remittance. The Auditor-General wants the money recovered.”

“The Ministry also reportedly spent N98,759,299.20 between January–December 2017 without any document, contrary to Financial Regulation 601.”

“According to the 2019 report of the Auditor-General, the Ministry paid N20,466,744.00 as cash advances to staff of ‘You-Win’ between 8 February and 18 December, 2018 but the Ministry has failed to retire the money.”

“The advances were granted for the purchase of store items, repairs and other services that would have been made through the award of contract. Government lost N2,046,674.40 which would have accrued as taxes had these jobs been undertaken through award of contracts. The Auditor-General wants the money recovered.”

“The Ministry also reportedly paid N15,471,850.00 to two consultants for capacity building in Kano and Adamawa States but without any supporting document, contrary to paragraph 603 (1) of the Financial Regulations. The Auditor-General is concerned that the money may have been diverted, and wants it recovered.”

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

Kolawole Oluwadare
SERAP Deputy Director
30/1/2022
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
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January 31, 2022
PRESS STATEMENT
CDWR SUPPORTS THE STRIKING ABUJA PRIMARY SCHOOL TEACHERS AND URGES NLC AND PARENTS TO SUPPORT THEIR DEMANDS
WE CALL ON NUT TO MOBILISE MEMBERS TO FIGHT FOR ADEQUATE FUNDING OF PUBLIC EDUCATION
The Campaign for Workers and Democratic Rights (CDWR), Federal Capital Territory, (FCT) Chapter, welcomes the decision of primary school teachers of the Nigeria Union of Teachers (NUT) in FCT-Abuja to go on strike over their unpaid promotion arrears. The strike was first embarked on by both primary and secondary school teachers, with a five-day warning strike in November 2021.
Unfortunately, the last strike which was meant to force the Area Council chairmen to pay the outstanding entitlements of the teachers was later called off by the State Wing Executive Council (SWEC) of NUT following a limited concession which largely affected only secondary school teachers without any concrete commitment to the primary school teachers.
This was why the primary school teachers refused to resume work along with their secondary school counterparts immediately after the end of the warning strike. They however suspended the strike in December 2021 following an agreement with the areas councils. It is therefore, the failure of the Council Chairmen across the FCT to fulfil the initial commitment made with the primary school teachers that informs the ongoing strike of primary school teachers across the FCT.
This is the height of insensitivity and irresponsibility by the Area councils and the FCT Ministry. CDWR condemns this and calls on the teachers, who are protesting the non-implementation of promotion arrears from 2014 to 2018 and its 2020 and 2021 annual increments as well as the refusal to upgrade qualified teachers, to step up the struggle to get their deserved entitlements. This should include congresses across the NUT in the area councils and schools, leaflets and press statements to make sure students and parents are carried along in the struggle and protests to put pressure on the FCTA.
The fact is that the authorities of the area councils and the FCT ministry are not taking the demands of the striking teachers seriously because their top functionaries do not have children in the public primary schools. We believe there’s no better time to press home these demands radically than this moment when the FCTA elections are coming up and some of these irresponsible political representatives will be seeking reelection.
We call on the Nigeria Labour Congress and pro-masses organisations as well as associations of parents to actively support the struggle and demands of the striking teachers and prevail on the Area Council chairmen and the Minister of FCT to immediately meet their legitimate demands. This support is also important so that the children of working class people and the poor who are the majority in public primary schools are not denied access to education.
We also call on the NUT and NLC to fight for, in addition to the demand on the welfare of public school teachers, both at primary and secondary schools, adequate funding and democratic management of schools including the provision of necessary facilities. This is in order to guarantee decent working conditions and the provision of quality public education. This is the only way to ensure quality education is not priced out of the reach of children from the working class and poor background.
SIGNED:
Omole Ibukun
Coordinator, CDWR FCT Abuja

Fuel Tanker Explosion: Okowa visits scene

Governor Ifeanyi Okowa of Delta on Thursday, called for immediate assessment of the cause of the petroleum product tanker explosion, which razed down no fewer than 25 houses and destroyed valuables worth millions of naira in Ohoror community in Ughelli North Local Government Area of the state.

The incident, which occurred on Wednesday night in the community located along Warri-Portharcout Expressway, reportedly claimed two lives in the two trucks involved in the explosion.

Okowa made the call when he visited the scene of the incident.

He commiserated with the community on the tragedy and gave assurance that government would take steps to cushion the effect of the inferno on victims.

The governor said that no effort would be spared in putting out the fire completely and directed the State Director of Fire Service to remain on ground untill the fire was completely extinguished and other oil trucks posing a threat to the community were evacuated.

The governor who was accompanied by the Speaker of the State House of Assembly, Chief Sherrif Oborevwori and Secretary to the State Government, Chief Patrick Ukah, commended the Fire Service for prompt response and advised the community to keep off from the fire scene in addition to being vigilant to avoid loss of lives as government was working hard to contain the spread of the explosion.

Briefing the governor earlier, the state’s Director of Fire Services, Mr Eugene Oziwele, said that his men were alerted at dawn and he quickly mobilized to the community.

He added that fire-fighting trucks were mobolised from Ughelli to ensure that the fire was extinguished completely.

Also briefing the governor, President-General of Uwheru Kingdom, Chief Macpherson Igbedi, said that no fewer than 20 houses were gutted by the fire and appealed for more efforts in evacuating an abandoned tanker laden with gas from exploding.

He said two trucks conveying gas and diesel rammed into each other at the Ohoror junction before the explosion occurred.

The Chairman of Ughelli North Council, Chief Godwin Adode, was on hand to conduct the governor round the affected area.
LEAD BY EXAMPLE, OKOWA URGES PUBLIC SERVANTS

Delta Governor, Sen. (Dr) Ifeanyi Okowa, has charged public servants to show exemplary leadership by making honesty and dedication to duty their guiding principle in order to overcome the challenges plaguing the nation.

The governor gave the charge on Monday in Asaba while swearing in members of Delta State House of Assembly Service Commission which has Mrs Cordelia Anyangwu as Chairman.

Represented by his Deputy, Mr Kingsley Otuaro, Okowa emphasised that once leaders showed good example through good leadership conduct, followers would be forced to adjust thereby improving productivity in the nation’s economy.

He said that if discipline was entrenched in public office, some of the challenges of the country would become a thing of the past.

“This event is another step in our resolve to strengthen and reposition the administrative machinery of the State House of Assembly and other arms of government for optimum performance.

“Your appointment is no doubt a recognition of your record of experience, hard work and contributions to the development of Delta State,” he said.

He urged the new chairman and members of the commission to see their appointment as a call to service and an opportunity to contribute to the growth and sustainable development of the State and its legislature.

“I urge all of you to be team players who should make honesty and dedication to duty your guiding principle, including leading the way of good conduct for other staff to follow by being disciplined, conscientious and punctual to work.

“I charge the newly inaugurated chairman and members of the commission to work assiduously to achieve desired objectives’’.

According to Okowa, the State House of Assembly Service Commission is saddled with the responsibility of managing the workforce of the State Assembly.

“The key responsibilities of the Commission include the appointment of staff to all offices of the State House of Assembly; to promote, transfer and confirm such appointments, including the discipline of erring officials.

“It is on record that the Executive and the Legislative arms of government in the State enjoy a good working relationship and State legislature has long been enjoying financial independence.

“The inauguration of the chairman and members of the assembly service commission will also enhance the administrative independence of the State legislature,” he said.

The governor commended public servants in the State for their continued loyalty, understanding and support and lauded the chairman and members of the immediate past commission for their services to the government and people of the state.

“My dear Deltans, while recognising the challenges we face and the need to overcome them, let us note the progress we have made so far in the life of this administration.

“Let us continue to build on the prevailing peace in the State and do nothing that is capable of heating up the polity.

“We will continue to do our very best by the grace of God, to give effective leadership with integrity, fairness, justice and honour to every part of our dear State,” he stated.

The governor congratulated Mrs Anyangwu for emerging as the Chairman of the Commission, which also has Dr Philomena Onyearone, Chief Timothy Umukoro, Mrs Komboye Mowoe, Sunday Ebireri, Chief Innocent Okofu and Andrew Ukavwe as members.

Responding on behalf of the appointees, Anyangwu expressed gratitude to God for the opportunity given her and members of the commission to serve the state and thanked Governor Okowa for deeming them fit to serve.

“This is a position of trust and confidence. We assure you that we will carry out our activities diligently with absolute loyalty as our guiding principle and will do everything possible to move the Commission forward.”

The ceremony was attended by member Representing Warri Federal Constituency in the House of Representatives, Chief Thomas Ereyitomi; Speaker of the State House of Assembly, Chief Sheriff Oborevwori, represented by the Deputy Speaker. Mr Ochor Ochor; Chief Judge of the state, Justice Theresa Diai, President, Customary Court of Appeal, Justice Patience Elumeze, among others.

PRESS RELEASE

COMPLETION OF LEKKI PORT FINAL SOLUTION TO APAPA GRIDLOCK, SAYS SANWO-OLU

•Publisher commends Governor, LASG EXCO for delivering on promises

Lagos State Governor, Mr. Babajide Sanwo-Olu, on Tuesday said completion of the Lekki Port will put an end to the intractable Apapa gridlock, the congestion along Oshodi-Apapa Expressway, port access roads and Apapa environs.

Governor Sanwo-Olu made the statement at the Opening Ceremony of the Africa Business Convention, organised by Business Day Newspaper at the Eko Hotels and Suites, Victoria Island, Lagos, where he noted that “The final solution to Apapa gridlock will be the completion of Lekki Port.”

The Governor said several measures would be put in place to ensure Apapa is congestion-free, saying that “we need to change the officials regularly to ensure there is no compromise in services rendered.”

Governor Sanwo-Olu who spoke passionately about his administration’s commitment to delivering the dividends of democracy to millions of Lagosians through the THEMES developmental agenda for Greater Lagos said his government has completed iconic projects within the State in the last two and half years.

He also cited some of the infrastructural projects such as Lekki Deep Port, 4th Mainland Bridge, Red and Blue line rails and Imota Rice Mills, among others that are ongoing or in the pipeline, which according to him would be completed and become operational within the next 24 months.

The Governor said the process leading to the commencement of the construction of the 4th Mainland Bridge, which starts from Badore in Ajah and ends in Ikorodu, would be completed before the second quarter of the year.

He said: “Lagos is, in addition to being Africa’s most populous megacity, the continent’s premier business and investment destination, and we will continue to do all within our power to remain so.

“As I speak, several landmark public and private infrastructure and investment projects are underway or nearing completion in Lagos State; the biggest single-train Petroleum Refinery in the world, one of the largest Rice Mills in the world, one of the largest and most modern Deep-Sea Ports on the continent, and West Africa’s biggest Light Rail network. Within the next 24 months, we expect all of these to be operational.

“We are also Africa’s Startup capital, ahead of Nairobi, Cape Town and Johannesburg, in terms of the number of startups and in terms of investment inflows and the size of exits. Flutterwave and Paystack, two of the most prominent African unicorns of the decade, were born here.

“In addition, we are home to several major investments ongoing in real estate, like Eko Atlantic on the edge of Victoria Island, and Alaro City on the Lekki Peninsula.”

Speaking at the event, the Publisher of Business Day Newspaper, Mr. Frank Aigbogun, applauded Governor Sanwo-Olu for the great work he has done in ridding Apapa of traffic gridlocks and for delivering on his promise to the people of Lagos State.

He said: “When we had the interview, which I moderated, hosted by the Lagos Chamber of Commerce and Industry before the elections in 2019, Apapa dominated that conversation. I don’t know how often you go to Apapa Mr. Governor but I think between 23 and 27 minutes these days, you get Apapa.

“When I have an appointment with people, they often will get to the office before I get there because they would make so much room for traffic and they don’t find any traffic on the way; so they are there waiting for me in the office. So, Mr. Governor, I want to acknowledge the work that you have done and to commend you and your team for delivering on your promise.”

SIGNED
GBOYEGA AKOSILE
CHIEF PRESS SECRETARY
01 FEBRUARY 2022