Pascal Arogorn Ibe
Socio- Economic Rights and Accountability Project has filed a lawsuit against the President, Muhammadu Buhari over the failure to disclose information and documents relating to the names of people from whom N 800bn looted public funds have been recovered, specific dates of the recovery , and details of projects on which the money had been spent. ”
A statement signed by SERAP Deputy Director , Kolawole Oluwadare , noted that the President had, in paragraph 78 of his speech to mark Democracy Day on June 12, 2020, stated that: “ the government has recovered looted funds in excess of N 800 billion . These monies are being ploughed into development and infrastructure projects . ”
In the suit number FHC/ABJ/CS/1064/2020 filed last Friday at the Federal High Court , Abuja , SERAP is seeking “ an order for leave to apply for judicial review and an order of mandamus to direct and/or compel President Buhari to publish a comprehensive list of names of people from whom N 800bn in looted funds have been recovered , the details of spending of the money, and the specific dates of the recovery . ”
SERAP is also seeking : “ an order of mandamus to direct and compel President Buhari to instruct appropriate anti -corruption agencies to promptly, thoroughly and transparently investigate alleged payment of N 51bn of public funds into individual private accounts in 2019. ”
Joined in the suit as respondents are Mr . Abubakar Malami, SAN, Attorney General of the Federation and Minister of Justice; and Mrs . Zainab Ahmed, Minister of Finance , Budget and National Planning.
In the suit , SERAP is arguing that the court ought to compel the respondents to disclose the details and whereabouts of the public funds .
“ There is no legally justifiable reason why the information should not be made widely available to Nigerians , especially as the Nigerian Constitution of 1999 ( as amended) requires the government in section 15( 5) to abolish all forms of corruption. That means ensuring transparency and accountability in the management of public resources and wealth , ” it stated.
The suit followed SERAP ’ s Freedom of Information ( FoI) request dated 13 June , 2020 to President Buhari, stating that : “ The public has a right to know how recovered N 800bn loot has been spent, and the details and purpose of the alleged payments of N 51bn into individual private accounts . Transparency over transactions by the government is critical to ensuring public confidence in the integrity of management of public resources and wealth . ”
SERAP is also arguing that : “ Granting the reliefs sought will ensure transparency and accountability, as the information sought to be published will reveal the truth of where money is going and why it is there , and allow Nigerians an opportunity to assess the impacts of any projects carried out with the recovered loot and the alleged payments into individual private accounts . ”
The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “ As a signatory to the UN Convention against Corruption , the African Union Convention on Preventing and Combating Corruption, and the African Charter on Human and Peoples ’ Rights, Nigeria has committed to ensure transparent management of public resources , and unhindered access to public information . These commitments ought to be fully upheld and respected. ”
“ Transparency and accountability in governance is in the public interest . Publishing the details regarding the N 800 billion recovered loot and investigating the alleged suspicious payments into personal accounts would be entirely consistent with Nigeria ’ s international anti -corruption commitments . ”
“ The authorities are required to set the highest standards of transparency, accountability and probity in the management of these resources and wealth , and the programmes that they oversee . ”
“ Disclosing the details of projects on which the N 800bn recovered loot have been spent and publishing a comprehensive list of names of people from whom they have been recovered, as well as investigating alleged payment of billions of naira into individual private accounts , would be entirely consistent with the oft- expressed anti -corruption commitments by the government . “
It would be recalled that BudgIT , a civic tech organisation, recently reported that “ the open treasury portal by the federal government allegedly showed that payments totaling N 51bn were made into individual accounts in 2019. ”
No date has been fixed for the hearing of the suit .
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