Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Senate President, Dr Ahmad Lawan, and Speaker of House of Representatives, Mr Femi Gbajabiamila over “their failure to probe, and to refer to appropriate anti-corruption agencies allegations that N4.4bn of public money budgeted for the National Assembly is missing, misappropriated, diverted or stolen, as documented in three annual audited reports by the Office of the Auditor-General of the Federation.”
The suit followed the publication of annual audited reports for 2015, 2017, and
2018 in which the Auditor-General of the Federation raised “concerns about
alleged diversion and misappropriation of public funds, sought the recovery of
any missing funds, and asked that the evidence of recovery should be forwarded
to his office.”
In the suit number FHC/ABJ/CS/366/2021 filed last Friday at the Federal High
Court in Abuja, SERAP is seeking: “an order of mandamus directing and
compelling Dr Lawan, Mr Gbajabiamila and the National Assembly to perform their
constitutional oversight functions to ensure prompt and transparent
investigation into the allegations that N4.4 billion budgeted for the National
Assembly may be missing and unaccounted for.”
In the suit, SERAP is arguing that “By the combined reading of the provisions
of the Nigerian Constitution of 1999 [as amended], the International Covenant
on Economic, Social and Cultural Rights, and the UN Convention against
Corruption, which Nigeria has ratified, the National Assembly has legal duties
to combat corruption, and promote transparency and accountability in the
management of public resources.”
According to SERAP: “transparency and accountability in the management of
public resources and wealth is essential for promoting development, people’s
welfare and well-being, and their access to basic public services, as well as
good governance and the rule of law.”
SERAP is also arguing that “The National Assembly has legal responsibility to
ensure that the serious allegations of corruption and mismanagement documented
by the Office of the Auditor-General of the Federation are promptly,
independently, thoroughly, and transparently investigated, and to end the
culture of impunity that is fuelling these allegations.”
According
to SERAP: “The failure of the National Assembly to promptly and thoroughly
investigate, and to refer to appropriate anti-corruption agencies the
allegations documented in the annual audited reports for 2015, 2017 and 2018 is
a fundamental breach of the oversight and public interest duties imposed on the
legislative body by sections 4, 88 and 89 of the Nigerian Constitution.”
The
suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Adelanke
Aremo, read in part: “Granting this application would serve the interest of
justice, reduce corruption and mismanagement, as well as end impunity of
perpetrators, and advance the fundamental human rights of Nigerians.”
“This
suit seeks to vindicate the rule of law, the public interest, and to promote
transparency and accountability. Government agencies and institutions are
responsible to a court of justice for the lawfulness of what they do, and of
that the court is the only judge. The National Assembly has no legally
justifiable reason to refuse to investigate the allegations documented by the
Office of the Auditor-General of the Federation.”
“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
would be recalled that SERAP had in a letter dated 30 January 2021 requested Dr
Lawan and Mr Gbajabiamila to “use their good offices to urgently probe and
refer to appropriate anti-corruption agencies allegations that N4.4 billion of
public money budgeted for the National Assembly may have been misappropriated,
diverted or stolen.”
The
letter, read in part: “The Auditor-General noted in his 2015 report that the
National Assembly account was spent N8,800,000.00 as unauthorised overdraft,
contrary to Financial Regulations 710. The National Assembly also reportedly
spent N115,947,016.00 without any documents. Another N158,193,066.00 spent as
cash advances to 17 staff between January and June 2015 is yet to be retired.”
“The
Senate reportedly spent N186,866,183.42 to organise Senate Retreat and
Pre-Valedictory Session for the 7th Senate, although the money was meant to pay
vehicle loan. The Senate also reportedly spent N15,964,193.63 as bank charges
between July and December, 2015, contrary to Financial Regulations 734.”
“The
House of Representatives also reportedly spent N624,377,503.30 to buy 48
Utility Vehicles. However, 14 vehicles were not supplied. The House also failed
to make the 34 vehicles supplied available for verification. Similarly, the
House spent N499,666,666.00 as cash advances to staff to carry out various
assignments but has failed to retire the money.”
“The
House of Representatives also reportedly paid N70,560,000.00 as overtime and
‘special’ allowances to officials who are not legislative aides between
November and December 2015 without any authority.”
“The
National Assembly Service Commission reportedly failed to remit N30,130,794.10
deducted from the salaries of the Executive Chairman and the Commissioners as
car loan.”
“The
National Assembly Budget and Research Office reportedly spent N66,303,411.70 as
out-of-pocket expenses without any documents. The National Institute for
Legislative and Democratic Studies paid N246,256,060.51 by cheques, despite the
prohibition of payments by cheque by the Federal Government, except in extreme
cases, and contrary to Financial Regulation 631.”
“According
to the Auditor-General Report for 2017, the House of Representatives reportedly
spent ₦95,212,250.00 without due process and without any documents. The
National Assembly Management Account also reveals that N673,081,242.14 was
spent between April and October 2017 without any documents. The Auditor-General
reported that the funds may have been misappropriated.”
“The
Senate Account also reportedly shows that ₦1,364,816,397.95 was spent on store
items without any documents to show for the spending. The Auditor-General
stated that his office was denied access to the store and to the Senate’s
records.”
“The
National Institute for Legislative and Democratic Studies also reportedly
failed to remit ₦2,181,696.50 from contract of goods and services. The
Institute also paid ₦67,296,478.00 without any payment vouchers.”
No
date has been fixed for the hearing of the suit.
0 Comments
DISCLAIMER
The views and opinions expressed on this platform as comments were freely made by each person under his or her own volition or responsibility and were neither suggested nor dictated by the owners of Precious Eze's Blog or any of their contracted staff. So we take no liability whatsoever for such comments.
Please take note!