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SERAP sues Tinubu over failure to probe missing oil revenues
SERAP sues Tinubu over failure to probe missing oil revenues
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over his administration’s failure to probe alleged missing funds for unaccounted oil revenues and repair of refineries between 2020 and 2021.
This is contained in a statement released by the organisation’s deputy director, Kolawole Oluwadare, and made available to newsmen on Sunday.
The allegations are contained in the 2021 report by the Nigeria Extractive Industries Transparency Initiative.
Oluwadare noted that the organisation, amongst other things, seeks the court order to compel Tinubu to “direct appropriate anti-corruption agencies to probe allegations of corruption involving the Nigerian Petroleum Development Company Limited, Nigerian Upstream Petroleum Regulatory Commission (NPDC) and State Owned Enterprises.”
In the suit number FHC/L/CS/2334/2023 filed last Friday at the Federal High Court in Lagos, SERAP is seeking “an order of mandamus to direct and compel President Tinubu to probe the allegations that US$15 billion of oil revenue, and N200 billion budgeted to repair and maintain the refineries in Nigeria are missing and unaccounted for.”
SERAP is also seeking “an order of mandamus to compel President Tinubu to direct appropriate anti-corruption agencies to probe allegations of corruption involving the Nigerian Petroleum Development Company Limited, Nigerian Upstream Petroleum Regulatory Commission (NPDC) and State Owned Enterprises (SOE).”
SERAP is also seeking “an order of mandamus to compel President Tinubu to use any recovered proceeds of corruption to enhance the well-being of Nigerians.”
SERAP argues that “many years of allegations of corruption and mismanagement in the spending of oil revenues and impunity of perpetrators have undermined public trust and confidence in governments at all levels.”
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In the suit, SERAP is arguing that “There is a legitimate public interest in ensuring justice and accountability for these serious allegations. Granting the reliefs sought would end the impunity of perpetrators and ensure justice for victims of corruption.”
SERAP also argues, “The allegations of corruption documented by NEITI undermine economic development of the country, trap the majority of Nigerians in poverty and deprive them of opportunities.”
According to SERAP, “Unless the President is directed and compelled to get to the bottom of these damning revelations, suspected perpetrators would continue to enjoy impunity for their crimes and enjoy the fruits of their crimes.”
SERAP also argues, “The findings by NEITI suggest a grave violation of the provisions of the Nigerian Constitution 1999 [as amended], national anticorruption laws, and the country’s obligations under the UN Convention against Corruption.”
The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Andrew Nwankwo, and Ms Valentina Adegoke, read in part, “The Tinubu government has a constitutional duty to ensure transparency and accountability in the spending of the country’s oil wealth.”
“SERAP is seeking an order of mandamus to direct and compel President Tinubu to put in place mechanisms for accountability and transparency in the oil sector.”
“Section 13 of the Nigerian Constitution imposes clear responsibility on the government to conform to, observe and apply the provisions of Chapter 2 of the constitution. Section 15(5) imposes the responsibility on the government to ‘abolish all corrupt practices and abuse of power’ in the country.”
“Under Section 16(1) of the Constitution, the government has a responsibility to ‘secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.’”
“Section 16(2) further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’”
“Similarly, articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on the government to ensure proper management of public affairs and public funds, and to promote transparent administration of public affairs.”
“The UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption obligates the government to effectively prevent and investigate the plundering of the country’s wealth and natural resources and hold public officials and non-state actors to account for any violations.”
“Specifically, article 26 of the UN convention requires the government to ensure ‘effective, proportionate and dissuasive sanctions’ including criminal and non-criminal sanctions, in cases of grand corruption.”
“Article 26 complements the more general requirement of article 30, paragraph 1, that sanctions must take into account the gravity of the corruption allegations.”
“Nigeria is also a participating state of the Extractive Industries Transparency Initiative (EITI), which aims to foster greater governmental accountability for the use of natural resource wealth through the creation of a set of international norms on revenue transparency.”
“EITI also aims to tackle corruption, poverty, and conflict associated with natural resource wealth. Nigeria has the obligations to implement the EITI Standard, which sets out the transparency norms with which participating States including Nigeria must comply.”
“According to the 2021 report by NEITI, government agencies including the Nigerian Petroleum Development Company (NNPC) and the Nigerian Upstream Petroleum Regulatory Commission (NPDC) failed to remit $13.591 million and $8.251 billion to the public treasury.”
“The NNPC and NPDC failed to remit over 70% of these public funds. NEITI wants both the NNPC and NPDC to be investigated, and for the missing public funds to be fully recovered.”
“The report also shows that in 2021, the State Owned Enterprises (SOE) and its subsidiaries (the NNPC Group) reportedly spent US$ 6.931 billion on behalf of the Federal Government but without appropriation by the National Assembly. The money may be missing.”
“The NNPC also reportedly obtained a loan of $3 billion in 2012 purportedly to settle subsidy payments due to petroleum product marketers but there is no disclosure of the details of the loan, subsidy, and the beneficiaries of the payments.”
“The report also shows that N9.73 billion was paid to the NNPC as pipeline transportation revenue earned from Joint Venture operations but the money was neither remitted to the Federation nor properly accounted for. The NPDC in 2021 also failed to remit $7.61 million realized from the sale of crude oil.”
“The report documents that about N200 billion was spent on ‘refineries rehabilitation’ between 2020 and 2021 but ‘none of the refineries was operational in 2021 despite the spending.’ NEITI wants the spending to be investigated, as the money may be missing.”
Joined in the suit as Respondent is Mr. Lateef Fagbemi, SAN, the Attorney General of the Federation and Minister of Justice.
No date has been fixed for the hearing of the suit.
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Rep felicitates Wike on emergence as THISDAY/Arise TV Minister of the Year
The Chairman House of Representatives Committee on Federal Capital Territory (FCT), Rep. Aliyu Betara (APC-Borno), has congratulated the FCT Minister, Mr Nyesom Wike, on his emergence as THISDAY/Arise TV Minister of the Year.
Betara, in a congratulatory message issued in Abuja, eulogised the leadership virtue and dedication of the minister to infrastructural development in the territory.
The lawmaker, representing Biu/Bayo/Shani/Kwaya Kusar Federal Constituency of Borno, said that the award was well-deserved.
“On behalf of the House of Representatives Committee on FCT, I wish to extend my warmest congratulations to the FCT Minister, Mr Nyesom Wike, on your well-deserved recognition as the Minister of the Year by THISDAY/Arise TV.
“This prestigious honour is a testament to your visionary leadership, tireless dedication and exceptional contributions to the infrastructural transformation in the territory.
“Your unwavering commitment to service and your determination to improve the lives of residents and visitors alike to the FCT has been nothing short of exemplary.
“Through your bold initiatives and strategic policies, you have not only enhanced the aesthetics and functionality of Abuja, but have also reaffirmed the FCT’s position as a beacon of progress and modernity in Nigeria,” he said.
Betara said that the recognition was a reflection of the positive impact of Wike’s work and the admiration he had earned across various sectors.
While describing the recognition as an outstanding achievement, the lawmaker prayed that the milestone would serve as an inspiration for greater accomplishments in service, with integrity and purpose.
Headlines
Court adjourns case against ex-Kogi governor, others
A Federal Capital Territory High Court on Wednesday, adjourned hearing in the alleged money laundering case against former governor of Kogi, Yahaya Bello until April 3 and April 24.
Justice Maryann Anenih adjourned the case for continuation of hearing after the first witness, Fabian Nworah, a property developer, was called to testify.
The Prosecution Counsel, Kemi Pinheiro, SAN, informed the court that he had five witnesses to call for the day.
Justice Anenih said she could only take one witness as she had other matters to attend to.
The court also announced that it would not be sitting on Thursday as previously scheduled.
Counsel for the 1st and 2nd Defendants, Joseph Daudu, SAN, however, informed the court that the prosecution had not made the statements on oath of the 2nd defendant available to the defence team.
He said he was aware that the first defendant had not made any statement.
Daudu also objected to the witness presented by the prosecution, arguing that the defendants had no prior knowledge of the witness and were only seeing him in court for the first time.
Citing authorities, he emphasised that legal proceedings should not be a “hide and seek” game, stating that the prosecution was required to provide the witness’ statements on oath in advance so the defence could adequately prepare for cross-examination.
“The statements of the second defendant have not been served on us to be able to know if we will be able to represent him or not.
“So, it is a serious handicap on us. They need to serve us all the statements made by the defendants.
“I understand the first defendant has not made a statement. Fortunately, we are still within the house keeping stage of the proceeding,” he added.
Corroborating this, counsel for the 3rd Defendant, Abubakar Aliyu, SAN, said, “mine is not a comment but an observation my lord. My application is for the court to order the prosecution to provide us with the statements of the 2nd and 3rd defendants.”
When the judge asked if he had requested for the statements, Aliyu SAN said, he discovered on Tuesday that the said statements were not part of the proof of evidence served on the defendants.
He said: “I am also applying that the court order the prosecution to provide us with copies of recovered digital device and the report or the extract therefrom mentioned on Page 14 of Volume 1 of the proof of evidence and the report of the forensic expert if any.
“I am following the procedure followed in Okoye against the Commissioner of Police, which was adopted by the Supreme Court in Okemini Vs Commissioner of Police.”
The prosecution witness, however, disagreed, saying the defendants were trying to delay speedy trial.
He insisted that the proof of evidence was served on the defendants on Nov. 27, 2024.
“The constitutional provisions, which they rely on, does not imply that the prosecution should provide all the documents which it relies on.
“The law only provides that the prosecution should oblige the defence with all the documents requested for,” Pinheiro argued.
He noted that the issues would be addressed whenever they receive formal applications from the Defendants and urged the court to proceed on the business for the day.
“As it is, we have almost utilised more than an hour on these arguments,” he stated.
The judge asked the defendant’s counsel why he did not raise the issues in December.
Daudu SAN replied that it was because it had to be done after arraignment.
“I have applied and they are not obliging me. It is absolutely necessary for our defence,” counsel for the 3rd defendant said.
The judge, however, declined the application for adjournment and directed the prosecution to proceed with the case.
The prosecution then proceeded to call its first witness, Fabian Nwora, a property developer with EFAB Property Nigeria Limited.
Nwora testified that he was invited to the Economic and Financial Crimes on Feb. 8, 2023, regarding a transaction between Shehu Bello and EFAB Property concerning a property located at No. 1 Ikogosi Street, Maitama.
He stated that he sold the said property to Shehu Bello but observed that the name on the sale agreement was Dr Bello Ohiani, not Shehu Bello.
He said, in 2023, Shehu Bello approached EFAB Property, informing them that the property was under investigation by the EFCC.
He returned all documents related to the purchase and demanded a refund of the N550million that was paid.
Subsequently, he said, EFAB Property was invited by the EFCC to explain what transpired between them and Shehu Bello.
The EFCC instructed the company to refund the entire sum to an EFCC-designated account. EFAB Property complied in two batches of N400 million and N150 million.
Headlines
Kebbi to upgrade Zuru hospital to referral centre
The Kebbi Government says it is assessing the condition of the Zuru General Hospital with the aim of upgrading it to a referral centre.
Gov. Nasir Idris stated this when he visited the Emir of Zuru, Alhaji Muhammadu Sani-Sami on Wednesday in Zuru.
Idris visited the emir to thank the people of Fakai, Sakaba, Danko/Wasagu and Zuru Local Government Areas that make up the emirate.
Idris said that upgrading the Zuru General Hospital to a referral centre would ease the difficulties faced by people of the emirate.
The governor said that quality healthcare services remained an utmost priority of his administration.
He said that the Sir Yahaya Memorial Hospital, Birnin Kebbi and the State Medical Centre, Kalgo, currently serving as referral health institutions were overstretched.
“The government is committed to reversing the trend by making referral hospitals close, accessible and affordable to the people of the state,” he said.
On the expansion of the Zuru Water Works and construction of urban township roads, Idris promised to reappraise the facilities for necessary action.
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