Socio-Economic Rights and Accountability Project (SERAP) has sent an
open letter to President Muhammadu Buhari urging him to “direct the
Attorney General of the Federation and Minister of Justice Mr Abubakar
Malami, SAN, and/or appropriate anti-corruption agencies to urgently
investigate corruption allegations in the use of the monthly federal
allocations to the 774 local governments in the country through the 36
state governors and the Federal Capital Territory.”
SERAP also sought investigations into “the alleged complicity of state
governors in corruption cases involving local government allocations
between 1999 and 2019, and if there is relevant and sufficient
admissible evidence, for suspected perpetrators to be prosecuted by
anti-corruption agencies and any stolen public funds recovered and used
to provide public goods and services.”
SERAP’s letter followed the reported arrest last week by the Economic
and Financial Crimes Commission (EFCC) of 16 local government chairmen
in Kwara state, who were suspended by Governor AbdulRahman AbdulRazaq.
They allegedly misappropriated N4 billion loan meant for paying
teachers’ salaries and local government pensioners.
In the letter dated 1 November 2019 and signed by SERAP deputy director
Kolawole Oluwadare, the organization said: “Investigating state
governors and local government chairmen over allegations of corruption
and abuse of power in the use of federal allocations meant to provide
public goods and services would best serve the general public interests
and welfare.”
SERAP said: “We request that you take the recommended action within 14
days of the receipt and/or publication of this letter, failing which
SERAP will institute legal proceedings to compel your government to act
in the public interest.”
SERAP also said: “Our request is based on the 1999 Constitution of
Nigeria (as amended), the country’s anti-corruption legislation and
international obligations, particularly the UN Convention against
Corruption. Section 7(6)(a) of the constitution anticipates allocation
of public revenue to the 774 local governments in the country. The
proposed investigations and prosecution do not offend the constitutional
principles of federation in any way, shape or form.”
SERAP also said: “Your government is empowered to use the provisions of
the constitution, anti-corruption legislation and international
standards to check cases of corruption and abuse of power nationwide,
including by state and local governments. This position is entirely
consistent with the doctrine of covering the field, as it vindicates the
true practice of federalism.”
The letter copied to Mr Malami, Professor Bolaji Owasanoye, Chairman,
Independent Corrupt Practices and Other Related Offences Commission and
Mr Ibrahim Magu, Acting Chairman, Economic and Financial Crimes
Commission, read in part: “Section 15(5) of the constitution requires
your government to abolish all corrupt practices and abuse of power,
regardless of where such practices are taking place in Nigeria.”
“According to reports, an average of N20 billion accrued to local
governments across the county between 2007 and 2012 alone. Over N15
trillion of federal allocations meant for provision of public goods and
services by local governments have been allegedly mismanaged or pocketed
by state governments, local council chairmen, and the authorities of the
Federal Capital Territory in the last 12 years.”
“As the Supreme Court of Nigeria once correctly stated, ‘Corruption is
not a disease which afflicts public officers alone but society as a
whole. If it is therefore to be eradicated effectively, the solution to
it must be pervasive to cover every segment of the society. Corrupt
practices and abuse of power can, if not checked threaten the peace,
order and good government of Nigeria or any part thereof.'”
“‘Corruption is a national malaise which must be tackled by the
government of the Federal Republic. The disastrous consequences of the
evil practice of corruption have taken this nation into the list of the
most corrupt nations on earth.'”
“Public schools and clinics across the 774 local governments in several
states have been left to crumble and wither away, with ordinary citizens
made to pay the price for the decay of those vital public services. The
failure to act as recommended would leave a doubt in the public mind
about your government’s commitment to rid Nigeria of corruption.”
“The use of federal allocations has been characterized by allegations of
waste, opacity and misappropriation, thereby undermining the ability of
state and local governments to provide public goods and services such as
health, education and water. Corruption in Nigeria will remain if
relevant federal authorities and agencies continue to fail to stem
corruption in state and local governments.”
“Local governments across the country rarely get the exact federal
allocations meant for them as the allocations are allegedly mismanaged
or misappropriated by state governments. Despite the country’s oil
wealth, millions of Nigerians continue to live in extreme poverty, as
funds that state and local governments could have spent on basic health
care, education and clean water have instead been mismanaged or stolen.”
“SERAP therefore believes that anyone involved in alleged corrupt
practices and abuse of power including at the state and local government
levels should be promptly, thoroughly and effectively investigated and
prosecuted if there is relevant and admissible evidence of corruption,
and stolen public funds recovered both to provide public goods and
services to ordinary citizens and to serve as deterrent.”
“State governors do not enjoy immunity from investigation. Any criminal
allegation against any sitting governor can and should be investigated
pending the time the governor leaves office and loses immunity. The
findings of such investigation can also be the basis for initiating
impeachment proceedings against the governors.”
“SERAP hopes that you will exercise your constitutional powers to
promote transparency and accountability and stop corruption in the use
of federal allocations to state and local governments across the
country.”
“The constitutional authority by federal authorities and agencies to
fight corruption and ensure the peace, order and good government extend
to any part of the country, as contained in the Exclusive Legislative
List in Part 1 of the Second Schedule to the Nigerian constitution.”
“The EFCC also reportedly probed how N11 million was allegedly taken by
each of 33 former local government caretaker chairmen, which was spent
to secure Oyo State against incursion by Boko Haram insurgents during
the 2015 general elections. The money was allegedly disbursed from the
Local Government Stabilization Account to each of the 33 local
government areas of the state.”