Socio-Economic Rights and Accountability Project (SERAP) has commenced
contempt proceedings against the Federal Government, Mr. Abubakar Malami
(SAN), Attorney-General of the Federation and Minister of Justice, and
Alhaji Ahmed Idris Accountant-General of the Federation “for failing to
comply with the judgment ordering publication of the spending of recovered
stolen funds since return of democracy in 1999.”
The form 48 contempt suit was filed at the Federal High Court, Lagos last
week by SERAP executive director Adetokunbo Mumui “following the service
on Mr Malami and Alhaji Idris of the certified true copy of the judgment
of 24 March 2016 by Justice Muhammed Idris.”
Form 48 which is the notice of consequence of disobedience of court orders
reads in part: “Unless you obey the orders of the court contained on the
reverse side of this process you shall be deemed to have disobeyed the
orders of the court and shall be liable to committed to prison for
contempt.”
Mumuni said, “Despite the service of the certified true copy of the
judgment on both the Attorney General of the Federation and the
Accountant-General of the Federation they have failed and/or neglected to
acknowledge the judgment let alone obey it. It’s unacceptable to take the
court, which is the guardian of justice in this country, for a ride. A
democratic state based on the rule of law cannot exist or function, if the
government ignores and/or fails to abide by Court orders.”
The 69-page judgment in suit no: FHC/IKJ/CS/248/2011 signed by Honourable
Justice Mohammed Idris reads in part: “Transparency in the decision making
process and access to information upon which decisions have been made can
enhance accountability.”
“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
constitutional democracy like ours, this is meant to be the norm.”
“In respect of the SERAP reliefs on recovered stolen funds since return of
democracy in 1999, the government had kept mute. Let me say that they have
no such power under the law.”
“There is public interest in public authorities and high-profile
individuals being accountable for the quality of their decision making.
Ensuring that decisions have been made on the basis of quality legal
advice is part of accountability.”
“I am of the view and do hold that the action should and does succeed in
whole. Documents relating to the receipt or expenditure on recovered
stolen funds since return of democracy in 1999 constitute part of the
information which a public institution and authority is obligated to
publish, disseminate and make available to members of the public. The
government has no legally justifiable reason for refusing to provide SERAP
with the information requested, and therefore, this Court ought to compel
the government to comply with the Freedom of Information Act, as the
government is not above the law.”
“Judgment is hereby entered judgment in favour of SERAP against the
Federal Government as follows:
1.A DECLARATION is hereby made that the failure and/or refusal of the
Respondents to individually and/or collectively disclose detailed
information about the spending of recovered stolen public funds since the
return of civil rule in 1999, and to publish widely such information,
including on a dedicated website, amounts to a breach of the fundamental
principles of transparency and accountability and violates Articles 9, 21
and 22 of the African Charter on Human and Peoples’ Rights (Ratification
and Enforcement) Act
2.A DECLARATION is hereby made that by virtue of the provisions of Section
4 (a) of the Freedom of Information Act 2011, the 1st Defendant/Respondent
is under a binding legal obligation to provide the Plaintiff/Applicant
with up to date information on the spending of recovered stolen funds,
including:
(a) Detailed information on the total amount of recovered stolen public
assets that have so far been recovered by Nigeria
(b) The amount that has been spent from the recovered stolen public
assets and the objects of such spending
(c) Details of projects on which recovered stolen public assets were spent
3.AN ORDER OF MANDAMUS is made directing and or compelling the
Defendants/Respondents to provide the Plaintiff/Applicant with up to date
information on recovered stolen funds since the return of civilian rule in
1999, including:
(a) Detailed information on the total amount of recovered stolen public
assets that have so far been recovered by Nigeria
(b) The amount that has been spent from the recovered stolen public
assets and the objects of such spending
(c) Details of projects on which recovered stolen public assets were spent
It would be recalled that SERAP had on 28 March 2016 sent a copy of the
certified true copy of the judgment to Mr Malami and Alhaji Idris urging
them to use their “good offices and leadership to ensure and facilitate
full, effective and timely enforcement and implementation of the
judgment.”
SERAP letter reads in part “Given the relative newness of the Buhari
government, the effective enforcement and implementation of the judgment
will invariably involve setting up a mechanism by the government to invite
the leadership and high-ranking officials of the governments of former
President Olusegun Obasanjo, former President Umaru Musa Yar’Adua, and
former President Goodluck Jonathan to explain, clarify and provide
evidence on the amounts of stolen funds recovered by their respective
governments (from abroad and within Nigeria), and the projects (including
their locations) on which the funds were spent.”
“SERAP therefore believes that the swift enforcement and implementation of
this landmark judgment by the government of President Muhammadu Buhari
will be litmus test for the President’s oft-repeated commitments to
transparency, accountability and the fight against corruption, and for the
effectiveness of the Freedom of Information Act in general.”
The organisation said that, “The enforcement and implementation of the
judgment should not be delayed as to do this is to continue to frustrate
the victims of corruption in the country since the return of democracy in
1999, and will threaten to undermine the authority of our judicial
system.”
“SERAP trusts that you will see compliance with this judgment as a central
aspect of the rule of law; an essential stepping stone to constructing a
basic institutional framework for legality, constitutionality, the rule of
law practice and culture in the country. We therefore look forward to your
positive response and action on the judgment.”