Socio-Economic Rights and Accountability Project (SERAP) has sent an open
letter to the Speaker of the House of Representatives Mr Dogara Yakubu
requesting him and other principal officers “suspected to be involved in
the alleged budget padding to step aside pending the outcome of
investigation by the Economic and Financial Crimes Commission (EFCC) and
other agencies.”
The letter dated 29 July 2016 and signed by SERAP executive director
Adetokunbo Mumuni states that, “Following confirmation received by SERAP
from the EFCC that it has taken up and looking into SERAP’s petition to
the body on the allegations that the leadership of the House of
Representatives padded the 2016 budget to the tune of N481 billion, SERAP
is now writing to request you to immediately step aside from your position
as Speaker of the House of Representatives pending the out outcome of the
investigation.”
The letter reads in part: “We also urge you to ensure that other principal
officers of the House suspected to be involved in the alleged padding step
aside from their positions to allow for the investigation by the EFCC and
other agencies to go ahead unhindered.”
“SERAP has also reviewed several documents circulating on the internet on
the alleged budget padding and we believe that these documents establish a
prima-facie case of corruption, which deserves a thorough, transparent,
independent and effective investigation by the EFCC and other agencies.”
“In the circumstances, SERAP calls on you to demonstrate your
often-expressed commitment to transparency, accountability,
constitutionalism, democratic governance and the rule of law in Nigeria by
now stepping aside from your position as Speaker and to ensure that other
principal officers suspected to be involved in the budget padding do the
same, pending the outcome of the investigation already by the EFCC.”
“SERAP’s call is entirely consistent with the constitution of Nigeria 1999
(as amended). As the supreme law of the land, all organs of government
including the National Assembly are obliged to perform their functions in
accordance with the constitution and other enabling laws.”
“SERAP agrees with the Constitutional Court of Uganda when it asserted in
Constitutional Petition No. 47 of 2011 Twinobusingye Severino vs Attorney
General that, ‘In modern democracies, the term ‘stepping aside’ is now
generally taken as part of the responsibility of the holder of a public
office in discharging his or her duty of being accountable to the people.
Thus a culture has developed in modern democracies, Uganda inclusive,
whereby a Public officer whose conduct in a public office is being
questioned steps aside, on his or her own, to enable investigations to be
carried out without his or her influence.’”
“Indeed, SERAP believes that the necessity of being accountable to the
people, by anyone holding a public office in Nigeria is clearly embedded
in the constitution as provided under Chapter 2 titled: Fundamental
Objectives and Directive Principles of State Policy.”
“Specifically, Chapter 2 provides among others that all public offices
shall be held in trust for the Nigerian people; that all persons placed in
positions of leadership and responsibility shall in their work be
answerable to the people; and that all lawful measures shall be taken to
expose, combat and eradicate corruption and abuse or misuse of power by
those holding political and other public offices.”
“SERAP believes that the allegations of budget padding by the leadership
of the House of Representatives have undermined the status of the National
Assembly which is supposed to be the fountain of constitutionalism. The
Speaker, as the head of the House, has a big role to play in guiding
parliamentarians to embrace transparency by sending a powerful message
that allegations of corruption will not be condoned, tolerated or covered
up.”
“SERAP believes that the House of Representatives cannot function
effectively nor enjoy public trust and confidence as long as the
allegations of budget padding continue to trail its leadership.”
“By stepping aside and ensuring that others suspected to be involved in
the budget padding also step aside until such a time as the investigations
by the EFCC and other agencies are completed, you will be promoting acts
that would enhance the integrity and respect for the National Assembly, as
well as strict observance of the constitution both in letter and spirit.”