Socio-Economic Rights and Accountability Project, (SERAP) has sent an open
letter to President Muhammadu Buhari urging him to use his leadership
position to “direct the Attorney General of the Federation and Minister of
Justice Abubakar Malami, SAN, and/or appropriate anti-corruption agencies
to without delay investigate the alleged payment of N17 billion to the
National Assembly as ‘election expenses’ of its members to pass the 2015
budget, and if there is relevant and sufficient admissible evidence,
prosecute anyone suspected to be involved.”
The organization also urged the president to “instruct the Attorney
General and/or appropriate anti-corruption agencies to publish the report
of any such investigation including the names of anyone that may have
benefited from the public funds, and to ensure the recovery of proceeds of
corruption.”
The organization said it would “institute legal proceedings to compel your
government to act in the public interest if these steps are not taken
within 14 days of the receipt and/or publication of this letter.”
Former finance minister under president Goodluck Jonathan government Mrs
Ngozi Okonjo-Iweala had alleged on page 80 of her book titled Fighting
corruption is dangerous, that “N17 billion was forced into the budget for
election expenses of members of the National Assembly with the agreement
of its leadership. The funds became the price to pay to have the 2015
budget passed.”
But in the letter dated 1 June 2018 and signed by SERAP deputy director
Timothy Adewale the organization said, “The allegation of budgeting N17
billion as election expenses of lawmakers suggests a fundamental breach of
article 15 of the UN Convention against Corruption, which Nigeria has
ratified. Using public funds as election expenses of lawmakers is contrary
to the convention, which prohibits bribery and requires the authorities to
ensure proper management of public affairs and public funds.”
According to the organization, “The illicit or improper nature of the
election expenses is buttressed by the fact that the election of any
lawmaker is a ‘benefit’ to him/her and not a matter of public interest or
legitimate public spending, and implicitly amount to an abuse of
legislative powers for private gain.”
The organisation said: “Allowing lawmakers to enjoy illicit benefits is an
arbitrary or unjust exercise of executive functions. Facilitating N17
billion as election expenses has undercut access of millions of Nigerians
to public services, as the funds could have been legitimately spent on
services such as health, education, electricity supply or public
transportation that those with few resources are dependent upon.”
The statement read in part: “The required elements of the offence of
bribery are those of promising, offering or giving something to a public
official, such as the alleged N17 billion for election expenses of
lawmakers. The allegation that the members of the executive allowed the
National Assembly to have their way on the N17 billion also suggests
giving the lawmakers an undue advantage to get the 2015 budget passed. The
undue advantage or bribe also seemed linked to the official duties of
lawmakers to induce the passing of the budget.”
“SERAP notes that the alleged N17 billion bribe has increased attention to
the growing lack of transparency and accountability of the National
Assembly, and the corresponding loss of trust and faith by Nigerians in
the budgeting process and disillusionment in their lawmakers.”
“Investigating the allegation, identifying those suspected to be involved
and ensuring that they are promptly brought to justice as well as ensuring
recovery of any proceeds of corruption would help address the crisis of
integrity in the National Assembly and contribute to improving public
trust as well as promote access of Nigerians to an honest public service.”
“The ultimate object of any government is to promote good governance and
the greatest happiness of the greatest number. This means stopping
arbitrariness in the budgeting process, and in the use of public funds as
well as replacing privilege with transparency and accountability that
characterize a democratic society.”
“SERAP is concerned that the allegation of budgeting N17 billion for
election expenses of lawmakers if proven would amount to gross violations
of law, abuse of power, and bribery, and indeed, undermining the
law-making and budgeting process. We urge your government to use this case
as an opportunity to demonstrate its willingness to comprehensively
address the endemic flaws and corruption in the budgeting process.”
“We note that the Attorney General is a defender of public interest and
has the powers under Section 174(1) of the Constitution of Nigeria 1999
(as amended), to institute and undertake criminal proceedings against
anyone suspected to be responsible for acts of corruption.”