open letter to President Muhammadu Buhari requesting him to “instruct
Mr. Abubakar Malami, SAN, Minister of Justice and Attorney General of
the Federation to take immediate steps to expeditiously, diligently,
effectively and fairly prosecute high-profile corruption cases, and to
publish details of the whereabouts of allegedly missing case files, as
well as the status of prosecution of all the cases being handled by his
office.”
The organization said: “The high-profile corruption cases include 103
cases reportedly sent by the Economic and Financial Crimes Commission
[EFCC] in 2017, and the 15 allegedly missing case files sent by the
now-defunct Special Presidential Investigation Panel on the Recovery of
Public Property, [SPIP] in 2019 to Mr. Malami.”
In the letter dated 26 September, 2020 and signed by SERAP deputy
director Kolawole Oluwadare, the organization said: “The authorities’
failure to diligently and expeditiously prosecute high profile
corruption cases amounts to a fundamental breach of constitutional and
international obligations. Continuing failure to prosecute these cases
may create the perception of a deliberate effort to protect those
considered to be very influential and powerful.”
According to the organization: “The fact that these cases have been
pending for several years suggests that your government has not carried
out its public, constitutional and international obligations, including
the obligations to show that no one is above the law as far as the fight
against corruption is concerned.”
The organization said: “Public interest demands that high-profile
corruption cases are concluded within a reasonable time so that those
guilty are punished and the innocent are set free. The rule of law and
the preservation of democracy also require that the authorities duly
proceed in accordance with the law against every high-profile person
suspected of grand corruption, irrespective of where he/she is placed in
the political hierarchy.”
The letter, copied to Mr Malami, read in part: “SERAP is seriously
concerned about the apparent inertia by the authorities to diligently
and expeditiously prosecute high-profile corruption cases. While many of
these cases have been dragging before your assumption of office in May
2015, several of the cases have not satisfactorily progressed, contrary
to Nigerians’ expectations.”
“Speedily, diligently, effectively and fairly prosecuting high-profile
corruption cases would demonstrate your government’s commitment to
enhance probity in public life and willingness to enforce accountability
in public life. The basic postulate of the concept of equality: ‘Be you
ever so high, the law is above you’, should be your government’s
approach to high profile corruption cases.”
“Our requests are brought in the public interest, and in keeping with
the requirements of the Nigerian Constitution 1999 [as amended]
particularly section 15[5], and Nigeria’s international obligations,
including under the UN Convention against Corruption and the African
Union Convention on Preventing and Combating Corruption, as well as the
rule of law.”
“We hope that the aspects highlighted will help guide your actions in
acting to ensure the diligent, expeditious and effective prosecution of
longstanding high-profile corruption cases, including the 103 cases and
the allegedly missing 15 case files of high-profile corruption
suspects.”
“We would be grateful if your government begins to implement the
recommended action and measures within 14 days of the receipt and/or
publication of this letter.”
“If we have not heard from you by then as to the steps being taken in
this direction, the Registered Trustees of SERAP shall take all
appropriate legal actions to compel your government to pursue
prosecution of these longstanding high-profile corruption cases to their
logical conclusion, and to regularly report to Nigerians on the progress
of prosecution.”
“People get frustrated in the system if the process of justice is not
allowed to take its normal course, more so, when apparently deliberate
attempts are made to subvert and delay the process.”
“There is a nexus between corruption at high places in public life and
threats to the integrity, welfare, security and economy of the country,
as well as the rule of law. There is therefore a clear need for an
expeditious, diligent and effective prosecution of these cases, which
have already been delayed for several years.”
“Expeditious prosecution of those suspected of grand corruption
irrespective of the position and status of that person is imperative to
retain public confidence in the ability and willingness of authorities
to prevent and combat corruption.”
“According to our information, details of about 103 high-profile
corruption cases being handled by the Economic and Financial Crimes
Commission [EFCC] were reportedly made available in 2017 to the Office
of the Attorney-General of the Federation and Minister of Justice upon
request.”
“Further, the case files of 15 high-profile corruption suspects are
allegedly missing. The missing files are among the 23 cases reportedly
sent by the now defunct Special Presidential Investigation Panel on the
Recovery of Public Property, [SPIP] in 2019 to Mr Malami, and include
some charges of fraud involving some former governors and senators, as
well as non-declaration of assets and possession of foreign accounts
cases.”
SERAP therefore urged President Buhari to instruct Mr Malami to:
1. Explain why after several years these high-profile corruption
cases have not been expeditiously, diligently, effectively and
satisfactorily prosecuted to logical conclusion;
2. Take immediate and concrete steps to prosecute the cases in close
cooperation and collaboration with appropriate anti-corruption agencies;
3. Publish details of the whereabouts of the allegedly missing 15
case files of high-profile individuals suspected of corruption,
including the status of prosecution of the cases, as well as those of
the 103 cases reportedly sent to Mr Malami;
4. Invite civil society groups and international community to monitor
the prosecution of high-profile corruption cases, and to periodically
report to Nigerians the status of their prosecution
“By Section 1 (1) of the Freedom of Information (FoI) Act 2011, and
article 9 of the African Charter on Human and Peoples’ Rights, SERAP is
entitled as of right to request for or gain access to information,
including information on the details of the whereabouts of allegedly
missing 15 case files of high-profile individuals suspected of grand
corruption, and the status of prosecution of the cases, as well as those
of the 103 cases reportedly sent to Mr Malami.”