Socio-Economic Rights and Accountability Project (SERAP) has urged the
Senate President Dr Ahmad Lawan, and Speaker of House of Representatives
Mr Femi Gbajabiamila to “use their good offices to urgently probe and
refer to appropriate anti-corruption agencies allegations that N4.4
billion of public money budgeted for the National Assembly is missing,
misappropriated, diverted or stolen, as documented in three audited
reports by the Office of the Auditor-General of the Federation.”
In the open letter dated 30 January 2021 and signed by SERAP deputy
director Kolawole Oluwadare, the organisation said: “By exercising
strong and effective leadership in this matter, the National Assembly
can show Nigerians that the legislative body is a proper and accountable
watchdog that represents and protects the public interest, and is able
to hold both itself and the government of President Muhammadu Buhari to
account in the management of public resources.”
SERAP said: “If not satisfactorily addressed, these allegations would
also undermine public confidence in the ability of the National Assembly
to exercise its constitutional and oversight responsibilities to prevent
and combat corruption, and to ensure the public interest, transparency
and accountability in the management of public resources.”
SERAP expressed concern that “these allegations of corruption,
mismanagement and misappropriation of public funds amount to fundamental
breaches of the Nigerian Constitution of 1999 [as amended] and the
country’s international obligations, including under the UN Convention
against Corruption and the African Union Convention on Preventing and
Combating Corruption.”
The letter, read in part: “Any failure to promptly, thoroughly and
independently investigate these serious allegations, prosecute suspected
perpetrators, and recover missing public funds and assets would
undermine public trust in the ability of the leadership of the National
Assembly to ensure probity, transparency and accountability in the
management of public funds.”
“The Auditor-General noted in his 2015 report that the National Assembly
account was spent N8,800,000.00 as unauthorised overdraft, contrary to
Financial Regulations 710. The National Assembly also reportedly spent
N115,947,016.00 without any documents. Another N158,193,066.00 spent as
cash advances to 17 staff between January and June 2015 is yet to be
retired.”
“The Senate reportedly spent N186,866,183.42 to organise Senate Retreat
and Pre-Valedictory Session for the 7th Senate, although the money was
meant to pay vehicle loan. The Senate also reportedly spent
N15,964,193.63 as bank charges between July and December, 2015, contrary
to Financial Regulations 734.”
“The House of Representatives also reportedly spent N624,377,503.30 to
buy 48 Utility Vehicles. However, 14 vehicles were not supplied. The
House also failed to make the 34 vehicles supplied available for
verification. Similarly, the House spent N499,666,666.00 as cash
advances to staff to carry out various assignments but has failed to
retire the money.”
“The House of Representatives also reportedly paid N70,560,000.00 as
overtime and ‘special’ allowances to officials who are not legislative
aides between November and December 2015 without any authority.”
“The National Assembly Service Commission reportedly failed to remit
N30,130,794.10 deducted from the salaries of the Executive Chairman and
the Commissioners as car loan.”
“The National Assembly Budget and Research Office reportedly spent
N66,303,411.70 as out-of-pocket expenses without any documents. The
National Institute for Legislative and Democratic Studies paid
N246,256,060.51 by cheques, despite the prohibition of payments by
cheque by the Federal Government, except in extreme cases, and contrary
to Financial Regulation 631.”
“According to the Auditor-General Report for 2017, the House of
Representatives reportedly spent ₦95,212,250.00 without due process and
without any documents. The National Assembly Management Account also
reveals that N673,081,242.14 was spent between April and October 2017
without any documents. The Auditor-General reported that the funds may
have been misappropriated.”
“The Senate Account also reportedly shows that ₦1,364,816,397.95 was
spent on store items without any documents to show for the spending. The
Auditor-General stated that his office was denied access to the store
and to the Senate’s records.”
“The National Institute for Legislative and Democratic Studies also
reportedly failed to remit ₦2,181,696.50 from contract of goods and
services. The Institute also paid ₦67,296,478.00 without any payment
vouchers.”
“We would be grateful if you would indicate the measures being taken to
address the allegations and to implement the proposed recommendations,
within 14 days of the receipt and/or publication of this letter. If we
have not heard from you by then, SERAP shall take all appropriate legal
actions to compel the leadership of the National Assembly to implement
these recommendations in the public interest, and to promote
transparency and accountability in the National Assembly.”
“The Auditor-General also noted in his 2018 report that the National
Institute for Legislative and Democratic Studies failed to remit
N577,634,638,20 due from contracts and supplies, even though the
deductions were made. However, the Institute claimed that it was the
National Assembly that was required to remit the money, as it is the
body that maintains the account on behalf of the Institute.”
“Our requests are brought in the public interest, and in keeping with
the requirements of the Nigerian Constitution 1999 [as amended], the
country’s international obligations including under the UN Convention
against Corruption and the African Union Convention on Preventing and
Combating Corruption. Nigeria has ratified both treaties.”
The letter is copied to Mr Abubakar Malami SAN, Attorney General of the
Federation and Minister of Justice; Professor Bolaji Owasanoye, Chairman
Independent Corrupt Practices and Other Related Offences Commission
(ICPC); and Mr Mohammed Abba, Acting Chairman, Economic and Financial
Crimes Commission (EFCC).