Socio-Economic Rights and Accountability Project (SERAP) has sent an open
letter to former President Goodluck Jonathan seeking explanations from him
on “what you knew or had reason to know on the apparent diversion and
sharing of over $2 billion meant for purchase of arms to fight Boko
Haram.”
The letter dated 8 January 2016 and signed by SERAP executive director
Adetokunbo Mumuni reads in part: “SERAP is sending you this open letter to
seek explanations from you, as former President and Commander-in-Chief of
the Nigerian Armed Forces, on what you knew, or had reason to know on the
apparent diversion and sharing of the over $2 billion meant to purchase
arms to empower Nigerian soldiers to fight Boko Haram.”
“SERAP considers that there is enough material in the public domain to
suggest that over $2 billion meant for purchase of arms to equip Nigerians
soldiers fighting Boko Haram in the North East of the country was diverted
and shared among high-ranging government and party officials under your
watch as President and Commander-in-Chief of Nigerian Armed Forces.”
“SERAP and indeed Nigerians reserve the right to pursue justice through
appropriate national and international accountability mechanisms to ensure
that everyone involved in this heinous crime is brought to justice in
accordance with international standards of fairness.”
“Is it correct to suggest that the budget of over $2 billion to purchase
arms for Nigerian soldiers fighting Boko Haram in the North-East of the
country was authorised by you or your office? In other words, did your
former National Security Adviser (NSA), Col. Sambo Dasuki (rtd) seek your
approval to collect from the Central Bank of Nigeria the over $2 billion
meant for purchase of arms for Nigerian soldiers?”
“If so, Nigerians would like to hear from you whether the apparent
diversion and sharing of our commonwealth by your former NSA was expressly
or implicitly authorised by you.”
“Is it then correct to suggest that the former NSA implements presidential
decisions and not make them? If so, is it also correct to suggest that the
apparent diversion and sharing of the over $2 billion meant for purchase
of arms was a presidential-level decision and that you signed off on it?”
“Is it not correct to suggest that your Administration acted on the basis
that it was essentially unrestrained by international or Nigerian law in
engaging in or encouraging the apparent diversion and sharing of the over
$2 billion meant to purchase arms for Nigerian soldiers in order to
protect them against attacks from Boko Haram and to enhance their ability
to defend the territorial integrity of the country and provide security
for its citizens?”
“Assuming you did not directly order or authorise the apparent diversion
and sharing of the over $2 billion meant to purchase arms for Nigerian
soldiers, is it fair to suggest that you at least knew, or had reason to
know, that your own former NSA was apparently involved in the heinous
crime of corruption to wit: the diversion and sharing of over $2 billion
meant to purchase arms for Nigerian soldiers; and did not take all
necessary and reasonable measures in your power as Commander-in-Chief and
President to prevent the alleged diversion and sharing of our
commonwealth, as explained above?”
“Would you accept that the apparent diversion and sharing of the over $2
billion was largely due to your failure to ensure: (1) that system was in
place to ensure a transparent and accountable spending of budget for
military operations in strict accordance with the standards of
international law including the UN Convention against Corruption; (2) that
any such system was operating in a continuous and effective manner; and
(3) that violations of the standards were punished when detected by that
system?”
“After the apparent diversion and sharing of the over $2 billion was
brought to your attention, did you take any step to refer your former NSA
and all those involved in the diversion and sharing to appropriate
anticorruption agencies to ensure that all those who were alleged to be
responsible for this heinous crime of corruption are brought to justice?”
“Would you agree that the apparent diversion and sharing of the over $2
billion meant for purchase of arms for Nigerian soldiers has seriously
undermined the ability of the soldiers to defend themselves and fight Boko
Haram; resulted in some soldiers being unfairly tried for refusing to
fight without being provided with necessary arms; inflicted severe pain or
suffering; and caused unnecessary loss of lives and displacement of
law-abiding citizens?”
“Would SERAP be correct to suggest that you, as President and
Commander-in-Chief, knew about the authorization, apparent diversion and
sharing of the over $2 billion meant to purchase arms for Nigerian
soldiers, in the chain of command involving your former NSA and others?”
“Would it therefore be correct to further suggest that your acts and/or
omissions concerning the apparent diversion and sharing of the over $ 2
billion were such as to give rise to personal liability through command
responsibility for the actions of your former NSA and others who worked
under you?”
“Would you now, on the basis of the above, apologise to Nigerians for the
apparent diversion and sharing of the over $2 billion and the catastrophic
consequences for Nigerian soldiers and their families, including those who
have lost their lives; those unfairly tried and convicted; and millions of
displaced Nigerians?”
“Nigerians are eagerly awaiting your clarifications on the issues raised
above, and your apology.”