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A Federal High Court sitting in Lagos in a landmark judgement has ordered
President Muhammadu Buhari to “urgently instruct security and
anti-corruption agencies to forward to him reports of their investigations
into allegations of padding and stealing of some N481 billion from the
2016 budget by some principal officers of the National Assembly.”
The Court also ordered President Buhari to “direct the Attorney General of
the Federation and Minister of Justice Abubakar Malami, SAN, and/or
appropriate anti-corruption agencies to without delay commence prosecution
of indicted lawmakers.”
The judgment was delivered yesterday by Justice Mohammed Idris following a
mandamus suit no: FHC/L/CS/1821/2017 brought by Socio-Economic Rights and
Accountability Project (SERAP).
The Court also ordered President Buhari to “direct the publication of the
report of investigations by security and anti-corruption bodies into the
alleged padding of the 2016 budget.”
In the suit brought against the President of Nigeria and the Attorney
General of the Federation and Minister of Justice, Justice Idris further
held that President Buhari in the exercise of his executive powers has a
duty to ensure compliance with the provisions of article 22 of the African
Charter on Human and Peoples’ Rights, holding further that Buhari is
“expected to use his executive powers for the public good of Nigeria.”
Article 22 of the African Charter provides that, “All peoples shall have
the right to their economic, social and cultural development with due
regard to their freedom,” and that “States shall have the duty,
individually or collectively, to ensure the exercise of the right to
development.”
The Court also granted an order directing Buhari to “Urgently halt alleged
attempt by some principal officers of the National Assembly to steal N40
billion of the N100 billion allocated by his government as ‘zonal
intervention’ in the 2017 budget.”
Buhari is also ordered “to closely monitor and scrutinize the spending of
N131 billion (accrued from increased oil bench mark) allocated for
additional non-constituency projects expenditure, to remove the
possibility of corruption.”
The Court held that “SERAP, being a human rights non-governmental
organization has sufficient interest in the way and manner public funds
are being utilized in this country.”
SERAP deputy director Timothy Adewale said: “This judgment confirms the
pervasive corruption in the budget process and the prevailing culture of
impunity of our lawmakers as well as the failure of the authorities to
uphold transparency and accountability in the entire budget process and
implementation. The judgement is an important step towards reversing a
culture of corruption in the budget process that has meant that many of
our lawmakers see the budget more as a ‘meal ticket’ to look after
themselves than a social contract to meet people’s needs and advance
equity and development across the country.”
“This is a crucial precedent that vindicates the right to a transparent
and accountable budget process and affirms the budget as government’s most
important economic policy document, which is central to the realization of
all human rights including the rights to health, water, and education. We
are now in the process of obtaining a certified copy of the judgment.
SERAP will do everything within its power to secure the full and effective
enforcement of this important judgment.”
It would be recalled that SERAP last year filed the suit after the
organization said it received “credible information from multiple sources
that the Department of State Services (DSS) and the Economic and Financial
Crimes Commission (EFCC) have completed investigations into the
allegations of padding of the 2016 budget, completed their reports, and
indicted some principal officers of the House of Representatives and the
Senate, and that the accounts of some of the principal officers containing
allegedly illicit funds have been frozen, and that the case files for the
prosecution of those indicted were ready.”
The suit filed on SERAP’s behalf by its counsel Mrs Joke Fekumo read in
part: “Unless the principal officers indicted in the alleged padding of
the 2016 budget are prosecuted and any stolen public funds recovered, the
Federal Government will not be able to stop padding of future budgets.
Alleged corruption in the budget process will not just melt away or simply
evaporate without addressing the fundamental issue of impunity of
perpetrators.”
“Addressing alleged corruption in the budget process by pursuing
prosecution of indicted principal officers of the National Assembly will
provide an important opportunity for the Federal Government to reignite
the fight against corruption and fulfil a cardinal campaign promise, to
show that the Federal Government works on behalf of the many, and not the
few, as well as jumpstart economic activities and break the back of the
recession.”
“Publishing the report of the investigation of the alleged padding of the
2016 budget, and prosecuting suspected perpetrators are absolutely
important to avoid another padding, which the Federal Government can ill
afford.”
“The allegations of crime of budget padding against the indicted principal
officers of the National Assembly is a gross deprivation of the good
people of Nigeria’s legitimate wealth and natural resources. We
respectfully urge your Lordship to hold that the citizens of Nigeria have
been deprived of their natural wealth and the indicted principal members
be prosecuted by the Minister of Justice and Attorney-General of the
Federation.”