Socio-Economic Rights and Accountability Project (SERAP) has petitioned
Professor Philip Alston, UN Special Rapporteur on Extreme Poverty and
Human Rights asking him to “use your good offices and position to urgently
request the National Assembly of Nigeria, specifically the Senate, to
withdraw amendments to the Code of Conduct Bureau and Code of Conduct
Tribunal Act which if passed into law would seriously weaken the act,
undermine the fight against corruption in the country, exacerbate extreme
poverty and violations of internationally recognized human rights.”
In the petition dated 15 April 2016 and signed by SERAP executive director
Adetokunbo Mumuni the organisation expressed “serious concern that the
Senate of Nigeria will any moment from now pass amendments to Public
Officers Protection Act; Administration of Criminal Justice Act; Code of
Conduct Bureau Act and the Code of Conduct Tribunal Act with the political
objective of securing a soft-landing for the Senate President Bukola
Saraki who is facing corruption charges.”
The petition copied to Mr Zeid Ra’ad Al Hussein UN High Commissioner for
Human Rights and the Conference of States Parties to the UN Convention
against Corruption reads in part: “SERAP considers these amendments to be
in bad faith, patently an abuse of legislative powers, politically biased,
and demonstrably unjustified in a democratic and representative society
governed by the rule of law, and incompatible with the country’s
international human rights obligations and commitments particularly the UN
Convention against Corruption, the International Covenant on Civil and
Political Rights, the International Covenant on Economic, Social and
Cultural Rights, and the African Charter on Human and Peoples’ Rights,
which Nigeria has ratified.”
“SERAP also considers the amendments to amount to “legislative rascality”,
as they are not legitimate exercise of legislative power, and if allowed
can exacerbate extreme poverty and violations of the right to an adequate
standard of living of Nigerians and other human rights.”
“The amendments also threaten the injunction that government must be
accountable, responsive and open; that public institutions must not only
be held to account but must also be governed by high standards of ethics,
efficiency and must use public resources in an effective manner.”
“SERAP is concerned that while deserving bills have been left to languish
at the bottom of their legislative programmes, the Nigerian Senate has
fast-tracked the passing of these obnoxious amendments. The drafters of
the constitution would not have foreseen that the Senate would use its
legislative power to encourage corruption and to undermine rather than
advance constitutional guarantees and principles.”
“SERAP argues that limitations to the legislative powers of the Senate can
be implied not only from the chapters two and four of the 1999 Nigerian
constitution (as amended) relating to the obligations of all organs of
government to promote transparency, accountability and combat corruption
and recognition of citizens’ fundamental human rights but also by
voluntary acceptance of international human rights obligations by
Nigeria.”
“SERAP believes that a good government is one that rules according to the
law, not according to the whims or caprice of parliamentarians.”
“SERAP notes that the Nigerian constitution 1999 (as amended) grants
legislative power to the Senate to “make laws for the peace, order and
good government”. SERAP believes that this power implies that the National
Assembly including the Senate will serve as a crucial bastion of
transparency, accountability, and the rule of law that are necessary to
reduce poverty, establish a corruption-free society, and effective
enjoyment of human rights.”
“Rather than be inspired by the spirit of public service by initiating
legislation that promotes transparency, accountability and human rights,
the Senate is legislating to encourage corruption and impunity, serving as
both a shield and sword to advance personal agendas. SERAP argues that the
state’s obligation to respect, protect, promote and fulfil human rights
inevitably creates a duty to develop effective anti-corruption legislation
and not to promote corruption and impunity of perpetrators.”
“SERAP notes that the Senate does not enjoy unfettered, unconditional and
absolute legislative powers and should therefore not be allowed to create
or change laws on a virtually unrestricted basis.”
“According to the constitution, all power and authority of Government and
its organs is derived from the Constitution. Nigeria also is obligated to
observe international human rights obligations in good faith and to take
appropriate measures including through legislation to promote, protect and
fulfil human rights. The law-making powers which are vested in the
National Assembly including the Senate by Section 4 of the constitution
are therefore to be exercised in accordance with the constitution and
international obligations.”
“Similarly, the supremacy of the constitution including on all organs of
government, and the sanctity of international human rights obligations
imply that the Senate has no power to ignore the conditions of law-making
that are imposed by the instrument which itself regulates its power to
make law.”
SERAP therefore urged the Special Rapporteur to:
1. Publicly express concerns about the proposed amendments to the laws
that will weaken anti-corruption agencies, undermine the fight against
corruption and thereby exacerbating extreme poverty and violations of
human rights;
2. Put pressure on the Senate to withdraw the amendments to the
anti-corruption laws and to ensure that a climate of legislative impunity
and official corruption is not allowed to undermine the mandate of the
Special Rapporteur to advance human rights and address extreme poverty;
3. Urge the National Assembly in particular the Senate to promote in its
legislative duties transparency and accountability and observe human
rights principles, and that the exercise of its legislative power
complies with Nigeria’s international human rights obligations and
commitments;
4. Urge the National Assembly to allow anti-corruption agencies in this
case the Code of Conduct Bureau and the Code of Conduct Tribunal to
operate without any intimidation, harassment or interference whatsoever
“In charge number ABT/01/15, dated September 11 and filed before the Code
of Conduct Tribunal, Mr. Saraki is accused of offences ranging from
anticipatory declaration of assets to making false declaration of assets
in forms he filed before the Code of Conduct Bureau while he was governor
of Kwara state.”
“The amendments which have passed the second reading just 48 hours after
introduction indicate that Section 3 (c) and (d) of the Code of Conduct
Bureau Act will be amended to alter the functions of the bureau. Also, the
Code of Conduct Tribunal will no longer be able to try any accused public
officer. The amendments also seek to put the anti-corruption agencies
firmly under the control of the Senate, and to whittle down their powers.”