The Socio-Economic Rights and Accountability Project (SERAP) has
petitioned Mr Michel Forst, UN Special Rapporteur on the situation of
human rights defenders over alleged “intimidation, harassment and unfair
treatment of Mr Ibrahim Magu, Chairman of the Economic and Financial
Crimes Commission (EFCC) by the Senate of the Federal Republic of Nigeria
apparently working with other agencies of government to use a purported
security report the Senate knew or ought to know is baseless and
politically motivated to reject Mr Magu’s confirmation as substantive
chairman of the EFCC.”
SERAP said that “by relying on a report they knew or ought to know is
baseless and politically motivated to reject Mr Magu’s appointment as
chairman of the EFCC, the Senate of Nigeria has flagrantly violated his
right to a fair hearing, and is implicitly working to weaken, intimidate,
harass and ultimately undermine the independence and freedom of action of
the EFCC in its efforts to combat high-profile official corruption.”
The organization urged Mr Forst to “urgently intervene in this matter to
stop further intimidation and harassment of a prominent anti-corruption
campaigner and human rights defender.”
In the petition dated 16 December 2016 and signed by SERAP executive
director Adetokunbo Mumuni the organization said that, “SERAP believes
that the action by the Senate of Nigeria and other agencies of government
apparently working with them undermines and violates Nigeria’s
international obligation to respect, protect, promote and fulfil the human
rights of the citizens, which inevitably creates a duty for the government
to establish efficient and independent anti-corruption mechanisms.”
The petition reads in part: “apart from the fact that the allegations
against Mr Magu are baseless and politically motivated, the Senate of
Nigeria flagrantly denied him constitutionally and internationally
guaranteed right to a fair hearing by not providing him an opportunity to
respond to the allegations against him. The Senate confirmation hearing
therefore amounts to a nullification, or destruction of the very essence
of the fundamental principles of fair hearing.”
“The Senate of the Federal Republic of Nigeria relying on a baseless and
politically motivated report declined to confirm the appointment of
Ibrahim Magu as substantive chairman of the country’s leading
anti-corruption agency, the Economic and Financial Crimes Commission
(EFCC). The Senate claimed that its action was based on a purported
security report forwarded to it by the State Security Service.”
“But SERAP has reviewed the security report, which primarily alleged that
sensitive and unauthorised EFCC official documents were found in Mr.
Magu’s home. However, SERAP is aware that this allegation was part of the
conspiracy to harass Mr Magu and frustrate his anticorruption work, as he
was unjustly detained for three weeks. Following investigation by the
police authorities in 2008, Mr Magu was subsequently cleared of any
wrongdoing, and in fact promoted to the rank of Assistant Commissioner of
Police.”
“The report also incorrectly stated Mr Magu currently occupies a residence
rented for N40 million at N20 million per annum and paid for by allegedly
corrupt person. But SERAP’s finding shows that the property was in fact
paid for by the Federal Capital Development Administration.”
“SERAP thus believes that the purported rejection by the Senate of Nigeria
of Magu’s appointment as the chairman of EFCC is politically motivated and
in bad faith and part of a persistent move by the National Assembly of
Nigeria including the Senate and the House of Representatives and other
agencies of government apparently working with them to undermine the
ongoing fight against corruption which Mr Magu is leading, and invariably,
the independence and freedom of action of anticorruption agencies
including the EFCC.”
“SERAP is deeply concerned by intimidation, harassment and politically
motivated allegations against one of the most efficient, focused,
consistent and hardworking anti-corruption campaigners in our country.
These politically motivated allegations are not only to victimize him as
the head of EFCC but also to harass, intimidate and frustrate the work of
other anti-corruption and human rights campaigners and institutions in the
country.”
“SERAP considers Mr Magu to be a human rights defender within the
provisions of the UN Declaration on the Right and Responsibility of
Individuals, Groups and Organs of Society to Promote and Protect
Universally Recognized Human Rights and Fundamental Freedoms of 1998 (UN
Declaration on Human Rights Defenders).”
“SERAP therefore urges you to urgently assert your mandates to put
pressure on the Senate of Nigeria and other agencies of government
apparently working with them to end continuing harassment and intimidation
of Mr Magu by immediately withdrawing any politically motivated
allegations against him. We also urge you to send a strong message to the
Senate of Nigeria and other agencies of government that the campaign of
intimidation and harassment against human rights and anti-corruption
campaigners is unacceptable, and will not be tolerated.”