Socio-Economic Rights and Accountability Project (SERAP) has commenced
committal to prison hearings against the Federal Government, Mr. Abubakar
Malami (SAN), Attorney-General of the Federation and Minister of Justice,
and Alhaji Ahmed Idris Accountant-General of the Federation “for having
neglected to obey the order of the court made on Friday the 26th of
February, 2016, requiring them to provide SERAP with up to date
information on the spending of recovered stolen funds since the return of
democracy in 1999.”
The information ordered to be released by Justice Muhammed Idris of the
Federal High Court Lagos include specific details on the total amount of
recovered stolen public assets by governments since 1999; the amount that
has been spent from the recovered stolen public assets and the objects of
such spending; as well as details and location of specific projects on
which recovered stolen public assets were spent.
The Form 49 “notice to show cause why order of committal should not be
made” was filed at the Federal High Court, Lagos last week by SERAP
executive director Adetokunbo Mumui “following the service on Mr Malami
and Alhaji Idris of Form 48 contempt suit, and the certified true copy of
the judgment.”
Mumuni said, “Despite the service of both form 48 and the certified true
copy of the judgment on both the Attorney General of the Federation and
the Accountant-General of the Federation they have failed and/or neglected
to acknowledge the judgment let alone obey it.”
“It has become painfully clear since the judgment was delivered that this
government has no plan to enforce it. It’s dismaying that a government,
which builds its reputation on combating grand corruption has not embraced
the enormous opportunities the judgment provides to open the book on what
exactly happened to recovered loot.”
“It’s absolutely unacceptable to take the court, which is the guardian of
justice in this country, for a ride. A democratic state based on the rule
of law cannot exist or function, if the government ignores and/or fails to
abide by Court orders,” Mumuni said.
The 69-page judgment in suit no: FHC/IKJ/CS/248/2011 signed by Honourable
Justice Mohammed Idris reads in part: “Transparency in the decision-making
process and access to information upon which decisions have been made can
enhance accountability.”
“Obedience to the rule of law by all citizens but more particularly those
who publicly took oath of office to protect and preserve the Constitution
is a desideratum to good governance and respect for the rule of law. In a
constitutional democracy like ours, this is meant to be the norm.”
“In respect of the SERAP reliefs on recovered stolen funds since return of
democracy in 1999, the government had kept mute. Let me say that they have
no such power under the law.”
“There is public interest in public authorities and high-profile
individuals being accountable for the quality of their decision making.
Ensuring that decisions have been made on the basis of quality legal
advice is part of accountability.”
“I am of the view and do hold that the action should and does succeed in
whole. Documents relating to the receipt or expenditure on recovered
stolen funds since return of democracy in 1999 constitute part of the
information which a public institution and authority is obligated to
publish, disseminate and make available to members of the public. The
government has no legally justifiable reason for refusing to provide SERAP
with the information requested, and therefore, this Court ought to compel
the government to comply with the Freedom of Information Act, as the
government is not above the law.”
“Judgment is hereby entered judgment in favour of SERAP against the
Federal Government as follows:
A DECLARATION is hereby made that the failure and/or refusal of the
Respondents to individually and/or collectively disclose detailed
information about the spending of recovered stolen public funds since the
return of civil rule in 1999, and to publish widely such information,
including on a dedicated website, amounts to a breach of the fundamental
principles of transparency and accountability and violates Articles 9, 21
and 22 of the African Charter on Human and Peoples’ Rights (Ratification
and Enforcement) Act
A DECLARATION is hereby made that by virtue of the provisions of Section 4
(a) of the Freedom of Information Act 2011, the 1st Defendant/Respondent
is under a binding legal obligation to provide the Plaintiff/Applicant
with up to date information on the spending of recovered stolen funds,
including:
(a) Detailed information on the total amount of recovered stolen public
assets that have so far been recovered by Nigeria
(b) The amount that has been spent from the recovered stolen public
assets and the objects of such spending
(c) Details of projects on which recovered stolen public assets were spent
AN ORDER OF MANDAMUS is made directing and or compelling the
Defendants/Respondents to provide the Plaintiff/Applicant with up to date
information on recovered stolen funds since the return of civilian rule in
1999, including:
(a) Detailed information on the total amount of recovered stolen public
assets that have so far been recovered by Nigeria
(b) The amount that has been spent from the recovered stolen public
assets and the objects of such spending
(c) Details of projects on which recovered stolen public assets were spent
It would be recalled that SERAP had on 28 March 2016 sent a copy of the
certified true copy of the judgment to Mr Malami and Alhaji Idris urging
them to use their “good offices and leadership to ensure and facilitate
full, effective and timely enforcement and implementation of the
judgment.”
SERAP letter reads in part “Given the relative newness of the Buhari
government, the effective enforcement and implementation of the judgment
will invariably involve setting up a mechanism by the government to invite
the leadership and high-ranking officials of the governments of former
President Olusegun Obasanjo, former President Umaru Musa Yar’Adua, and
former President Goodluck Jonathan to explain, clarify and provide
evidence on the amounts of stolen funds recovered by their respective
governments (from abroad and within Nigeria), and the projects (including
their locations) on which the funds were spent.”
“SERAP therefore believes that the swift enforcement and implementation of
this landmark judgment by the government of President Muhammadu Buhari
will be litmus test for the President’s oft-repeated commitments to
transparency, accountability and the fight against corruption, and for the
effectiveness of the Freedom of Information Act in general.”
The organisation said that, “The enforcement and implementation of the
judgment should not be delayed as to do this is to continue to frustrate
the victims of corruption in the country since the return of democracy in
1999, and will threaten to undermine the authority of our judicial
system.”