Socio-Economic Rights and Accountability Project, (SERAP) has sent a
letter to Justice Water Samuel Nkanu Onnoghen Chief Justice of Nigeria
requesting him to urgently use his good offices and position “to appoint
an independent counsel to investigate allegations of corruption in the
spending of $16 billion on electricity by the government of former
President Olusegun Obasanjo between 1999 and 2007.”
SERAP said the request was brought “pursuant to Section 52 of the
Independent Corrupt Practices and Other Related Offences Act 2000, and the
letter and spirit of the Act, and the object and purpose of the 1999
Constitution (as amended).”
The letter dated 24 November 2016 and signed by SERAP senior staff counsel
Timothy Adewale states that, “a Parliamentary Hearing by the House of
Representatives in Abuja over the spending of $16 billion between 1999 and
2007 on the power project revealed through testimonies of witnesses
appearing before the Committee that the $16 billion budgeted for the power
project may have been stolen by some state officials and others, and
cannot be accounted for.”
According to the organization, “Section 52 of the Corrupt Practices Act
requires the Chief Justice of Nigeria to authorise an independent counsel
to investigate any allegation of corruption against high level public
officials—at the federal or state level–and to report his findings to the
National Assembly or appropriate house of assembly.”
The letter reads in part: “We believe that the above highlighted findings
by the Parliamentary Hearing have sufficiently demonstrated good cause
invariably justifying your intervention in the matter. We therefore urge
you to interpret this provision robustly and flexibly in the light of the
unique role of the judiciary in the efforts to prevent and combat
corruption and its destructive effects on the society.”
“We believe your urgent intervention will contribute to improving the
integrity of government and public confidence and trust in their
government. It would also serve as a vehicle to further the public’s
perception of fairness and thoroughness, and to avert even the most subtle
of influences that may appear in an investigation of highly-placed
executive officials.”
“We also urge you to be guided not by technicalities of ICPC Act but by
the overall public interest involved in the enjoyment of the right to
regular and uninterrupted electricity supply by millions of Nigerians, and
the spirit and letter of the constitution. In particular, Chapter 2 of the
1999 Constitution dealing with Fundamental Objectives and Directive
Principles of State Policy, high-level public officials have a clear
obligation to “eradicate all corrupt practices and abuse of power.”
“SERAP also notes that lack of access to uninterrupted energy/electricity
services has forced many citizens to use and collect frequently
contaminated surface water for drinking and household uses; and denied the
citizens the ability and services for boiling, purifying, disinfecting,
and storing water, as well as for irrigation to increase the productivity
of lands, thereby decreasing the availability of food supplies and
undermining employment opportunities.”
“Furthermore, the constitution also prohibits the exploitation of
Nigeria’s human and natural resources for any reasons other than for the
good of the community.” This position is well supported by the provisions
of the UN Convention against Corruption to which Nigeria is a state party.
In exercising your statutory and constitutional responsibilities, we urge
you to work very closely with both the Independent Corrupt Practices and
Other Related Offences Commission (ICPC) and the Economic and Financial
Crime Commission (EFCC).”
“SERAP notes that the failure by successive governments to tell Nigerians
the truth about allegations of corruption in the spending of $16 billion
on electricity supply amounts to a failure to ensure that energy
services/electricity services are progressively made available, on the
basis of equality and non-discrimination, to the whole population,
including those most disadvantaged, such as the fringe dwellers and the
rural poor.”
“SERAP also notes that allegations of corruption in the energy sector have
resulted in the epileptic and interrupted supply of electricity and
corresponding deprivation and denial of the citizens’ access to quality
healthcare, adequate food, shelter, clothing, water, sanitation, medical
care, schooling, and access to information.”
“The Parliamentary Hearing which took place in Abuja between Tuesday,
March 11 and Wednesday, 12 March, 2008 also revealed that: Mr. Bernerd
Mensen, the Chief Executive Officer of Lameyer, a German firm was paid
N370 million (out of the total contract sum of N600m) just to do a
feasibility study on a power station, but he confessed that he had never
visited the site of the Mambilla Hydro-Electric Power Project in Taraba
State.”
“The information from the hearing also revealed that N200m of the N370m
collected was spent to build a bungalow at Gembu, apparently to create the
impression that work was in progress, but the project was later abandoned.
One of the witnesses who gave evidence at the hearing said that the
ground-breaking was done at Gembu, about 25kilometers from the Mambilla;
and that they never got to the Mambilla at all. The witness also disclosed
that the sample of oil Lameyer collected for test was dumped at somebody’s
compound, and that Lameyer did nothing to implement the project.”
“The Mambilla power plant was envisaged to generate 2,600 megawatts of
electricity. According to the hearing, the contracts awarded for the
Kainji, Egbin, Afam and Ugehli power stations were never executed but the
PHCN, in its report to the hearing on how it spent its budgetary
allocations between 1999 and 2007, quoted the contracts as part of the
work done. The hearing also revealed that there were about nine of such
contracts, totalling $142m.”