lawsuit against the Senate President, Dr Ahmad Lawan and Speaker of
House of Representatives, Mr Femi Gbajabiamila over “their failure to
publish reports of all completed public hearings and corruption probes
by the National Assembly since 1999, and failure to disclose the number
of probes that have resulted in any indictment of suspects, and to name
such suspects.”The suit followed recent public hearings by the National Assembly on
corruption allegations in ministries, departments, and agencies,
including the Niger Delta Development Commission (NDDC), and Nigeria
Social Insurance Trust Fund (NSITF). Reports of several public hearings
and corruption probes have remained secret, and the allegations
unresolved.
In the suit number FHC/ABJ/CS/1065/2020 filed last week at the Federal
High Court, Abuja, SERAP is seeking: “an order of mandamus to direct and
compel Dr Lawal and Mr. Gbajabiamila to send all reports of completed
public hearings and corruption probes to appropriate anti-corruption
agencies to consider if there is sufficient admissible evidence to
pursue prosecution.”
SERAP is also seeking: “an order for leave to apply for judicial review
and an order of mandamus to direct and/or compel Dr. Lawal and Mr.
Gbajabiamila to widely publish all reports of completed public hearings
and corruption probes by the Senate and the House of Representatives,
and to disclose the number and names of any indicted suspects since
1999.”
SERAP is asking the court for “an order of mandamus to direct and compel
Dr Lawal and Mr. Gbajabiamila to sponsor a resolution to stop lawmakers
from directly getting involved in the execution of projects by MDAs, and
to ensure the proper and effective exercise of their oversight functions
over corruption allegations including in the Niger Delta Development
Commission (NDDC) and Nigeria Social Insurance Trust Fund (NSITF).”
The suit followed SERAP’s Freedom of Information (FoI) requests dated 25
July 2020, stating that: “The most effective way to deter corruption is
to make the cost of engaging in these types of acts higher than the
rewards. This end can only be accomplished by making public the reports
and pursuing public accountability for corrupt acts.”
In the suit, SERAP is arguing that: “The court ought to compel Dr. Lawal
and Mr. Gbajabiamila to publish the reports of hearings and probes and
to send the reports to appropriate anti-corruption agencies for
prosecution. Granting the reliefs sought would bolster public trust and
confidence in the lawmakers’ oversight functions, and dispel the
perception that many of the hearings and probes are politically
motivated and serve a personal interest, rather than the general public
interests.”
SERAP is also arguing that: “Nigerians have the right to information, as
guaranteed under Section 39(1) of the Constitution of Nigeria, 1999 (as
amended), and Article 9 of the African Charter on Human and Peoples’
Rights, which the country has ratified and domesticated as part of its
national laws.”
The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and
Opeyemi Owolabi, read in part: “There is no legally justifiable reason
why the information should not be made widely available to Nigerians,
and why the prosecution of indicted suspects should not be pursued,
where there is relevant admissible evidence.”
“Public officers are mere custodians of public records. There is a
legitimate public interest in the publication of the reports of these
public hearings and probes. The public hearings and probes can only
serve as effective mechanisms to prevent and combat corruption if their
reports are widely published.”
“The exercise of oversight functions and powers by the National Assembly
to conduct public hearings and corruption probes in MDAs should be
regarded as a public trust. The National Assembly has a unique
opportunity to enhance the integrity of its oversight functions on
corruption matters in particular, and other constitutional roles, in
general.”
“Both the Senate and House of Representatives have over the years
conducted several public hearings and corruption probes to expose the
pervasive problem of corruption in MDAs. Publishing the reports and
pursuing prosecution would give Nigerians greater confidence that their
lawmakers can use their constitutional oversight functions to address
corruption in Nigeria.”
“Lack of transparency and accountability about the systemic and
widespread corruption allegations in MDAs and among high-ranking public
officials has continued to create a culture of impunity, and to have
negative impacts on socio-economic development, as well as access of
Nigerians to public goods and services, including quality education,
adequate healthcare, clean water, and regular electricity supply.”
No date has been fixed for the hearing of the suit.