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Socio-Economic Rights and Accountability Project (SERAP) has sent an
open letter to President Muhammadu Buhari ahead of his inauguration for
second term in office, urging him to “publicly commit to making every
day of your stay in Aso Rock a ‘Rule of Law’ Day, including by ensuring
that every segment of your government’s daily operations is lawful and
rule-of-law compliant, for the sake of fairness, justice, your legacy,
and the success of your anti-corruption agenda, which has remained stuck
in limbo.”
The organization expressed: “serious concerns that the results of the
‘rule of law MOT’ in the past four years are uniquely damaging to your
government’s fight against corruption and to the country.”
In a letter dated 29 May 2019 and signed by SERAP deputy director
Kolawole Oluwadare, the organization said: “Making a public commitment
to dedicate every day of your second term as a ‘Rule of Law’ day will
help to ensure that decisions of our courts are fully obeyed, refocus,
improve and reinforce the anti-corruption agenda. It will also serve as
a reminder that no one has immunity from the law, not even the
government.”
The organization said: “The deficits in the rule of law have been
particularly notable in three areas: failure to obey decisions of
Nigerian courts, failure to push for transparency in asset declarations
by high-ranking public officials and failure to push for unexplained
wealth orders against former presidents and former governors and other
senior public officials suspected of living on proceeds of corruption
and ‘dirty money’.”
The letter read in part: “We urge you to use the opportunity of your
second term to begin to implement your oft-expressed commitment to the
rule of law by immediately obeying decisions of Nigerian courts,
promoting transparency in asset declarations by publishing widely
details of your assets declaration, encouraging Vice-President Professor
Yemi Osinbajo to do the same, and instructing all your ministers to
publish their asset declarations.”
“We also urge you to immediately instruct your next Attorney General of
the Federation and Minister of Justice to pursue unexplained wealth
court orders against all former presidents (and their estates), former
governors, former presidents of the Senate and former speakers of the
House of Representatives aimed at forcing those of them suspected of
living on proceeds of corruption and ‘dirty money’ to reveal sources of
their fortune or risk forfeiting it.”
“Nigeria’s democracy ought to have as its foundation respect for human
rights and the rule of law. Treating the decisions of Nigerian courts as
not binding is antithetical to any contemporary notion of the rule of
law and democracy, and clearly counter-productive to the fight against
corruption.”
“Ignoring or refusing to obey decisions of our courts is implicitly
rendering the judiciary powerless to enforce constitutional and legal
rights, violating separation of powers, undermining the rule of law, and
ultimately, raising serious question marks on the government’s
commitment to fight grand corruption.”
“Democracy is an inherent element of the rule of law, and obeying
decisions of the courts, pushing for transparency of high-ranking
government officials and going after former senior officials suspected
of living on proceeds of corruption and ‘dirty money’ are closely
connected with the existence and consolidation of democracy, good
governance and development.”
“Persistent disobedience of decisions of our courts by the government
has opened the way for many state governors to do the same within their
states including by using anti-media laws to suppress the civic space,
target journalists and human rights defenders, grant to themselves
pensions for life and commit grand corruption and other appalling
atrocities.”
“High-profile judgments your government is refusing to obey include at
least two judgments obtained by SERAP. The first is the judgment by
Justice Hadiza Rabiu Shagari ordering the government to tell Nigerians
about the stolen asset it allegedly recovered, with details of the
amounts recovered. The second judgment, by Justice Mohammed Idris,
ordered the government to publish details on the spending of stolen
funds recovered by successive governments since the return of democracy
in 1999.”
“Another court order that is yet to be complied with is the order for
the release of Islamic Movement of Nigeria leader, Sheikh Ibrahim
El-Zakzaky and his wife, Zeenah, from unlawful detention, obtained by
human rights lawyer and Senior Advocate of Nigeria, Femi Falana.”