Socio-Economic Rights and Accountability Project (SERAP) has sued
President Muhammadu Buhari over “failure to direct the Attorney General of
the Federation and Minister of Justice Abubakar Malami, SAN, and/or
appropriate anti-corruption agencies to investigate allegations of bribery
against Governor Abdullahi Ganduje of Kano State, as contained in the
widely circulated video clips allegedly showing Mr Ganduje receiving
bribe.”
SERAP had in November asked the president to direct the investigation of
Mr Ganduje, stating that, “if there is relevant and sufficient admissible
evidence, for him to face prosecution at the expiration of his tenure as
governor.” The organization also sought protection for the journalist
Jaafar Jaafar, who reportedly published the video clips.
However, SERAP said since the receipt of its letter and to date, President
Buhari has failed to grant its requests. Also, a Kano State high court
last week stopped the Kano State House of Assembly from investigating the
$5 million bribery allegation against Mr Ganduje.
Consequently, in the suit number FHC/L/CS/2055/18 filed last Friday at the
Federal High Court, Ikoyi, Lagos, SERAP is seeking “an order for leave to
apply for judicial review and an order of mandamus directing and/or
compelling Mr Buhari to immediately direct the investigation of
allegations of bribery against Mr Ganduje.”
SERAP said: “The Applicant’s requests are not onerous but simply based on
issues of public interest, good governance, transparency and
accountability. It is in the interest of justice to grant this
application, as the Respondent has nothing to lose if the application is
granted.”
The suit is also seeking an order to compel Mr Buhari to “instruct
appropriate security and law enforcement agencies to ensure the protection
and guarantee the safety and security of journalist Jaafar Jaafar.”
The suit filed on behalf of SERAP by its counsel, Ms. Bamisope Adeyanju
read in part: “Investigating allegations of bribery against Mr Ganduje
would be entirely consistent with the provisions of section 15 subsection
(5) of the 1999 Constitution, which requires the government of the
Respondent to abolish all corrupt practices and abuse of power, regardless
of the state where such practices are taking place. The Constitution
defines ‘government’ to include federal, state and local governments.”
“Growing allegations of corruption against many state governors have not
been investigated and several of the governors involved are getting away
with their alleged crimes. Granting the reliefs sought would assist the
Respondent to succeed in his fight against corruption and help to combat
corruption among many state governors, who continue to allegedly mismanage
their states’ resources with almost absolute impunity.”
“The Attorney-General of the Federation has power conferred on him by
section 174(1)(a) of the 1999 Constitution (as amended) and anticorruption
agencies have the powers to act on the allegations of bribery against Mr
Ganduje for the sake of discharging their mandates, ensuring transparency
and accountability, promoting the common good, peace, order and good
government of the federation (which includes Kano State).”
“Under the provisions of section 5(1)(b) of the Constitution of
Nigeria,1999, the Executive powers of the Federation extends to the
execution and maintanance of the Constitution which is the grundnorm and
all laws made by the National Assembly, including the provisions of the
Corrupt Practices and Other Related Offences Act, which SERAP is
requesting the Respondent to effectively implement.”
“Under Section 61(2) of the Corrupt Practices and Other Related Offences
(ICPC) Act, a law of general application throughout the country, public
officers accused of bribery may be prosecuted by the appropriate authority
for such an offence.”
“Although primarily a matter of concern for Kano State, the allegations of
bribery against Mr Ganduje have assumed such a proportion as to become a
matter of concern to the federation as a whole, and therefore, to the
government of the Respondent.”
“Vigorously seeking to enforce anticorruption legislation and the United
Nations Convention against Corruption to which Nigeria is a state party
regarding alleged corrupt state governors, will show that the Respondent
is concerned with the overall well-being of the federation and willing and
able to enforce important constitutional principles.”
“Given the history of corruption in Nigeria, especially unresolved
allegations of grand corruption against many state governors, the
government of the Respondent cannot and should not look the other way
regarding the allegations against Mr Ganduje. Any allegations of bribery
and abuse of power in any state of Nigeria is of concern to every
Nigerian, and should therefore, be of concern to the government of the
Respondent.”
“It is important to reiterate that a sitting governor can be investigated
under Nigerian laws. Any criminal allegation against a sitting governor
can and should be investigated pending the time the governor leaves office
and loses immunity.”
“SERAP has sufficient legal interest in monitoring the way and manner
public funds are being utilized in Nigeria, hence our request for the
Respondent to perform his public duty.”
“The Respondent has failed, neglected and refused to instruct the Attorney
General of the Federation and/or anti-corruption agencies to investigate
Mr Ganduje over the alleged bribery. Given his anticorruption commitments,
the Respondent ought to have acted on SERAP’s requests to improve
transparency and accountability among state governors.”
“As the Supreme Court of Nigeria stated in Ugwu v. Ararume (2007) 31 WRN 1
at 42: ‘If we want to instill sanity into our human affairs, if we want to
entrench unpolluted democracy in our body polity, the naked truth must
permeate through the blood, nerve and brain of each and every one of us.
Although credit may not always have its rightful place in politics, we
should try to blend the two so as to attain a fair, just and egalitarian
society where no one is oppressed. Let us call a spade a spade!”
No date has been fixed for the hearing of the suit.