Lawan; and Speaker of House of Representatives, Mr. Femi Gbajabiamila,
urging them to use their “good offices and leadership positions to
urgently publish all reports of completed public hearings and corruption
probes by the National Assembly since the return of democracy in 1999.”
The organization also urged them to “disclose the number and details of
public hearings and corruption probes by the National Assembly that have
resulted in an indictment of suspects and to name such suspects. The
reports should be sent to appropriate anti-corruption agencies to
consider if there is sufficient admissible evidence to pursue
prosecution.”
In the FoI requests dated 25 July 2020 and signed by SERAP deputy
director Kolawole Oluwadare, the organization said: “Publishing the
reports of hearings and probes would bolster public trust and confidence
in the oversight functions, and dispel the perception that many of these
hearings and probes are politically motivated and serve a personal
interest, rather than the general public interests.”
SERAP said: “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. Doing so would also give
Nigerians greater confidence that their lawmakers can use their
constitutional oversight functions to address corruption in Nigeria.”
The FoI requests, read in part: “We urge you to sponsor a resolution to
stop lawmakers from directly getting involved in the execution of
projects by ministries, departments and agencies (MDAs) to ensure the
proper and effective exercise of oversight functions, including
investigations of corruption allegations, such as those involving the
Niger Delta Development Commission (NDDC) and Nigeria Social Insurance
Trust Fund (NSITF).”
“We also urge you to urgently use the opportunity of the ongoing public
hearings and corruption probes to influence Nigeria’s anti-corruption
agenda, including by immediately amending section 52 of the Independent
Corrupt Practices and Other Related Offences Act on independent counsel
for corruption.”
“Section 52 requires the Chief Justice of Nigeria to authorize an
independent counsel to investigate any allegation of corruption against
high-level public officials, and to report his/her findings to the
National Assembly or appropriate house of assembly.”
“The proposed amendment should include additional requirements beyond
merely reporting to lawmakers, that would allow the independent counsel
to use the findings of any investigation as a basis to pursue effective
prosecution of corruption cases without any authorization by the
executive or the National Assembly.”
“SERAP notes that 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.”
“SERAP is concerned about the systemic and widespread corruption
allegations in MDAs and among high-ranking public officials, and the
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.”
“We would be grateful if the requested information is provided to us
within 7 days of the receipt and/or publication of the FoI requests. If
we have not heard from you by then, the Registered Trustees of SERAP
shall take all appropriate legal actions under the Freedom of
Information Act and the African Charter on Human and Peoples’ Rights to
compel you to comply with our requests.”
“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 transparency
and accountability, as well as the integrity of its oversight functions
on corruption matters in particular, and other constitutional roles, in
general, including by publishing widely the reports of all
corruption-related public hearings since 1999.”
“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.”
“By Section 1 (1) of the Freedom of Information (FoI) Act 2011, SERAP is
entitled as of right to request for or gain access to information,
including information on reports of all public hearings and corruption
probes by the National Assembly since 1999.”
“By Section 4 (a) of the FoI Act, when a person makes a request for
information from a public official, institution or agency, the public
official, institution or urgency to whom the application is directed is
under a binding legal obligation to provide the applicant with the
information requested for, except as otherwise provided by the Act,
within 7 days after the application is received.”