Socio-Economic Rights and Accountability Project (SERAP) has petitioned
\nProfessor Philip Alston, UN Special Rapporteur on Extreme Poverty and
\nHuman Rights asking him to \u201cuse your good offices and position to urgently
\nrequest the National Assembly of Nigeria, specifically the Senate, to
\nwithdraw amendments to the Code of Conduct Bureau and Code of Conduct
\nTribunal Act which if passed into law would seriously weaken the act,
\nundermine the fight against corruption in the country, exacerbate extreme
\npoverty and violations of internationally recognized human rights.\u201d<\/p>\n
In the petition dated 15 April 2016 and signed by SERAP executive director
\nAdetokunbo Mumuni the organisation expressed \u201cserious concern that the
\nSenate of Nigeria will any moment from now pass amendments to Public
\nOfficers Protection Act; Administration of Criminal Justice Act; Code of
\nConduct Bureau Act and the Code of Conduct Tribunal Act with the political
\nobjective of securing a soft-landing for the Senate President Bukola
\nSaraki who is facing corruption charges.\u201d<\/p>\n
The petition copied to Mr Zeid Ra\u2019ad Al Hussein UN High Commissioner for
\nHuman Rights and the Conference of States Parties to the UN Convention
\nagainst Corruption reads in part: \u201cSERAP considers these amendments to be
\nin bad faith, patently an abuse of legislative powers, politically biased,
\nand demonstrably unjustified in a democratic and representative society
\ngoverned by the rule of law, and incompatible with the country\u2019s
\ninternational human rights obligations and commitments particularly the UN
\nConvention against Corruption, the International Covenant on Civil and
\nPolitical Rights, the International Covenant on Economic, Social and
\nCultural Rights, and the African Charter on Human and Peoples\u2019 Rights,
\nwhich Nigeria has ratified.\u201d<\/p>\n
\u201cSERAP also considers the amendments to amount to \u201clegislative rascality\u201d,
\nas they are not legitimate exercise of legislative power, and if allowed
\ncan exacerbate extreme poverty and violations of the right to an adequate
\nstandard of living of Nigerians and other human rights.\u201d<\/p>\n
\u201cThe amendments also threaten the injunction that government must be
\naccountable, responsive and open; that public institutions must not only
\nbe held to account but must also be governed by high standards of ethics,
\nefficiency and must use public resources in an effective manner.\u201d<\/p>\n
\u201cSERAP is concerned that while deserving bills have been left to languish
\nat the bottom of their legislative programmes, the Nigerian Senate has
\nfast-tracked the passing of these obnoxious amendments. The drafters of
\nthe constitution would not have foreseen that the Senate would use its
\nlegislative power to encourage corruption and to undermine rather than
\nadvance constitutional guarantees and principles.\u201d<\/p>\n
\u201cSERAP argues that limitations to the legislative powers of the Senate can
\nbe implied not only from the chapters two and four of the 1999 Nigerian
\nconstitution (as amended) relating to the obligations of all organs of
\ngovernment to promote transparency, accountability and combat corruption
\nand recognition of citizens\u2019 fundamental human rights but also by
\nvoluntary acceptance of international human rights obligations by
\nNigeria.\u201d<\/p>\n
\u201cSERAP believes that a good government is one that rules according to the
\nlaw, not according to the whims or caprice of parliamentarians.\u201d<\/p>\n
\u201cSERAP notes that the Nigerian constitution 1999 (as amended) grants
\nlegislative power to the Senate to \u201cmake laws for the peace, order and
\ngood government\u201d. SERAP believes that this power implies that the National
\nAssembly including the Senate will serve as a crucial bastion of
\ntransparency, accountability, and the rule of law that are necessary to
\nreduce poverty, establish a corruption-free society, and effective
\nenjoyment of human rights.\u201d<\/p>\n
\u201cRather than be inspired by the spirit of public service by initiating
\nlegislation that promotes transparency, accountability and human rights,
\nthe Senate is legislating to encourage corruption and impunity, serving as
\nboth a shield and sword to advance personal agendas. SERAP argues that the
\nstate\u2019s obligation to respect, protect, promote and fulfil human rights
\ninevitably creates a duty to develop effective anti-corruption legislation
\nand not to promote corruption and impunity of perpetrators.\u201d<\/p>\n
\u201cSERAP notes that the Senate does not enjoy unfettered, unconditional and
\nabsolute legislative powers and should therefore not be allowed to create
\nor change laws on a virtually unrestricted basis.\u201d<\/p>\n
\u201cAccording to the constitution, all power and authority of Government and
\nits organs is derived from the Constitution. Nigeria also is obligated to
\nobserve international human rights obligations in good faith and to take
\nappropriate measures including through legislation to promote, protect and
\nfulfil human rights. The law-making powers which are vested in the
\nNational Assembly including the Senate by Section 4 of the constitution
\nare therefore to be exercised in accordance with the constitution and
\ninternational obligations.\u201d<\/p>\n
\u201cSimilarly, the supremacy of the constitution including on all organs of
\ngovernment, and the sanctity of international human rights obligations
\nimply that the Senate has no power to ignore the conditions of law-making
\nthat are imposed by the instrument which itself regulates its power to
\nmake law.\u201d<\/p>\n
SERAP therefore urged the Special Rapporteur to:<\/p>\n
1. Publicly express concerns about the proposed amendments to the laws
\nthat will weaken anti-corruption agencies, undermine the fight against
\ncorruption and thereby exacerbating extreme poverty and violations of
\nhuman rights;<\/p>\n
2. Put pressure on the Senate to withdraw the amendments to the
\nanti-corruption laws and to ensure that a climate of legislative impunity
\nand official corruption is not allowed to undermine the mandate of the
\nSpecial Rapporteur to advance human rights and address extreme poverty;
\n3. Urge the National Assembly in particular the Senate to promote in its
\nlegislative duties transparency and accountability and observe human
\nrights principles, and that the exercise of its legislative power
\ncomplies with Nigeria\u2019s international human rights obligations and
\ncommitments;
\n4. Urge the National Assembly to allow anti-corruption agencies in this
\ncase the Code of Conduct Bureau and the Code of Conduct Tribunal to
\noperate without any intimidation, harassment or interference whatsoever<\/p>\n
\u201cIn charge number ABT\/01\/15, dated September 11 and filed before the Code
\nof Conduct Tribunal, Mr. Saraki is accused of offences ranging from
\nanticipatory declaration of assets to making false declaration of assets
\nin forms he filed before the Code of Conduct Bureau while he was governor
\nof Kwara state.\u201d<\/p>\n
\u201cThe amendments which have passed the second reading just 48 hours after
\nintroduction indicate that Section 3 (c) and (d) of the Code of Conduct
\nBureau Act will be amended to alter the functions of the bureau. Also, the
\nCode of Conduct Tribunal will no longer be able to try any accused public
\nofficer. The amendments also seek to put the anti-corruption agencies
\nfirmly under the control of the Senate, and to whittle down their powers.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
Socio-Economic Rights and Accountability Project (SERAP) has petitioned Professor Philip Alston, UN Special Rapporteur on Extreme Poverty and Human Rights asking him to \u201cuse your good offices and position to…<\/p>\n","protected":false},"author":1,"featured_media":19332,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-48569","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n