Socio-Economic Rights and Accountability Project (SERAP) has commenced
\ncommittal to prison hearings against the Federal Government, Mr. Abubakar
\nMalami (SAN), Attorney-General of the Federation and Minister of Justice,
\nand Alhaji Ahmed Idris Accountant-General of the Federation \u201cfor having
\nneglected to obey the order of the court made on Friday the 26th of
\nFebruary, 2016, requiring them to provide SERAP\u00a0 with up to date
\ninformation on the spending of recovered stolen funds since the return of
\ndemocracy in 1999.\u201d<\/p>\n
The information ordered to be released by Justice Muhammed Idris of the
\nFederal High Court Lagos include specific details on the total amount of
\nrecovered stolen public assets by governments since 1999; the amount that
\nhas been spent from the recovered stolen public assets and the objects of
\nsuch spending; as well as details and location of specific projects on
\nwhich recovered stolen public assets were spent.<\/p>\n
The Form 49 \u201cnotice to show cause why order of committal should not be
\nmade\u201d was filed at the Federal High Court, Lagos last week by SERAP
\nexecutive director Adetokunbo Mumui \u201cfollowing the service on Mr Malami
\nand Alhaji Idris of Form 48 contempt suit, and the certified true copy of
\nthe judgment.\u201d<\/p>\n
Mumuni said, \u201cDespite the service of both form 48 and the certified true
\ncopy of the judgment on both the Attorney General of the Federation and
\nthe Accountant-General of the Federation they have failed and\/or neglected
\nto acknowledge the judgment let alone obey it.\u201d<\/p>\n
\u201cIt has become painfully clear since the judgment was delivered that this
\ngovernment has no plan to enforce it. It\u2019s dismaying that a government,
\nwhich builds its reputation on combating grand corruption has not embraced
\nthe enormous opportunities the judgment provides to open the book on what
\nexactly happened to recovered loot.\u201d<\/p>\n
\u201cIt\u2019s absolutely unacceptable to take the court, which is the guardian of
\njustice in this country, for a ride. A democratic state based on the rule
\nof law cannot exist or function, if the government ignores and\/or fails to
\nabide by Court orders,\u201d Mumuni said.<\/p>\n
The 69-page judgment in suit no: FHC\/IKJ\/CS\/248\/2011 signed by Honourable
\nJustice Mohammed Idris reads in part: \u201cTransparency in the decision-making
\nprocess and access to information upon which decisions have been made can
\nenhance accountability.\u201d<\/p>\n
\u201cObedience to the rule of law by all citizens but more particularly those
\nwho publicly took oath of office to protect and preserve the Constitution
\nis a desideratum to good governance and respect for the rule of law. In a
\nconstitutional democracy like ours, this is meant to be the norm.\u201d<\/p>\n
\u201cIn respect of the SERAP reliefs on recovered stolen funds since return of
\ndemocracy in 1999, the government had kept mute. Let me say that they have
\nno such power under the law.\u201d<\/p>\n
\u201cThere is public interest in public authorities and high-profile
\nindividuals being accountable for the quality of their decision making.
\nEnsuring that decisions have been made on the basis of quality legal
\nadvice is part of accountability.\u201d<\/p>\n
\u201cI am of the view and do hold that the action should and does succeed in
\nwhole. Documents relating to the receipt or expenditure on recovered
\nstolen funds since return of democracy in 1999 constitute part of the
\ninformation which a public institution and authority is obligated to
\npublish, disseminate and make available to members of the public. The
\ngovernment has no legally justifiable reason for refusing to provide SERAP
\nwith the information requested, and therefore, this Court ought to compel
\nthe government to comply with the Freedom of Information Act, as the
\ngovernment is not above the law.\u201d<\/p>\n
\u201cJudgment is hereby entered judgment in favour of SERAP against the
\nFederal Government as follows:<\/p>\n
A DECLARATION is hereby made that the failure and\/or refusal of the
\nRespondents to individually and\/or collectively disclose detailed
\ninformation about the spending of recovered stolen public funds since the
\nreturn of civil rule in 1999, and to publish widely such information,
\nincluding on a dedicated website, amounts to a breach of the fundamental
\nprinciples of transparency and accountability and violates Articles 9, 21
\nand 22 of the African Charter on Human and Peoples\u2019 Rights (Ratification
\nand Enforcement) Act<\/p>\n
A DECLARATION is hereby made that by virtue of the provisions of Section 4
\n(a) of the Freedom of Information Act 2011, the 1st Defendant\/Respondent
\nis under a binding legal obligation to provide the Plaintiff\/Applicant
\nwith up to date information on the spending of recovered stolen funds,
\nincluding:
\n(a)\u00a0 Detailed information on the total amount of recovered stolen public
\nassets that have so far been recovered by Nigeria
\n(b)\u00a0 The amount that has been spent from the recovered stolen public
\nassets and the objects of such spending
\n(c)\u00a0 \u00a0Details of projects on which recovered stolen public assets were spent
\nAN ORDER OF MANDAMUS is made directing and or compelling the
\nDefendants\/Respondents to provide the Plaintiff\/Applicant with up to date
\ninformation on recovered stolen funds since the return of civilian rule in
\n1999, including:
\n(a)\u00a0 Detailed information on the total amount of recovered stolen public
\nassets that have so far been recovered by Nigeria
\n(b)\u00a0 The amount that has been spent from the recovered stolen public
\nassets and the objects of such spending
\n(c)\u00a0 \u00a0Details of projects on which recovered stolen public assets were spent<\/p>\n
It would be recalled that SERAP had on 28 March 2016 sent a copy of the
\ncertified true copy of the judgment to Mr Malami and Alhaji Idris urging
\nthem to use their \u201cgood offices and leadership to ensure and facilitate
\nfull, effective and timely enforcement and implementation of the
\njudgment.\u201d<\/p>\n
SERAP letter reads in part \u201cGiven the relative newness of the Buhari
\ngovernment, the effective enforcement and implementation of the judgment
\nwill invariably involve setting up a mechanism by the government to invite
\nthe leadership and high-ranking officials of the governments of former
\nPresident Olusegun Obasanjo, former President Umaru Musa Yar’Adua, and
\nformer President Goodluck Jonathan to explain, clarify and provide
\nevidence on the amounts of stolen funds recovered by their respective
\ngovernments (from abroad and within Nigeria), and the projects (including
\ntheir locations) on which the funds were spent.\u201d<\/p>\n
\u201cSERAP therefore believes that the swift enforcement and implementation of
\nthis landmark judgment by the government of President Muhammadu Buhari
\nwill be litmus test for the President\u2019s oft-repeated commitments to
\ntransparency, accountability and the fight against corruption, and for the
\neffectiveness of the Freedom of Information Act in general.\u201d<\/p>\n
The organisation said that, \u201cThe enforcement and implementation of the
\njudgment should not be delayed as to do this is to continue to frustrate
\nthe victims of corruption in the country since the return of democracy in
\n1999, and will threaten to undermine the authority of our judicial
\nsystem.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
Socio-Economic Rights and Accountability Project (SERAP) has commenced committal to prison hearings against the Federal Government, Mr. Abubakar Malami (SAN), Attorney-General of the Federation and Minister of Justice, and Alhaji…<\/p>\n","protected":false},"author":1,"featured_media":54827,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-54823","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n