Socio-Economic Rights and Accountability Project (SERAP) has sued
\nPresident Muhammadu Buhari over \u201cfailure to direct the Attorney General of
\nthe Federation and Minister of Justice Abubakar Malami, SAN, and\/or
\nappropriate anti-corruption agencies to investigate allegations of bribery
\nagainst Governor Abdullahi Ganduje of Kano State, as contained in the
\nwidely circulated video clips allegedly showing Mr Ganduje receiving
\nbribe.\u201d<\/p>\n
SERAP had in November asked the president to direct the investigation of
\nMr Ganduje, stating that, \u201cif there is relevant and sufficient admissible
\nevidence, for him to face prosecution at the expiration of his tenure as
\ngovernor.\u201d The organization also sought protection for the journalist
\nJaafar Jaafar, who reportedly published the video clips.<\/p>\n
However, SERAP said since the receipt of its letter and to date, President
\nBuhari has failed to grant its requests. Also, a Kano State high court
\nlast week stopped the Kano State House of Assembly from investigating the
\n$5 million bribery allegation against Mr Ganduje.<\/p>\n
Consequently, in the suit number FHC\/L\/CS\/2055\/18 filed last Friday at the
\nFederal High Court, Ikoyi, Lagos, SERAP is seeking \u201can order for leave to
\napply for judicial review and an order of mandamus directing and\/or
\ncompelling Mr Buhari to immediately direct the investigation of
\nallegations of bribery against Mr Ganduje.\u201d<\/p>\n
SERAP said: \u201cThe Applicant\u2019s requests are not onerous but simply based on
\nissues of public interest, good governance, transparency and
\naccountability. It is in the interest of justice to grant this
\napplication, as the Respondent has nothing to lose if the application is
\ngranted.\u201d<\/p>\n
The suit is also seeking an order to compel Mr Buhari to \u201cinstruct
\nappropriate security and law enforcement agencies to ensure the protection
\nand guarantee the safety and security of journalist Jaafar Jaafar.\u201d<\/p>\n
The suit filed on behalf of SERAP by its counsel, Ms. Bamisope Adeyanju
\nread in part: \u201cInvestigating allegations of bribery against Mr Ganduje
\nwould be entirely consistent with the provisions of section 15 subsection
\n(5) of the 1999 Constitution, which requires the government of the
\nRespondent to abolish all corrupt practices and abuse of power, regardless
\nof the state where such practices are taking place. The Constitution
\ndefines \u2018government\u2019 to include federal, state and local governments.\u201d<\/p>\n
\u201cGrowing allegations of corruption against many state governors have not
\nbeen investigated and several of the governors involved are getting away
\nwith their alleged crimes. Granting the reliefs sought would assist the
\nRespondent to succeed in his fight against corruption and help to combat
\ncorruption among many state governors, who continue to allegedly mismanage
\ntheir states\u2019 resources with almost absolute impunity.\u201d<\/p>\n
\u201cThe Attorney-General of the Federation has power conferred on him by
\nsection 174(1)(a) of the 1999 Constitution (as amended) and anticorruption
\nagencies have the powers to act on the allegations of bribery against Mr
\nGanduje for the sake of discharging their mandates, ensuring transparency
\nand accountability, promoting the common good, peace, order and good
\ngovernment of the federation (which includes Kano State).\u201d<\/p>\n
\u201cUnder the provisions of section 5(1)(b) of the Constitution of
\nNigeria,1999, the Executive powers of the Federation extends to the
\nexecution and maintanance of the Constitution which is the grundnorm and
\nall laws made by the National Assembly, including the provisions of the
\nCorrupt Practices and Other Related Offences Act, which SERAP is
\nrequesting the Respondent to effectively implement.\u201d<\/p>\n
\u201cUnder Section 61(2) of the Corrupt Practices and Other Related Offences
\n(ICPC) Act, a law of general application throughout the country, public
\nofficers accused of bribery may be prosecuted by the appropriate authority
\nfor such an offence.\u201d<\/p>\n
\u201cAlthough primarily a matter of concern for Kano State, the allegations of
\nbribery against Mr Ganduje have assumed such a proportion as to become a
\nmatter of concern to the federation as a whole, and therefore, to the
\ngovernment of the Respondent.\u201d<\/p>\n
\u201cVigorously seeking to enforce anticorruption legislation and the United
\nNations Convention against Corruption to which Nigeria is a state party
\nregarding alleged corrupt state governors, will show that the Respondent
\nis concerned with the overall well-being of the federation and willing and
\nable to enforce important constitutional principles.\u201d<\/p>\n
\u201cGiven the history of corruption in Nigeria, especially unresolved
\nallegations of grand corruption against many state governors, the
\ngovernment of the Respondent cannot and should not look the other way
\nregarding the allegations against Mr Ganduje. Any allegations of bribery
\nand abuse of power in any state of Nigeria is of concern to every
\nNigerian, and should therefore, be of concern to the government of the
\nRespondent.\u201d<\/p>\n
\u201cIt is important to reiterate that a sitting governor can be investigated
\nunder Nigerian laws. Any criminal allegation against a sitting governor
\ncan and should be investigated pending the time the governor leaves office
\nand loses immunity.\u201d<\/p>\n
\u201cSERAP has sufficient legal interest in monitoring the way and manner
\npublic funds are being utilized in Nigeria, hence our request for the
\nRespondent to perform his public duty.\u201d<\/p>\n
\u201cThe Respondent has failed, neglected and refused to instruct the Attorney
\nGeneral of the Federation and\/or anti-corruption agencies to investigate
\nMr Ganduje over the alleged bribery. Given his anticorruption commitments,
\nthe Respondent ought to have acted on SERAP\u2019s requests to improve
\ntransparency and accountability among state governors.\u201d<\/p>\n
\u201cAs the Supreme Court of Nigeria stated in Ugwu v. Ararume (2007) 31 WRN 1
\nat 42: \u2018If we want to instill sanity into our human affairs, if we want to
\nentrench unpolluted democracy in our body polity, the naked truth must
\npermeate through the blood, nerve and brain of each and every one of us.
\nAlthough credit may not always have its rightful place in politics, we
\nshould try to blend the two so as to attain a fair, just and egalitarian
\nsociety where no one is oppressed. Let us call a spade a spade!\u201d<\/p>\n
No date has been fixed for the hearing of the suit.<\/p>\n","protected":false},"excerpt":{"rendered":"
Socio-Economic Rights and Accountability Project (SERAP) has sued President Muhammadu Buhari over \u201cfailure to direct the Attorney General of the Federation and Minister of Justice Abubakar Malami, SAN, and\/or appropriate…<\/p>\n","protected":false},"author":1,"featured_media":56720,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-64384","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n