Socio-Economic Rights and Accountability Project (SERAP) has sent an
\nopen letter to President Muhammadu Buhari urging him to “direct the
\nAttorney General of the Federation and Minister of Justice Mr Abubakar
\nMalami, SAN, and\/or appropriate anti-corruption agencies to urgently
\ninvestigate corruption allegations in the use of the monthly federal
\nallocations to the 774 local governments in the country through the 36
\nstate governors and the Federal Capital Territory.”<\/p>\n
SERAP also sought investigations into “the alleged complicity of state
\ngovernors in corruption cases involving local government allocations
\nbetween 1999 and 2019, and if there is relevant and sufficient
\nadmissible evidence, for suspected perpetrators to be prosecuted by
\nanti-corruption agencies and any stolen public funds recovered and used
\nto provide public goods and services.”<\/p>\n
SERAP’s letter followed the reported arrest last week by the Economic
\nand Financial Crimes Commission (EFCC) of 16 local government chairmen
\nin Kwara state, who were suspended by Governor AbdulRahman AbdulRazaq.
\nThey allegedly misappropriated N4 billion loan meant for paying
\nteachers’ salaries and local government pensioners.<\/p>\n
In the letter dated 1 November 2019 and signed by SERAP deputy director
\nKolawole Oluwadare, the organization said: “Investigating state
\ngovernors and local government chairmen over allegations of corruption
\nand abuse of power in the use of federal allocations meant to provide
\npublic goods and services would best serve the general public interests
\nand welfare.”<\/p>\n
SERAP said: “We request that you take the recommended action within 14
\ndays of the receipt and\/or publication of this letter, failing which
\nSERAP will institute legal proceedings to compel your government to act
\nin the public interest.”<\/p>\n
SERAP also said: “Our request is based on the 1999 Constitution of
\nNigeria (as amended), the country’s anti-corruption legislation and
\ninternational obligations, particularly the UN Convention against
\nCorruption. Section 7(6)(a) of the constitution anticipates allocation
\nof public revenue to the 774 local governments in the country. The
\nproposed investigations and prosecution do not offend the constitutional
\nprinciples of federation in any way, shape or form.”<\/p>\n
SERAP also said: “Your government is empowered to use the provisions of
\nthe constitution, anti-corruption legislation and international
\nstandards to check cases of corruption and abuse of power nationwide,
\nincluding by state and local governments. This position is entirely
\nconsistent with the doctrine of covering the field, as it vindicates the
\ntrue practice of federalism.”<\/p>\n
The letter copied to Mr Malami, Professor Bolaji Owasanoye, Chairman,
\nIndependent Corrupt Practices and Other Related Offences Commission and
\nMr Ibrahim Magu, Acting Chairman, Economic and Financial Crimes
\nCommission, read in part: “Section 15(5) of the constitution requires
\nyour government to abolish all corrupt practices and abuse of power,
\nregardless of where such practices are taking place in Nigeria.”<\/p>\n
“According to reports, an average of N20 billion accrued to local
\ngovernments across the county between 2007 and 2012 alone. Over N15
\ntrillion of federal allocations meant for provision of public goods and
\nservices by local governments have been allegedly mismanaged or pocketed
\nby state governments, local council chairmen, and the authorities of the
\nFederal Capital Territory in the last 12 years.”<\/p>\n
“As the Supreme Court of Nigeria once correctly stated, ‘Corruption is
\nnot a disease which afflicts public officers alone but society as a
\nwhole. If it is therefore to be eradicated effectively, the solution to
\nit must be pervasive to cover every segment of the society. Corrupt
\npractices and abuse of power can, if not checked threaten the peace,
\norder and good government of Nigeria or any part thereof.'”<\/p>\n
“‘Corruption is a national malaise which must be tackled by the
\ngovernment of the Federal Republic. The disastrous consequences of the
\nevil practice of corruption have taken this nation into the list of the
\nmost corrupt nations on earth.'”<\/p>\n
“Public schools and clinics across the 774 local governments in several
\nstates have been left to crumble and wither away, with ordinary citizens
\nmade to pay the price for the decay of those vital public services. The
\nfailure to act as recommended would leave a doubt in the public mind
\nabout your government’s commitment to rid Nigeria of corruption.”<\/p>\n
“The use of federal allocations has been characterized by allegations of
\nwaste, opacity and misappropriation, thereby undermining the ability of
\nstate and local governments to provide public goods and services such as
\nhealth, education and water. Corruption in Nigeria will remain if
\nrelevant federal authorities and agencies continue to fail to stem
\ncorruption in state and local governments.”<\/p>\n
“Local governments across the country rarely get the exact federal
\nallocations meant for them as the allocations are allegedly mismanaged
\nor misappropriated by state governments. Despite the country’s oil
\nwealth, millions of Nigerians continue to live in extreme poverty, as
\nfunds that state and local governments could have spent on basic health
\ncare, education and clean water have instead been mismanaged or stolen.”<\/p>\n
“SERAP therefore believes that anyone involved in alleged corrupt
\npractices and abuse of power including at the state and local government
\nlevels should be promptly, thoroughly and effectively investigated and
\nprosecuted if there is relevant and admissible evidence of corruption,
\nand stolen public funds recovered both to provide public goods and
\nservices to ordinary citizens and to serve as deterrent.”<\/p>\n
“State governors do not enjoy immunity from investigation. Any criminal
\nallegation against any sitting governor can and should be investigated
\npending the time the governor leaves office and loses immunity. The
\nfindings of such investigation can also be the basis for initiating
\nimpeachment proceedings against the governors.”<\/p>\n
“SERAP hopes that you will exercise your constitutional powers to
\npromote transparency and accountability and stop corruption in the use
\nof federal allocations to state and local governments across the
\ncountry.”<\/p>\n
“The constitutional authority by federal authorities and agencies to
\nfight corruption and ensure the peace, order and good government extend
\nto any part of the country, as contained in the Exclusive Legislative
\nList in Part 1 of the Second Schedule to the Nigerian constitution.”<\/p>\n
“The EFCC also reportedly probed how N11 million was allegedly taken by
\neach of 33 former local government caretaker chairmen, which was spent
\nto secure Oyo State against incursion by Boko Haram insurgents during
\nthe 2015 general elections. The money was allegedly disbursed from the
\nLocal Government Stabilization Account to each of the 33 local
\ngovernment areas of the state.”<\/p>\n
Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to President Muhammadu Buhari urging him to “direct the Attorney General of the Federation and Minister of Justice Mr…<\/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-70232","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n