Socio-Economic Rights and Accountability Project (SERAP) has filed a
\nlawsuit against President Muhammadu Buhari over “his failure to probe
\nallegations that N3,836,685,213.13 of public funds meant for the Federal
\nMinistry of Health, teaching hospitals, medical centres, and National
\nFood Drug Administration and Control (NAFDAC) are missing, mismanaged,
\ndiverted or stolen, as documented in the recently released 2018 audited
\nreport by the Office of the Auditor-General of the Federation.”<\/p>\n
The suit is coming in the wake of the controversy over Buhari’s travel
\nto London for a “routine” medical check-up at a time the country’s
\nresident doctors are on strike over unpaid salaries, upward review of
\nhazard allowances, and COVID-19 care incentives, leaving millions of
\npoor Nigerians without access to medical treatment.<\/p>\n
In the suit number FHC\/ABJ\/CS\/433\/2021 filed last week at the Federal
\nHigh Court in Abuja, SERAP is seeking: “an order of mandamus directing
\nand compelling President Buhari to investigate alleged missing N3.8bn
\nhealth funds, and to promptly investigate the extent and patterns of
\nwidespread corruption in the Federal Ministry of Health, teaching
\nhospitals, medical centres and NAFDAC.”<\/p>\n
In the suit, SERAP is arguing that: “Corruption in the health sector
\nexacerbates inequality in already unequal and unfair political, social,
\nand economic environments, and produces a ‘cash and carry’ health care
\nsystem based on one’s ability to pay for care or one’s political
\nposition.”<\/p>\n
According to SERAP: “transparency and accountability in the management
\nof health funds is essential for promoting access of people living in
\npoverty to physical and mental healthcare, satisfactory health
\nconditions, equality and non-discrimination, development, as well as
\ngood governance and the rule of law.”<\/p>\n
SERAP is also arguing that, “The failure to investigate the alleged
\nmissing health funds, bring suspected perpetrators to justice, and to
\nrecover any missing public funds has exposed millions of poor Nigerians
\nto serious health risks, amounting to violations of constitutional and
\ninternational human rights and anti-corruption obligations.”<\/p>\n
According to SERAP: “The fight against corruption in the health sector
\nis vital for the effective enjoyment of the right to health by socially
\nand economically vulnerable Nigerians, which in turn is essential to all
\naspects of a person’s life and well-being, and to the realisation of all
\nthe other fundamental human rights.”<\/p>\n
Joined in the suit as Respondents are Mr Abubakar Malami, Minister of
\nJustice and Attorney General of the Federation; and Dr Osagie Ehanire,
\nMinister of Health.<\/p>\n
The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and
\nOpeyemi Owolabi, read in part: “Corruption in the health sector forces
\nsocially and economically vulnerable Nigerians to seek health services
\nand treatment in unsafe and unregulated environments, leaving them
\nsusceptible to avoidable injuries and death.”<\/p>\n
“Poor Nigerians are not enjoying the right to health maximally because
\nthe Nigerian government is failing to address systemic corruption in the
\nhealth sector, thereby rendering the authorities incapable of providing
\nthe basic amenities, infrastructure and resources that facilitate the
\nfull enjoyment of the right to health.”<\/p>\n
“A corrupt and dysfunctional health care system can hardly fulfil the
\nphysical and health needs of citizens. Such a system denies people
\naccess to the highest attainable standard of health care and
\nsimultaneously undermines their ability to pursue personal development
\nand prosperity.”<\/p>\n
“The Nigerian government has the legal obligations to take the necessary
\nmeasures to protect the health of the Nigerian people and to ensure that
\nthey receive medical attention when they are sick.”<\/p>\n
“This means taking prompt measures to investigate the alleged missing
\nhealth funds, to ensure that health systems can deliver quality health
\ncare and services in an equal and non-discriminatory manner.”<\/p>\n
“The failure to promptly investigate the alleged missing health funds,
\nbring suspected perpetrators to justice and to recover any missing
\npublic funds has continued to have serious implications for the ability
\nof the government particularly the health ministry and agencies under
\nits control to meet the health needs of socially and economically
\nvulnerable Nigerians.”<\/p>\n
“By the combined reading of the Nigerian Constitution of 1999 [as
\namended], the Public Procurement Act, and the country’s obligations
\nincluding under the International Covenant on Economic, Social and
\nCultural Rights, President Buhari and his government have legal duties
\nto promptly probe allegations of corruption in the spending of health
\nfunds, and to ensure access of poor Nigerians to quality healthcare.”<\/p>\n
SERAP is also seeking the following reliefs:<\/p>\n
1.\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 AN ORDER granting leave to the Applicant to apply for
\njudicial review to enable the Applicant seek an order of mandamus
\ndirecting and compelling the 1st Respondent to direct the Minister of
\nJustice and Attorney General of the Federation and appropriate
\nanti-corruption agencies to investigate allegations that
\nN3,836,685,213.13 of public funds budgeted for the Federal Ministry of
\nHealth, teaching hospitals, medical centres and NAFDAC are missing, and
\nunaccounted for.<\/p>\n
2.\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 AN ORDER granting leave to the Applicant to apply for
\njudicial review to enable the Applicant seek an order of mandamus
\ndirecting and compelling the 1st Respondent to direct the Minister of
\nJustice and Attorney General of the Federation and appropriate
\nanti-corruption agencies to promptly investigate the extent and patterns
\nof widespread corruption in the Federal Ministry of Health, Teaching
\nHospitals, Medical Centres and NAFDAC indicted in the 2018 Audit Report
\nby the Office of the Auditor-General of the Federation.<\/p>\n
3.\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 AN ORDER granting leave to the Applicant to apply for
\njudicial review to enable the Applicant seek an order of mandamus
\ndirecting and compelling the 1st and 2nd Respondents to take meaningful
\nand effective measures to clean up an apparently entrenched system of
\ncorruption in the health sector<\/p>\n
4.\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 AND for such further order[s] the Honourable Court may deem
\nfit to make in the circumstances.<\/p>\n
No date has been fixed for the hearing of the suit.<\/p>\n
Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari over “his failure to probe allegations that N3,836,685,213.13 of public funds meant for the Federal Ministry…<\/p>\n","protected":false},"author":1,"featured_media":49993,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-79455","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n