News
SERAP Threatens Buhari With Legal Action Over Spending On SIPs
Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “promptly set up a presidential panel of enquiry to thoroughly, impartially, effectively and transparently investigate spending on all social safety nets and poverty alleviation programmes and projects executed between 2015 and 2022.”
SERAP also urged him “to ensure the findings of any such investigation are widely published and suspected perpetrators of corruption and mismanagement of public funds meant to take care of the poor should face prosecution as appropriate, if there is sufficient evidence, and any stolen public funds should be recovered.”
A recent report by the National Bureau of Statistics (NBS) shows damning revelations that some 133million Nigerians are poor, despite the government reportedly spending N500billion yearly on ‘social investment programmes.’
Half of all poor people in the country are children.
In the letter dated November 19, 2022, and signed by SERAP Deputy Director, Kolawole Oluwadare, the organisation said: “The report suggests a grave violation of the public trust, and the lack of political will to genuinely address poverty, and uphold your government’s constitutional and international human rights obligations.”
SERAP said, “The report that 133million Nigerians are poor suggests corruption and mismanagement in the spending of trillions of naira on social safety nets and poverty alleviation programmes, including the reported disbursement of over $700million from the repatriated Abacha looted funds to these programmes.”
SERAP said the government has legal obligations to effectively and progressively address and combat extreme poverty as a matter of human rights.
It maintained that the failure of the government to address extreme poverty has resulted in a high level of inequality and serious violations of the economic and social rights of Nigerians, particularly the socially and economically vulnerable sector of the population.
The letter, copied to the UN Special Rapporteur on Extreme Poverty and Human Rights, Mr Olivier De Schutter, read in part: “These grim revelations by the NBS show the failure to fulfil your oft-repeated promise to lift 100million Nigerians out of poverty, and that no one will be left behind.
“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest.
“The report also shows that the purported social safety nets and poverty alleviation programmes are clearly not working. It also shows a failure by your government to uphold the constitutionally and internationally guaranteed human rights of the Nigerian people.
“SERAP also urges you to prioritise investment in quality education and healthcare, and to redirect some of the unnecessary spending in the 2023 budget such as spending by the presidency on feeding and travels, and money allocated to the National Assembly in the budget to address poverty as a human rights issue.
“A supplementary appropriation bill, which reflects the proposed redirected budgets should be urgently sent to the National Assembly for its approval.
“Your government has a sacred duty to ensure transparency and accountability in the spending of the country’s resources, including the spending of public funds on social safety nets and poverty alleviation programmes and projects.
“Section 14(2)(b) of the Nigerian Constitution of 1999 [as amended] provides that, ‘the security and welfare of the people shall be the primary purpose of government.’
“Under Section 16(1)(a)(b), your government has the obligations to ‘harness the resources of the nation and promote national prosperity and an efficient, a dynamic and self-reliant economy’ and to secure the maximum welfare, freedom and happiness of every citizen.
“Nigeria has also ratified the African Charter on Human and Peoples’ Rights and the International Covenant on Economic, Social and Cultural Rights, which recognize legally enforceable economic and social rights, such as the rights to education, health, safe food and clean water, security, and shelter.
“Allegations of corruption in social safety nets and poverty alleviation programmes pose both direct and indirect threats to human rights, and contribute to extreme poverty in the country.
“Nigerians have the right to be free from poverty. Extreme poverty is the greatest denial of the exercise of human rights, as it denies millions of Nigerians not only their economic and social rights but also civil and political rights such as the rights to life, human dignity, and political participation.
“Political freedom and participation are closely related to human development. Without economic and social rights, people cannot effectively enjoy their political freedom. Therefore, effectively and progressively addressing poverty would improve the ability of Nigerians to exercise their political freedom and to have choices in life.
“Successive governments have systematically neglected social and economic rights and failed to address severe poverty and inequality in the country.
“Part of the problem is the failure by your government to promote the legal recognition of economic and social rights in the Nigerian Constitution, which would allow people living in poverty to seek redress for violations of their human rights.
“The allegations of corruption and mismanagement in the spending of public funds on social safety nets and poverty alleviation programmes and projects would clearly amount to a fundamental breach of national anticorruption laws and the country’s international anticorruption obligations.
“Investigating and prosecuting the allegations, and recovering any stolen public funds would serve the public interest.
“SERAP notes that the consequences of corruption are felt by citizens on a daily basis. Corruption exposes them to additional costs to pay for health, education and administrative services.
“Corruption undermines economic development of the country, trapping the majority of Nigerians in poverty and depriving them of employment opportunities.
“The 2022 Multidimensional Poverty Index (MPI) Survey reveals that 65percent of the poor (86million people) live in the North, while 35percent (nearly 47million) live in the South. Poverty levels across states vary significantly, with the incidence of multidimensional poverty ranging from a low of 27percent in Ondo to a high of 91percent in Sokoto.
“The NBS also shows that over half of the population of Nigeria are multi-dimensionally poor and cook with dung, wood or charcoal, rather than clean energy. High deprivations are also apparent nationally in sanitation, healthcare, food insecurity and housing. Half of all poor people are children.”
A bill to amend the Corrupt Practices and Other Related Offences Act 2000 has passed its second reading in the House of Representatives.
The bill, which mandates compulsory counselling and training for individuals convicted of corruption-related offences, was sponsored by Kayode Akiolu (APC-Lagos) during plenary on Wednesday.
Leading the debate, Mr Akiolu explained that the bill sought to amend Section 67 of the principal act, introducing new provisions that were not part of the original section.
“These additional provisions, found in subsections 2, 3, and 4 of the amendment bill, require judges and magistrates to not only impose imprisonment and/or fines on those convicted of corruption but also mandate a minimum four-week anti-corruption counselling and training.
“The counselling and training will be designed and delivered by the Anti-Corruption Academy of Nigeria (ACAN) and aims to address the psychological factors related to corrupt behaviour,” Mr Akiolu said.
Mr Akiolu emphasised that the training would help reform convicts by addressing their corrupt tendencies and could even transform them into advocates for anti-corruption efforts.
He added that this approach aligned with the reformative aspect of the criminal justice system, which focused on punishment and rehabilitation.
“As per subsection 4, the bill allows magistrates and judges to order convicts to cover the cost of their counselling and training, preventing additional financial burdens on the government,” the lawmaker noted.
Mr Akiolu further argued that if the bill is passed into law, it would strengthen the country’s fight against corruption.
Given the widespread negative impact of corruption, he urged the House to support the bill for the country’s benefit.
Following the debate, Speaker Tajudeen Abbas referred the bill to the relevant committee for further legislative consideration.
The Judiciary and the Media are key pillars of democracy, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has said.
Kekere-Ekun made this statement in her address at the 2024 National Conference of the National Association of Judiciary Correspondents (NAJUC).
The CJN was represented by Mr Abdulaziz Olumo, the Secretary of the National Judicial Institute (NJI).
“ The judiciary and the media occupy unique and complementary roles in any democratic society.
“ The judiciary serves as the guardian of justice, equity, and the rule of law, the media acts as the conscience of society, disseminating information, shaping public opinion, and ensuring accountability.
“ Together, these institutions provide checks and balances that strengthen the fabric of democracy,” she said.
Quoting Felix Frankfurter, a former U.S. Supreme Court Justice, she said: free press is not to be preferred to an independent judiciary, nor an independent judiciary to a free press. Neither has primacy over the other; both are indispensable to a free society.”
The CJN said this dynamic interdependence between the judiciary and the media presents opportunities and challenges alike.
“ The media is entrusted with the responsibility of informing the public about judicial activities, the judiciary relies on accurate and ethical reportage to enhance public confidence in its work.
“ However, the inherent power of the media to influence public opinion requires careful management, especially when its focus turns to judicial proceedings.
“ The question posed by Robert J.Cordy, a former Associate Justice of the Massachusetts Supreme Judicial Court, is pertinent here: “What happens when the free press turns its sights on the courts-scrutinizing, sensationalizing, and exposing the frailties of the judiciary while questioning its ethical standards and performance?”
“The media’s capacity to shape narratives and perceptions is undeniable” she said.
Quoting Jim Morrison , she said “Whoever controls the media controls the mind.”
According to her, this underscores the immense responsibility placed on journalists to report truthfully, fairly, and objectively.
“ Unfortunately, the commercialisation of news and external influences have led to the rise of sensationalism-a practice that distorts facts, erodes trust, and undermines the very essence of journalism.
“ Sensationalised headlines, such as the infamous 2016 headline “We raided the houses of ‘corrupt, unholy’ judges, says DSS,” can paint a skewed picture of the judiciary and its officers. Such reporting, often devoid of context, compromises the integrity of the justice system and misleads the public.
“ Closely tied to this is the issue of “trial by media,” where premature and often biased media narratives prejudge cases and infringe on the constitutional rights of individuals” she said.
She added that as Mahatma Gandhi rightly observed, “The sole aim of journalism should be service.” It is imperative for media practitioners to remain steadfast in their commitment to truth and objectivity.
To this end, she advised, the National Association of Judiciary Correspondents to take proactive steps to regulate the activities of its members.
“ This is not merely about enforcing rules but about fostering professionalism and safeguarding the credibility of the media.
“ The judiciary and the media must work as partners in progress.
“ To bridge the gap between these institutions, there is a pressing need for constructive engagement and mutual understanding.
“ Courts can provide the media with guidelines on judicial processes, courtroom decorum, and the nuances of court proceedings.
She noted that globally, courts have adopted initiatives to support the media’s role in reporting judicial matters.
For instance, she said the Supreme Court of Dakota’s media guide outlines protocols for courtroom reporting, while the UK ‘s Media Guidance document provides clarity on access and etiquette for journalists.
“ These examples demonstrate how structured collaboration can enhance the quality of judicial reportage.
“ In Nigeria, we can take a cue from these models by developing a comprehensive media guide tailored to our judicial landscape.
“ This initiative, which would involve inputs from NAJUC and judicial stakeholders, would not only enhance media access to courtrooms but also ensure that judicial activities are accurately and responsibly reported” she said.
She advocated that judiciary correspondents must make deliberate efforts to familiarise themselves with the rules and procedures of the courts.
She added that understanding these frameworks will enable journalists to navigate the complexities of judicial proceedings effectively and responsibly.
“ Training programs such as this conference play a crucial role in equipping judiciary correspondents with the knowledge and skills needed to report judicial matters accurately.
“ The theme of this year’s conference, “The Role of Courts in Enforcement of Judgments,” is both timely and significant, as it addresses an aspect of judicial work that is critical to upholding the rule of law and ensuring justice.
“ I commend NAJUC for its commitment to promoting accountability and transparency through its engagements with the judiciary.
“ As I conclude, I must emphasize the importance of credible journalism in strengthening public trust in the judiciary” she said.
She urged judiciary correspondents to prioritise the pursuit of truth and objectivity, resist undue influences, and remain steadfast in their commitment to ethical standards.
She commended the leadership of NAJUC, under the chairmanship of Mr Kayode Lawal, for its efforts in promoting professionalism among judiciary correspondents.
The Senate has issued an arrest warrant for the Managing Director of Julius Berger Nigeria Plc, Dr Peer Lubasch, to appear before its Committee on Works.
The Tide’s source reports that the warrant was for Lubasch to explain the utilisation of funds appropriated for the reconstruction work on Calabar-Odukpani-Itu highway.
The warrant followed the adoption of a motion sponsored by Sen. Osita Ngwu (PDP- Enugu) and co-sponsored by Sen. Asuquo Ekpenyong (APC-Cross River) and Sen. Mpigi Barinada (PDP- Rivers) at plenary in Abuja, yesterday.
Ngwu, in the motion said, that the senate had mandated the committee on works to conduct investigation into the state of road infrastructure across the country.
He said that in furtherance to the investigative hearings, Julius Berger refused to honour invitations to provide details of its role in the Calabar-Odukpani-Itu highway project, in spite of receiving substantial public funds.
He said that this was worrisome, given the alarming discrepancies in performance among contractors on the project, with specific reference to Julius Berger for failing to meet delivery timelines.
Ngwu said it was the constitutional powers of the National Assembly under Sections 8 and 89 of the 1999 Constitution, as amended, to conduct investigations on any person or organisation responsible for administering public funds.
He said that the powers set out in section 6 of the legislative powers and privileges act empowered the Senate to issue warrants of arrest on persons in contempt of its proceedings.
The Tide source reports that the senate further ruled that President of the Senate, Godswill Akpabio, should sign the warrant, mandating the Julius Berger managing director to appear on a date to be communicated.
Akpabio said that the senate’s decision was in line with its constitutional powers under Section 89 of the 1999 Constitution (as amended).
“This senate will not tolerate the continued disregard of its authority.
“The managing director of Julius Berger must appear before the relevant committee, failing which further actions will be taken as prescribed by the constitution.
“The point of order, which was supported by the majority of the senators, highlighted the importance of upholding the integrity of the legislature.
“The senate committee will submit its findings to the National Assembly after the MD’s appearance.
“If there is any further failure to comply, we shall take the necessary steps to ensure respect for the constitution and the rule of law,” Akpabio said.