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SERAP Gives Buhari Seven Days To Publish Spending On Security Vote
The Socio-Economic Rights and Accountability Project (SERAP) has sent Freedom of Information requests to President Muhammadu Buhari and the 36 state governors in Nigeria requesting them to use their “good offices and leadership positions to urgently provide information on specific details of spending of appropriated public funds as security votes between 2011 and 2019.”
In the separate requests sent to Buhari and the governors, SERAP said: “Given the current security realities in the country, we need the information to determine if public funds meant to provide security and ensure respect and protection of the rights to life, physical integrity, and liberty of Nigerians have been spent for this purpose. Our request is limited to details of visible, specific security measures and projects executed, and does not include spending on intelligence operations.”
In the FOI requests dated April 12, 2019, and signed by SERAP Deputy Director, Kolawole Oluwadare, the organization said: “’Section 14(2)(b) of the 1999 Nigerian Constitution (as amended) provides that the security and welfare of the people shall be the primary purpose of government.’ It is the security of the citizens that is intended and not the security of select individuals in public office. SERAP believes that transparency and accountability in the spending of security votes are critically important to fully implement this responsibility imposed on both the federal and state governments.”
SERAP said: “We are concerned that rather than serving the citizens, the appropriation of public funds as security votes over the years would seem to serve high-ranking government officials at all levels—federal and states. We are also concerned that the practice of security votes entrusts discretionary powers to spend huge public funds on certain elected public officials who may not have any idea of operational issues on security matters.”
The requests read in part: “SERAP urges you to open-up on the matter and provide information and documents as requested. This will be one step in the right direction. Unless the information is urgently provided, Nigerians would continue to see the appropriation of public funds as security votes and the institutionalization of this cash in ‘Ghana Must Go Bags’ practice as a tool for self-enrichment.
“We would be grateful if the requested information is provided to us within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, the Registered Trustees of SERAP shall take all appropriate legal action under the Freedom of Information Act to compel you to comply with our request.
“The most general purpose of state power is to provide security for citizens and other residents and to enable them lead a life that is meaningful to them. However, the growing level of insecurity, violence, kidnappings and killings in Zamfara State and other parts of Nigeria suggest that successive governments—at both federal and state levels—have been unwilling or unable to satisfactorily implement this fundamental constitutional commitment.
“SERAP believes that there is a strong link between corruption and insecurity, violence, kidnappings and killings in several parts of the country. Available evidence would seem to suggest that many of the tiers of government in Nigeria have used security votes as a conduit for grand corruption rather than spending the funds to improve and enhance national security and ensure full protection of Nigerians’ rights to life, physical integrity, and liberty. In fact, former governor of Kano State, Senator Musa Kwankwaso once described security votes as ‘another way of stealing public funds’.
“The huge financial resources budgeted for ‘security votes’ by successive governments—at both federal and state levels–have not matched the security realities, especially given the level of insecurity, violence, kidnappings and killings in many parts of the country. The current security realities in the country would seem to suggest massive political use, mismanagement or stealing of security votes by many governments.
“SERAP believes that the federal and state governments ought to push for transparency and accountability in the spending of security votes both at the federal and state levels, if any such funds are to be properly spent to promote and ensure sustainable peace and security for the people of Nigeria.
“SERAP believes that by providing the information, your government would help put an end to any insinuation that security votes are spent on political activities, mismanaged or stolen. This would in turn contribute to better opportunities for citizens to assess the level of spending and commitment of successive governments to ensuring the security of lives and property of the people.
“Democratic societies function best with a high level of trust. Corruption, opacity and lack of accountability undermine that trust, and thus undermine the very foundation of democracies.
“We note that the obligation to provide security and protect people’s rights to life, physical integrity, and liberty ought to be a shared responsibility of the federal and state governments, and not just for the Federal Government, as state governors also appropriate huge public funds each year as security votes. Many governors reportedly hide the security votes in their budgets as the funds are not expressly stated in their appropriation acts.
“By Sections 2(3)(d)(V) & (4) of the FOI Act, there is a binding legal duty to ensure that details of spending on specific security measures and projects are widely disseminated and made readily available to members of the public through various means, including on a dedicated website. The information being requested does not come within the purview of the types of information exempted from disclosure by the provisions of the FOI Act.
“As revealed by a 2018 report by Transparency International (TI), most of the funds appropriated as security votes are spent on political activities, mismanaged or simply stolen. It is estimated that security votes add up to over N241.2billion every year. On top of appropriated security votes, governments also receive millions of dollars yearly as international security assistance.
“According to TI, security vote spending exceeds 70 per cent of the annual budget of the Nigeria Police Force, more than the Nigerian Army’s annual budget, and more than the Nigerian Navy and Nigerian Air Force’s annual budget combined.”
SERAP, therefore, urged Buhari and the governors to: “Disclose, including by publishing on a dedicated website, details of spending of public funds appropriated as security votes between 2011 to date, and specific security measures and projects on which such funds have been spent.
“Urgently put in place concrete measures to end the patently unconstitutional, illegal and widespread appropriation of public funds as security votes,” it added.
SERAP further asked for the establishment of, “Joint Security Trust Funds between the Federal Government and the 36 state governments with strong legal framework, oversight and auditing mechanisms, as a permanent replacement for the illegal and unconstitutional appropriation of public funds as security votes.”
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.