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Tag: SERAP

  • Hearing on DSS ₦5bn defamation case against SERAP begins

    Hearing on DSS ₦5bn defamation case against SERAP begins

    ABUJA: A High Court of the Federal Capital Territory on Friday began hearing the case of defamation instituted by two operatives of the Department of State Services (DSS) against the Socio-Economic Rights and Accountability Project (SERAP).

    The officers instituted the case last September following SERAP’s refusal to apologise to the DSS after accusing operatives of the secret police of invading its Abuja office.

    Miffed by the action of the civil society organisation, the DSS officers, Sarah John and Gabriel Ogundele, filed the defamation lawsuit in October 2024, seeking ₦5 billion in damages from SERAP.

    In addition to the remedy sought by the officers for what they called reputational harm, the two officers also demanded that SERAP should publish an apology on its website, national dailies and television stations.
    The duo also demanded the payment of N50 million for legal costs and 10 per cent annual interest on the N5 billion until payment is completed.

    At the resumed hearing, the court advised the defence (SERAP) to go through all the six documents tendered by the plaintiffs.
    The judge stressed that all objections would be part of the final written address.
    The hearing kicked off with the cross-examination of the first claimant, John, referred to as PW1 (plaintiff witness 1) by the counsel to the first and second defendants.

    SERAP was represented in court by Divine Oguru, while its deputy director was represented by Oluwatosin Adesoye, who apologised for the absence of his client.
    Akinolu Kehinde, a Senior Advocate of Nigeria, who represented the plaintiffs, said he was fully prepared for the hearing.
    The defence counsel cross-examined the DSS operative John on events surrounding the alleged invasion of SERAP’s office last year.

    Both counsels pushed the argument that the claimants’ names were not mentioned by SERAP hence not justified in the claims before the court.
    But John stated that SERAP’s allegations negatively impacted her reputation, that of her colleague, as well as all personnel of the DSS.

    After a session that lasted about an hour, the judge adjourned to May 8, 2025, for continuation.

  • Probe ‘missing N26bn in Ministry of Petroleum Resources, PTDF’, SERAP tells Tinubu

    Probe ‘missing N26bn in Ministry of Petroleum Resources, PTDF’, SERAP tells Tinubu

    Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu “to direct the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, SAN, and appropriate anti-corruption agencies to promptly probe allegations that over N26 billion of public funds are missing, diverted or stolen from the Petroleum Technology Development Fund (PTDF) and the Federal Ministry of Petroleum Resources in 2021.”

    These damning revelations are documented in the 2021 audited report published on Wednesday 13 November 2024 by the Office of the Auditor-General of the Federation.

    SERAP said, “Anyone suspected to be responsible should face prosecution as appropriate, if there is sufficient admissible evidence, and any missing public funds should be fully recovered and remitted to the treasury.”

    SERAP urged him to “use any recovered stolen funds to fund the deficit in the 2025 budget and to ease Nigeria’s crippling debt crisis.”

    In the letter dated 1 February 2025 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “There is a legitimate public interest in ensuring justice and accountability for these grave allegations. Tackling corruption in the oil sector would go a long way in addressing the budget deficit and debt problems.”

    According to SERAP, “The allegations suggest a grave violation of the public trust, the Nigerian Constitution 1999 (as amended), the country’s anticorruption legislation and international anticorruption obligations.”

    The letter, read in part: “Poor Nigerians have continued to pay the price for the widespread and grand corruption in the oil sector.”

    “Despite the country’s enormous oil wealth, ordinary Nigerians have derived very little benefit from oil money primarily because of widespread grand corruption, and the entrenched culture of impunity of perpetrators.”

    “According to the 2021 annual audited report by the Auditor-General of the Federation, the Petroleum Technology Development Fund (PTDF) in 2021 reportedly paid over N25 billion [N25,607,890,403.11] for ‘contracts without any supporting documents.’”

    “The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered and remitted to the treasury.”

    “The PTDF also reportedly failed to account for over N326 million [N326,065,638.00] deposited in two banks. The Auditor-General fears the money may be missing and wants it recovered and remitted to the treasury.”

    “The PTDF reportedly failed to account for over N107 million [N107,691,733.93] being money for ‘the supply, installation, and commissioning of Library automation system and RFID at the Petroleum Training Institute (PTI).’”

    “The contract for the library ‘was awarded without the prior approval from the National Information Technology Development Agency (NITDA). The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered and remitted to the treasury.”

    “The PTDF reportedly paid over N46 million [N46,974,216.43] to ‘three companies for services without evidence of execution.’  ‘One of the contractors was engaged on 13th April 2021 but was paid for services rendered in March 2021. All the three contractors were paid for periods they had not rendered the services to the PTDF.’”

    “The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered and remitted to the treasury.”

    “The PTDF also reportedly failed to remit over N60 million [N60,355,670.03] of ‘stamp duty from the capital expenditure contracts awarded in 2019 and 2020.’ The PTDF ‘provided no reason why the money was not remitted.’”

    “The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered and remitted to the treasury.”

    “The PTDF also reportedly failed to account for over N64 million [N64,088,158.44] ‘being payment for store items not supplied.” The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered and remitted to the treasury.”

    “The PTDF also reportedly paid over N41 million [N41,367,493.50] ‘for services not yet performed or goods not yet supplied.’ The payments were made ‘without relevant supporting documents such as invoices, receipts.’”

    “The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered and remitted to the treasury.”

    “The Federal Ministry of Petroleum Resources reportedly spent over N137 million [N137,751,789.85] ‘from the Capital Vote for expenditures which were recurrent in nature without any approval by the National Assembly and the Minister of Finance.’”

    “The Auditor-General fears the money may be missing. He wants the money recovered and remitted to the treasury. He also wants sanctions applied ‘for gross misconduct specified in paragraph 3129 of the Financial Regulations 2009.’”

    “The Ministry reportedly failed to account for over N232 million [N232,509,238.21] ‘being payments to seven companies for consultancy services for stakeholders’ engagement in the Niger Delta in January 2021.’”

    “According to the Auditor-General, ‘the type of engagements and the reasons for contracting the seven companies were not stated. The venue of the engagement remains unknown. This spending of public funds appeared fictitious.’”

    “The Auditor-General fears “the money may have been diverted.’ He wants the money recovered and remitted to the treasury.”

    “The Ministry also reportedly failed to remit over N25 million [N25,516,938.00] of ‘taxes collected from payments of N137,929,394.58] made to contractors.’ The Auditor-General fears ‘the money may have been diverted.’ He wants the money recovered and remitted to the treasury.”

    “The Ministry also reportedly failed to account for over N43 million [N43,533,036.65] ‘being irregular payments for the replacement of broken ceiling.’ The Auditor-General fears “the money may have been diverted.’ He wants the money recovered and remitted to the treasury.”

    “The Ministry failed to account for over N74 million [N74,721,625.03] ‘being payments made as cash advances granted to officers between March and December 2021 without retirement.’ The Auditor-General fears ‘the money may have been diverted’, and wants it recovered and remitted to the treasury.”

    “We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest.”

    “The country’s wealth ought to be used solely for the benefit of the Nigerian people, and for the sake of the present and future generations.”

    “These allegations can promptly be investigated and fairly prosecuted. Taking these steps would advance the right of Nigerians to restitution, compensation and guarantee of non-repetition.”

    “Section 13 of the Nigerian Constitution imposes clear responsibility on your government to conform to, observe and apply the provisions of Chapter 2 of the constitution.”

    “Section 15(5) imposes the responsibility on your government to abolish all corrupt practices and abuse of power.”

    “Under Section 16(1) of the Constitution, your government has a responsibility to ‘secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.’

    “Section 16(2) further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’”

    “The UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption to which Nigeria is a state party obligate your government to effectively prevent and investigate the plundering of the country’s wealth and hold public officials to account for any violations.”

    “Specifically, article 26 of the UN convention requires your government to ensure ‘effective, proportionate and dissuasive sanctions’ including criminal and non-criminal sanctions, in cases of grand corruption.”

    “Article 26 complements the more general requirement of article 30, paragraph 1, that sanctions must take into account the gravity of the corruption allegations.”

  • Court dismisses SERAP’s suit against NASS budget

    Court dismisses SERAP’s suit against NASS budget

    A Federal High Court in Abuja has dismissed a suit by the Incorporated Trustees of the Socio-Economic Rights and Accountability Project, SERAP, challenging the powers of the National Assembly to amend its budget in the 2024 Appropriation Act.

    Justice James Omotosho ruled, among others, that SERAP lacked the locus standi to institute the suit.

    The judge upheld the argument of Dr. Sheriff Adesanya, who represented the 1st Respondent (the Senate President), that the interest of SERAP and that of the 20 concerned citizens it represented, was no greater than that of the general public.

    Furthermore, Justice Omotosho agreed with Dr. Adesanya (of Abiodun Adesanya & Co) that the plaintiff’s claims were without merit.

    He dismissed the case in its entirety.

    SERAP, through Andrew Nwankwo of Eko Akete Chambers, had contended that the National Assembly’s unilateral increase of its budget allocation from ?197 billion to ?344 billion contravened Section 81 of the Constitution, the Code of Conduct for Public Officers, and democratic principles, particularly the separation of powers.

    The organization sought a declaration that the budgetary increase was unconstitutional and requested orders compelling the National Assembly to adhere to constitutional procedures by re-presenting any amended appropriation bills to the President for approval before enactment.
    But the lawmakers opposed SERAP’s argument.

    Apart from arguing that the Plaintiffs had no standing to initiate the suit, Dr. Adesanya also defended the procedural validity of the National Assembly’s budgetary actions, Saying SERAP failed to show that the lawmakers’ action was procedurally irregular.

    The lawyer had told the court that “It is respectfully submitted that the presumption of regularity enjoyed by the National Assembly’s Act must be rebutted by the Plaintiffs.

    “Apart from speculative claims by the Plaintiffs that the altered appropriation bill was not forwarded to the President after amendment by the National Assembly, there is no evidence (assuming such alteration necessitated representation to the President) to support this assertion.”