Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over “the failure to direct the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, SAN to work with appropriate anti-corruption agencies to probe allegations that over N57 billion of public funds are missing, diverted or stolen from the Federal Ministry of Humanitarian Affairs and Poverty Alleviation in 2021 alone.”
The damning allegations are documented in the 2021 audited report released last month by the Office of the Auditor-General of the Federation.
The Respondent is Mr Fagbemi, who joined the suit.
In the suit number FHC/L/MISC/876/2024 filed last Friday at the Federal High Court, Lagos, SERAP is asking the court “to compel President Tinubu to direct Mr Fagbemi to work with appropriate anti-corruption agencies to promptly probe allegations that over N57 billion of public funds are missing, diverted or stolen from the Federal Ministry of Humanitarian Affairs and Poverty Alleviation in 2021.”
SERAP is also asking the court “to compel President Tinubu to direct Mr Fagbemi to work with appropriate anticorruption agencies to prosecute anyone suspected to be responsible for the missing N57 billion, if there is sufficient admissible evidence, and to recover any missing public funds.”
In the suit, SERAP argues that “Investigating the allegations and prosecuting those suspected to be responsible for the missing N57 billion and recovering the missing funds would end the impunity of perpetrators.”
SERAP also argues that ” the allegations amount to stealing from the poor. There is a legitimate public interest in ensuring justice and accountability for these grave allegations.”
According to SERAP, “Poor Nigerians have continued to pay the price for the widespread and grand corruption in the Federal Ministry of Humanitarian Affairs and Poverty Alleviations and other ministries, departments and agencies [MDAs].”
SERAP is also arguing 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.”
SERAP said, “The allegations also suggest a grave violation of the public trust, the Nigerian Constitution 1999 (as amended), the country’s anticorruption legislation and international anticorruption obligations.”
The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Ms Oluwakemi Agunbiade, read in part: “Granting the reliefs sought would go a long way in addressing corruption in ministries, departments and agencies [MDAs] and the country’s budget deficit and debt problems.”
“The damning revelations are documented in the 2021 audited report released recently by the Office of the Auditor-General of the Federation. Hundreds of billions of naira are also reportedly missing in other MDAs.”
“According to the 2021 annual audited report by the Office of the Auditor-General of the Federation, the Federal Ministry of Humanitarian Affairs and Poverty Alleviation, [the Ministry] in 2021 failed to account for over N54 billion [N54,630,000,000.00] meant to pay monthly stipends to Batch C1 N-Power volunteers and non-graduate trainees between August and December 2021.”
“The money was ‘not directly paid to the beneficiaries.’”
“The Auditor-General is concerned that the money ‘may have been diverted.’ He wants the money recovered and remitted to the treasury. He also wants suspected perpetrators of the diversion to be sanctioned in line with the Financial Regulations.”
“The Ministry also reportedly failed to account for over N2.6 billion [N2,617,090,786.00] of public funds meant for the ‘home grown school feeding programme during Covid-19’, as ‘the programme was never executed.’”
“The money was allegedly paid to five contractors to ‘procure, package and distribute Covid-19 palliatives to Kano, Zamfara and Abia states,’” but without any trace.
“The Auditor-General fears the money ‘may have been diverted.’ He wants the money recovered and remitted to the treasury.”
“The Ministry also reportedly spent over N78 million [N78,373,909.74] to ‘carry out a survey on the Ministry’s Covid-19 response to states and vulnerable groups’ but without any approval or document.”
“The Auditor-General fears the money may be missing or have ended up in the pockets of ‘incompetent contractors’. He wants the money recovered and remitted to the treasury.”
“The Ministry also reportedly failed to account for N39.5 million [M39,500,000.00] ‘personal donations to different personalities’. The money ‘was paid directly to the minister as reimbursement’.”
“The Auditor-General fears the ‘money may have been diverted’, resulting in ‘the loss of public funds.’ He wants the money recovered and remitted to the treasury.”
“The Ministry also reportedly failed to account for N400 million [N400,000,000.00] meant to pay ‘stipends to 4450 independent monitors for October, November and December 2021.’”
“The Auditor-General fears the money ‘may have been diverted’. He wants the money recovered and remitted to the treasury.”
“The Ministry also reportedly paid over N287 million [287,628,300.00] contractors ‘without any document and justification.’ The Auditor-General fears the money ‘may have been diverted’ and wants the money recovered and remitted to the treasury.”
“These allegations by the Auditor-General are different from the allegedly missing or unaccounted for N729 billion, which is the subject-matter of the judgment by Justice Deinde Dipeolu.”
“Investigating these allegations and prosecuting suspected perpetrators would advance the right of Nigerians to restitution, compensation and guarantee of non-repetition.”
“The allegations illustrate cases of widespread and systemic corruption in MDAs, documented by the Office of the Auditor-General of the Federation, including in the 2021 audited report and previous reports.”
“Section 13 of the Nigerian Constitution imposes clear responsibility on the government to conform to, observe and apply the provisions of Chapter 2 of the constitution.”
“Section 15(5) imposes the responsibility on the government to abolish all corrupt practices and abuse of power.”
“Under Section 16(1) of the Constitution, the 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 the 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 the 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.”
No date has been fixed for the hearing of the suit.
