Socio-Economic Rights and Accountability
Project (SERAP) has commenced committal to prison hearings against
the Federal Government, Mr. Abubakar Malami (SAN), Attorney-General
of the Federation and Minister of Justice, and Alhaji Ahmed Idris
Accountant-General of the Federation “for having neglected to obey
the order of the court made on Friday the 26th of February, 2016,
requiring them to provide SERAP with up to date information on the
spending of recovered stolen funds since the return of democracy in
1999.”
The information ordered to be released
by Justice Muhammed Idris of the Federal High Court Lagos include
specific details on the total amount of recovered stolen public
assets by governments since 1999; the amount that has been spent
from the recovered stolen public assets and the objects of such
spending; as well as details and location of specific projects on
which recovered stolen public assets were spent.
The Form 49 “notice to show cause why
order of committal should not be made” was filed at the Federal
High Court, Lagos last week by SERAP executive director Adetokunbo
Mumui “following the service on Mr Malami and Alhaji Idris of Form
48 contempt suit, and the certified true copy of the judgment.”
Mumuni said, “Despite the service of
both form 48 and the certified true copy of the judgment on both
the Attorney General of the Federation and the Accountant-General
of the Federation they have failed and/or neglected to acknowledge
the judgment let alone obey it.”
“It has become painfully clear since the
judgment was delivered that this government has no plan to enforce
it. It’s dismaying that a government, which builds its reputation
on combating grand corruption has not embraced the enormous
opportunities the judgment provides to open the book on what
exactly happened to recovered loot.”
“It’s absolutely unacceptable to take
the court, which is the guardian of justice in this country, for a
ride. A democratic state based on the rule of law cannot exist or
function, if the government ignores and/or fails to abide by Court
orders,” Mumuni said.
The 69-page judgment in suit no:
FHC/IKJ/CS/248/2011 signed by Honourable Justice Mohammed Idris
reads in part: “Transparency in the decision-making process and
access to information upon which decisions have been made can
enhance accountability.”
“Obedience to the rule of law by all
citizens but more particularly those who publicly took oath of
office to protect and preserve the Constitution is a desideratum to
good governance and respect for the rule of law. In a
constitutional democracy like ours, this is meant to be the
norm.”
“In respect of the SERAP reliefs on
recovered stolen funds since return of democracy in 1999, the
government had kept mute. Let me say that they have no such power
under the law.”
“There is public interest in public
authorities and high-profile individuals being accountable for the
quality of their decision making. Ensuring that decisions have been
made on the basis of quality legal advice is part of
accountability.”
“I am of the view and do hold that the
action should and does succeed in whole. Documents relating to the
receipt or expenditure on recovered stolen funds since return of
democracy in 1999 constitute part of the information which a public
institution and authority is obligated to publish, disseminate and
make available to members of the public. The government has no
legally justifiable reason for refusing to provide SERAP with the
information requested, and therefore, this Court ought to compel
the government to comply with the Freedom of Information Act, as
the government is not above the law.”
“Judgment is hereby entered judgment in
favour of SERAP against the Federal Government as follows:
A DECLARATION is hereby made that the
failure and/or refusal of the Respondents to individually and/or
collectively disclose detailed information about the spending of
recovered stolen public funds since the return of civil rule in
1999, and to publish widely such information, including on a
dedicated website, amounts to a breach of the fundamental
principles of transparency and accountability and violates Articles
9, 21 and 22 of the African Charter on Human and Peoples’ Rights
(Ratification and Enforcement) Act
A DECLARATION is hereby made that by
virtue of the provisions of Section 4 (a) of the Freedom of
Information Act 2011, the 1st Defendant/Respondent is under a
binding legal obligation to provide the Plaintiff/Applicant with up
to date information on the spending of recovered stolen funds,
including:
(a) Detailed information on the total
amount of recovered stolen public assets that have so far been
recovered by Nigeria
(b) The amount that has been spent from
the recovered stolen public assets and the objects of such
spending
(c) Details of projects on which
recovered stolen public assets were spent
AN ORDER OF MANDAMUS is made directing
and or compelling the Defendants/Respondents to provide the
Plaintiff/Applicant with up to date information on recovered stolen
funds since the return of civilian rule in 1999, including:
(a) Detailed information on the total
amount of recovered stolen public assets that have so far been
recovered by Nigeria
stolen public assets and the objects of such spending
(c) Details of projects on which
recovered stolen public assets were spent
It would be recalled that SERAP had on
28 March 2016 sent a copy of the certified true copy of the
judgment to Mr Malami and Alhaji Idris urging them to use their
“good offices and leadership to ensure and facilitate full,
effective and timely enforcement and implementation of the
judgment.”
SERAP letter reads in part “Given the
relative newness of the Buhari government, the effective
enforcement and implementation of the judgment will invariably
involve setting up a mechanism by the government to invite the
leadership and high-ranking officials of the governments of former
President Olusegun Obasanjo, former President Umaru Musa Yar’Adua,
and former President Goodluck Jonathan to explain, clarify and
provide evidence on the amounts of stolen funds recovered by their
respective governments (from abroad and within Nigeria), and the
projects (including their locations) on which the funds were
spent.”
“SERAP therefore believes that the swift
enforcement and implementation of this landmark judgment by the
government of President Muhammadu Buhari will be litmus test for
the President’s oft-repeated commitments to transparency,
accountability and the fight against corruption, and for the
effectiveness of the Freedom of Information Act in general.”
The organisation said that, “The
enforcement and implementation of the judgment should not be
delayed as to do this is to continue to frustrate the victims of
corruption in the country since the return of democracy in 1999,
and will threaten to undermine the authority of our judicial
system.”
The post Recovered Loot – Malami, Idris Risk Jail As Serap
Starts Committal Hearings appeared first from online sources and was reposted by the community on Welcome to 9jalegal
– Nigeria’s Leading Legal Information and Services Portal.
No related posts.
Socio-Economic Rights and Accountability
Project (SERAP) has commenced committal to prison hearings against
the Federal Government, Mr. Abubakar Malami (SAN), Attorney-General
of the Federation and Minister of Justice, and Alhaji Ahmed Idris
Accountant-General of the Federation “for having neglected to obey
the order of the court made on Friday the 26th of February, 2016,
requiring them to provide SERAP with up to date information on the
spending of recovered stolen funds since the return of democracy in
1999.”
The information ordered to be released
by Justice Muhammed Idris of the Federal High Court Lagos include
specific details on the total amount of recovered stolen public
assets by governments since 1999; the amount that has been spent
from the recovered stolen public assets and the objects of such
spending; as well as details and location of specific projects on
which recovered stolen public assets were spent.
The Form 49 “notice to show cause why
order of committal should not be made” was filed at the Federal
High Court, Lagos last week by SERAP executive director Adetokunbo
Mumui “following the service on Mr Malami and Alhaji Idris of Form
48 contempt suit, and the certified true copy of the judgment.”
Mumuni said, “Despite the service of
both form 48 and the certified true copy of the judgment on both
the Attorney General of the Federation and the Accountant-General
of the Federation they have failed and/or neglected to acknowledge
the judgment let alone obey it.”
“It has become painfully clear since the
judgment was delivered that this government has no plan to enforce
it. It’s dismaying that a government, which builds its reputation
on combating grand corruption has not embraced the enormous
opportunities the judgment provides to open the book on what
exactly happened to recovered loot.”
“It’s absolutely unacceptable to take
the court, which is the guardian of justice in this country, for a
ride. A democratic state based on the rule of law cannot exist or
function, if the government ignores and/or fails to abide by Court
orders,” Mumuni said.
The 69-page judgment in suit no:
FHC/IKJ/CS/248/2011 signed by Honourable Justice Mohammed Idris
reads in part: “Transparency in the decision-making process and
access to information upon which decisions have been made can
enhance accountability.”
“Obedience to the rule of law by all
citizens but more particularly those who publicly took oath of
office to protect and preserve the Constitution is a desideratum to
good governance and respect for the rule of law. In a
constitutional democracy like ours, this is meant to be the
norm.”
“In respect of the SERAP reliefs on
recovered stolen funds since return of democracy in 1999, the
government had kept mute. Let me say that they have no such power
under the law.”
“There is public interest in public
authorities and high-profile individuals being accountable for the
quality of their decision making. Ensuring that decisions have been
made on the basis of quality legal advice is part of
accountability.”
“I am of the view and do hold that the
action should and does succeed in whole. Documents relating to the
receipt or expenditure on recovered stolen funds since return of
democracy in 1999 constitute part of the information which a public
institution and authority is obligated to publish, disseminate and
make available to members of the public. The government has no
legally justifiable reason for refusing to provide SERAP with the
information requested, and therefore, this Court ought to compel
the government to comply with the Freedom of Information Act, as
the government is not above the law.”
“Judgment is hereby entered judgment in
favour of SERAP against the Federal Government as follows:
A DECLARATION is hereby made that the
failure and/or refusal of the Respondents to individually and/or
collectively disclose detailed information about the spending of
recovered stolen public funds since the return of civil rule in
1999, and to publish widely such information, including on a
dedicated website, amounts to a breach of the fundamental
principles of transparency and accountability and violates Articles
9, 21 and 22 of the African Charter on Human and Peoples’ Rights
(Ratification and Enforcement) Act
A DECLARATION is hereby made that by
virtue of the provisions of Section 4 (a) of the Freedom of
Information Act 2011, the 1st Defendant/Respondent is under a
binding legal obligation to provide the Plaintiff/Applicant with up
to date information on the spending of recovered stolen funds,
including:
(a) Detailed information on the total
amount of recovered stolen public assets that have so far been
recovered by Nigeria
(b) The amount that has been spent from
the recovered stolen public assets and the objects of such
spending
(c) Details of projects on which
recovered stolen public assets were spent
AN ORDER OF MANDAMUS is made directing
and or compelling the Defendants/Respondents to provide the
Plaintiff/Applicant with up to date information on recovered stolen
funds since the return of civilian rule in 1999, including:
(a) Detailed information on the total
amount of recovered stolen public assets that have so far been
recovered by Nigeria
stolen public assets and the objects of such spending
(c) Details of projects on which
recovered stolen public assets were spent
It would be recalled that SERAP had on
28 March 2016 sent a copy of the certified true copy of the
judgment to Mr Malami and Alhaji Idris urging them to use their
“good offices and leadership to ensure and facilitate full,
effective and timely enforcement and implementation of the
judgment.”
SERAP letter reads in part “Given the
relative newness of the Buhari government, the effective
enforcement and implementation of the judgment will invariably
involve setting up a mechanism by the government to invite the
leadership and high-ranking officials of the governments of former
President Olusegun Obasanjo, former President Umaru Musa Yar’Adua,
and former President Goodluck Jonathan to explain, clarify and
provide evidence on the amounts of stolen funds recovered by their
respective governments (from abroad and within Nigeria), and the
projects (including their locations) on which the funds were
spent.”
“SERAP therefore believes that the swift
enforcement and implementation of this landmark judgment by the
government of President Muhammadu Buhari will be litmus test for
the President’s oft-repeated commitments to transparency,
accountability and the fight against corruption, and for the
effectiveness of the Freedom of Information Act in general.”
The organisation said that, “The
enforcement and implementation of the judgment should not be
delayed as to do this is to continue to frustrate the victims of
corruption in the country since the return of democracy in 1999,
and will threaten to undermine the authority of our judicial
system.”
The post Recovered Loot – Malami, Idris Risk Jail As Serap
Starts Committal Hearings appeared first from online sources and was reposted by the community on Welcome to 9jalegal
– Nigeria’s Leading Legal Information and Services Portal.
No related posts.