SERAP asks court to compel Buhari to investigate Ganduje over alleged bribery

Socio-Economic Rights and Accountability Project (SERAP) has
sued President Muhammadu Buhari over “failure to direct the
Attorney General of the Federation and Minister of Justice Abubakar
Malami, SAN, and/or appropriate anti-corruption agencies to
investigate allegations of bribery against Governor Abdullahi
Ganduje of Kano State, as contained in the widely circulated video
clips allegedly showing Mr Ganduje receiving bribe.”

SERAP had in November asked the president to direct the
investigation of Mr Ganduje, stating that, “if there is relevant
and sufficient admissible evidence, for him to face prosecution at
the expiration of his tenure as governor.” The organization also
sought protection for the journalist Jaafar Jaafar, who reportedly
published the video clips.

However, SERAP said since the receipt of its letter and to date,
President Buhari has failed to grant its requests. Also, a Kano
State high court last week stopped the Kano State House of Assembly
from investigating the $5 million bribery allegation against Mr
Ganduje.

Consequently, in the suit number FHC/L/CS/2055/18 filed last
Friday at the Federal High Court, Ikoyi, Lagos, SERAP is seeking
“an order for leave to apply for judicial review and an order of
mandamus directing and/or compelling Mr Buhari to immediately
direct the investigation of allegations of bribery against Mr
Ganduje.”

SERAP said: “The Applicant’s requests are not onerous but simply
based on issues of public interest, good governance, transparency
and accountability. It is in the interest of justice to grant this
application, as the Respondent has nothing to lose if the
application is granted.”

The suit is also seeking an order to compel Mr Buhari to
“instruct appropriate security and law enforcement agencies to
ensure the protection and guarantee the safety and security of
journalist Jaafar Jaafar.”

The suit filed on behalf of SERAP by its counsel, Ms. Bamisope
Adeyanju read in part: “Investigating allegations of bribery
against Mr Ganduje would be entirely consistent with the provisions
of section 15 subsection (5) of the 1999 Constitution, which
requires the government of the Respondent to abolish all corrupt
practices and abuse of power, regardless of the state where such
practices are taking place. The Constitution defines ‘government’
to include federal, state and local governments.”

“Growing allegations of corruption against many state governors
have not been investigated and several of the governors involved
are getting away with their alleged crimes. Granting the reliefs
sought would assist the Respondent to succeed in his fight against
corruption and help to combat corruption among many state
governors, who continue to allegedly mismanage their states’
resources with almost absolute impunity.”

“The Attorney-General of the Federation has power conferred on
him by section 174(1)(a) of the 1999 Constitution (as amended) and
anticorruption agencies have the powers to act on the allegations
of bribery against Mr Ganduje for the sake of discharging their
mandates, ensuring transparency and accountability, promoting the
common good, peace, order and good government of the federation
(which includes Kano State).”

“Under the provisions of section 5(1)(b) of the Constitution of
Nigeria,1999, the Executive powers of the Federation extends to the
execution and maintanance of the Constitution which is the
grundnorm and all laws made by the National Assembly, including the
provisions of the Corrupt Practices and Other Related Offences Act,
which SERAP is requesting the Respondent to effectively
implement.”

“Under Section 61(2) of the Corrupt Practices and Other Related
Offences (ICPC) Act, a law of general application throughout the
country, public officers accused of bribery may be prosecuted by
the appropriate authority for such an offence.”

“Although primarily a matter of concern for Kano State, the
allegations of bribery against Mr Ganduje have assumed such a
proportion as to become a matter of concern to the federation as a
whole, and therefore, to the government of the Respondent.”

“Vigorously seeking to enforce anticorruption legislation and
the United Nations Convention against Corruption to which Nigeria
is a state party regarding alleged corrupt state governors, will
show that the Respondent is concerned with the overall well-being
of the federation and willing and able to enforce important
constitutional principles.”

“Given the history of corruption in Nigeria, especially
unresolved allegations of grand corruption against many state
governors, the government of the Respondent cannot and should not
look the other way regarding the allegations against Mr Ganduje.
Any allegations of bribery and abuse of power in any state of
Nigeria is of concern to every Nigerian, and should therefore, be
of concern to the government of the Respondent.”

“It is important to reiterate that a sitting governor can be
investigated under Nigerian laws. Any criminal allegation against a
sitting governor can and should be investigated pending the time
the governor leaves office and loses immunity.”

“SERAP has sufficient legal interest in monitoring the way and
manner public funds are being utilized in Nigeria, hence our
request for the Respondent to perform his public duty.”

“The Respondent has failed, neglected and refused to instruct
the Attorney General of the Federation and/or anti-corruption
agencies to investigate Mr Ganduje over the alleged bribery. Given
his anticorruption commitments, the Respondent ought to have acted
on SERAP’s requests to improve transparency and accountability
among state governors.”

“As the Supreme Court of Nigeria stated in Ugwu v. Ararume
(2007) 31 WRN 1 at 42: ‘If we want to instill sanity into our human
affairs, if we want to entrench unpolluted democracy in our body
polity, the naked truth must permeate through the blood, nerve and
brain of each and every one of us. Although credit may not always
have its rightful place in politics, we should try to blend the two
so as to attain a fair, just and egalitarian society where no one
is oppressed. Let us call a spade a spade!”

No date has been fixed for the hearing of the suit.

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