Probe governors, council chairs for ‘pocketing’ LGA allocations, SERAP tells Buhari

Socio-Economic Rights and Accountability Project (SERAP) has
sent an open letter to President Muhammadu Buhari urging him to
“direct the Attorney General of the Federation and Minister of
Justice Mr Abubakar Malami, SAN, and/or appropriate anti-corruption
agencies to urgently investigate corruption allegations in the use
of the monthly federal allocations to the 774 local governments in
the country through the 36 state governors and the Federal Capital
Territory.”

SERAP also sought investigations into “the alleged complicity of
state governors in corruption cases involving local government
allocations between 1999 and 2019, and if there is relevant and
sufficient admissible evidence, for suspected perpetrators to be
prosecuted by anti-corruption agencies and any stolen public funds
recovered and used to provide public goods and services.”

SERAP’s letter followed the reported arrest last week by the
Economic and Financial Crimes Commission (EFCC) of 16 local
government chairmen in Kwara state, who were suspended by Governor
AbdulRahman AbdulRazaq. They allegedly misappropriated N4 billion
loan meant for paying teachers’ salaries and local government
pensioners.

In the letter dated 1 November 2019 and signed by SERAP deputy
director Kolawole Oluwadare, the organization said: “Investigating
state governors and local government chairmen over allegations of
corruption and abuse of power in the use of federal allocations
meant to provide public goods and services would best serve the
general public interests and welfare.”

SERAP said: “We request that you take the recommended action
within 14 days of the receipt and/or publication of this letter,
failing which SERAP will institute legal proceedings to compel your
government to act in the public interest.”

SERAP also said: “Our request is based on the 1999 Constitution
of Nigeria (as amended), the country’s anti-corruption legislation
and international obligations, particularly the UN Convention
against Corruption. Section 7(6)(a) of the constitution anticipates
allocation of public revenue to the 774 local governments in the
country. The proposed investigations and prosecution do not offend
the constitutional principles of federation in any way, shape or
form.”

SERAP also said: “Your government is empowered to use the
provisions of the constitution, anti-corruption legislation and
international standards to check cases of corruption and abuse of
power nationwide, including by state and local governments. This
position is entirely consistent with the doctrine of covering the
field, as it vindicates the true practice of federalism.”

The letter copied to Mr Malami, Professor Bolaji Owasanoye,
Chairman, Independent Corrupt Practices and Other Related Offences
Commission and Mr Ibrahim Magu, Acting Chairman, Economic and
Financial Crimes Commission, read in part: “Section 15(5) of the
constitution requires your government to abolish all corrupt
practices and abuse of power, regardless of where such practices
are taking place in Nigeria.”

“According to reports, an average of N20 billion accrued to
local governments across the county between 2007 and 2012 alone.
Over N15 trillion of federal allocations meant for provision of
public goods and services by local governments have been allegedly
mismanaged or pocketed by state governments, local council
chairmen, and the authorities of the Federal Capital Territory in
the last 12 years.”

“As the Supreme Court of Nigeria once correctly stated,
‘Corruption is not a disease which afflicts public officers alone
but society as a whole. If it is therefore to be eradicated
effectively, the solution to it must be pervasive to cover every
segment of the society. Corrupt practices and abuse of power can,
if not checked threaten the peace, order and good government of
Nigeria or any part thereof.’”

“’Corruption is a national malaise which must be tackled by the
government of the Federal Republic. The disastrous consequences of
the evil practice of corruption have taken this nation into the
list of the most corrupt nations on earth.’”

“Public schools and clinics across the 774 local governments in
several states have been left to crumble and wither away, with
ordinary citizens made to pay the price for the decay of those
vital public services. The failure to act as recommended would
leave a doubt in the public mind about your government’s commitment
to rid Nigeria of corruption.”

“The use of federal allocations has been characterized by
allegations of waste, opacity and misappropriation, thereby
undermining the ability of state and local governments to provide
public goods and services such as health, education and water.
Corruption in Nigeria will remain if relevant federal authorities
and agencies continue to fail to stem corruption in state and local
governments.”

“Local governments across the country rarely get the exact
federal allocations meant for them as the allocations are allegedly
mismanaged or misappropriated by state governments. Despite the
country’s oil wealth, millions of Nigerians continue to live in
extreme poverty, as funds that state and local governments could
have spent on basic health care, education and clean water have
instead been mismanaged or stolen.”

“SERAP therefore believes that anyone involved in alleged
corrupt practices and abuse of power including at the state and
local government levels should be promptly, thoroughly and
effectively investigated and prosecuted if there is relevant and
admissible evidence of corruption, and stolen public funds
recovered both to provide public goods and services to ordinary
citizens and to serve as deterrent.”

“State governors do not enjoy immunity from investigation. Any
criminal allegation against any sitting governor can and should be
investigated pending the time the governor leaves office and loses
immunity. The findings of such investigation can also be the basis
for initiating impeachment proceedings against the governors.”

“SERAP hopes that you will exercise your constitutional powers
to promote transparency and accountability and stop corruption in
the use of federal allocations to state and local governments
across the country.”

“The constitutional authority by federal authorities and
agencies to fight corruption and ensure the peace, order and good
government extend to any part of the country, as contained in the
Exclusive Legislative List in Part 1 of the Second Schedule to the
Nigerian constitution.”

“The EFCC also reportedly probed how N11 million was allegedly
taken by each of 33 former local government caretaker chairmen,
which was spent to secure Oyo State against incursion by Boko Haram
insurgents during the 2015 general elections. The money was
allegedly disbursed from the Local Government Stabilization Account
to each of the 33 local government areas of the state.”