SERAP Sues Lawan, Gbajabiamila Over ‘Missing N4.4bn NASS Funds’

Socio-Economic Rights and Accountability Project (SERAP) has
filed a lawsuit against the Senate President, Dr Ahmad Lawan and
Speaker of House of Representatives, Mr Femi Gbajabiamila over
“their failure to probe, and to refer to appropriate
anti-corruption agencies allegations that N4.4bn of public money
budgeted for the National Assembly is missing, misappropriated,
diverted or stolen, as documented in three annual audited reports
by the Office of the Auditor-General of the Federation.”

The suit followed the publication of annual audited reports for
2015, 2017 and 2018 in which the Auditor-General of the Federation
raised “concerns about alleged diversion and misappropriation of
public funds, sought the recovery of any missing funds, and asked
that the evidence of recovery should be forwarded to his
office.”

In the suit number FHC/ABJ/CS/366/2021 filed last Friday at the
Federal High Court in Abuja, SERAP is seeking: “an order of
mandamus directing and compelling Dr Lawan, Mr Gbajabiamila and the
National Assembly to perform their constitutional oversight
functions to ensure prompt and transparent investigation into the
allegations that N4.4 billion budgeted for the National Assembly
may be missing and unaccounted for.”

In the suit, SERAP is arguing that “By the combined reading of
the provisions of the Nigerian Constitution of 1999 [as amended],
the International Covenant on Economic, Social and Cultural Rights,
and the UN Convention against Corruption, which Nigeria has
ratified, the National Assembly has legal duties to combat
corruption, and promote transparency and accountability in the
management of public resources.”

According to SERAP: “transparency and accountability in the
management of public resources and wealth is essential for
promoting development, people’s welfare and well-being, and their
access to basic public services, as well as good governance and the
rule of law.”

SERAP is also arguing that “The National Assembly has legal
responsibility to ensure that the serious allegations of corruption
and mismanagement documented by the Office of the Auditor-General
of the Federation are promptly, independently, thoroughly, and
transparently investigated, and to end the culture of impunity that
is fuelling these allegations.”

According to SERAP: “The failure of the National Assembly to
promptly and thoroughly investigate, and to refer to appropriate
anti-corruption agencies the allegations documented in the annual
audited reports for 2015, 2017 and 2018 is a fundamental breach of
the oversight and public interest duties imposed on the legislative
body by sections 4, 88 and 89 of the Nigerian Constitution.”

The suit filed on behalf of SERAP by its lawyers Kolawole
Oluwadare and Ms Adelanke Aremo, read in part: “Granting this
application would serve the interest of justice, reduce corruption
and mismanagement, as well as end impunity of perpetrators, and
advance the fundamental human rights of Nigerians.”

“This suit seeks to vindicate the rule of law, the public
interest, and to promote transparency and accountability.
Government agencies and institutions are responsible to a court of
justice for the lawfulness of what they do, and of that the court
is the only judge. The National Assembly has no legally justifiable
reason to refuse to investigate the allegations documented by the
Office of the Auditor-General of the Federation.”

“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 democratic society, this is meant
to be a norm.”

It would be recalled that SERAP had in a letter dated 30 January
2021 requested Dr Lawan and Mr Gbajabiamila to “use their good
offices to urgently probe and refer to appropriate anti-corruption
agencies allegations that N4.4 billion of public money budgeted for
the National Assembly may have been misappropriated, diverted or
stolen.”

The letter, read in part: “The Auditor-General noted in his 2015
report that the National Assembly account was spent N8,800,000.00
as unauthorised overdraft, contrary to Financial Regulations 710.
The National Assembly also reportedly spent N115,947,016.00 without
any documents. Another N158,193,066.00 spent as cash advances to 17
staff between January and June 2015 is yet to be retired.”

“The Senate reportedly spent N186,866,183.42 to organise Senate
Retreat and Pre-Valedictory Session for the 7th Senate, although
the money was meant to pay vehicle loan. The Senate also reportedly
spent N15,964,193.63 as bank charges between July and December,
2015, contrary to Financial Regulations 734.”

“The House of Representatives also reportedly spent
N624,377,503.30 to buy 48 Utility Vehicles. However, 14 vehicles
were not supplied. The House also failed to make the 34 vehicles
supplied available for verification. Similarly, the House spent
N499,666,666.00 as cash advances to staff to carry out various
assignments but has failed to retire the money.”

“The House of Representatives also reportedly paid
N70,560,000.00 as overtime and ‘special’ allowances to officials
who are not legislative aides between November and December 2015
without any authority.”

“The National Assembly Service Commission reportedly failed to
remit N30,130,794.10 deducted from the salaries of the Executive
Chairman and the Commissioners as car loan.”

“The National Assembly Budget and Research Office reportedly
spent N66,303,411.70 as out-of-pocket expenses without any
documents. The National Institute for Legislative and Democratic
Studies paid N246,256,060.51 by cheques, despite the prohibition of
payments by cheque by the Federal Government, except in extreme
cases, and contrary to Financial Regulation 631.”

“According to the Auditor-General Report for 2017, the House of
Representatives reportedly spent ₦95,212,250.00 without due process
and without any documents. The National Assembly Management Account
also reveals that N673,081,242.14 was spent between April and
October 2017 without any documents. The Auditor-General reported
that the funds may have been misappropriated.”

“The Senate Account also reportedly shows that ₦1,364,816,397.95
was spent on store items without any documents to show for the
spending. The Auditor-General stated that his office was denied
access to the store and to the Senate’s records.”

“The National Institute for Legislative and Democratic Studies
also reportedly failed to remit ₦2,181,696.50 from contract of
goods and services. The Institute also paid ₦67,296,478.00 without
any payment vouchers.”

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

Socio-Economic Rights and Accountability Project (SERAP) has
filed a lawsuit against the Senate President, Dr Ahmad Lawan and
Speaker of House of Representatives, Mr Femi Gbajabiamila over
“their failure to probe, and to refer to appropriate
anti-corruption agencies allegations that N4.4bn of public money
budgeted for the National Assembly is missing, misappropriated,
diverted or stolen, as documented in three annual audited reports
by the Office of the Auditor-General of the Federation.”

The suit followed the publication of annual audited reports for
2015, 2017 and 2018 in which the Auditor-General of the Federation
raised “concerns about alleged diversion and misappropriation of
public funds, sought the recovery of any missing funds, and asked
that the evidence of recovery should be forwarded to his
office.”

In the suit number FHC/ABJ/CS/366/2021 filed last Friday at the
Federal High Court in Abuja, SERAP is seeking: “an order of
mandamus directing and compelling Dr Lawan, Mr Gbajabiamila and the
National Assembly to perform their constitutional oversight
functions to ensure prompt and transparent investigation into the
allegations that N4.4 billion budgeted for the National Assembly
may be missing and unaccounted for.”

In the suit, SERAP is arguing that “By the combined reading of
the provisions of the Nigerian Constitution of 1999 [as amended],
the International Covenant on Economic, Social and Cultural Rights,
and the UN Convention against Corruption, which Nigeria has
ratified, the National Assembly has legal duties to combat
corruption, and promote transparency and accountability in the
management of public resources.”

According to SERAP: “transparency and accountability in the
management of public resources and wealth is essential for
promoting development, people’s welfare and well-being, and their
access to basic public services, as well as good governance and the
rule of law.”

SERAP is also arguing that “The National Assembly has legal
responsibility to ensure that the serious allegations of corruption
and mismanagement documented by the Office of the Auditor-General
of the Federation are promptly, independently, thoroughly, and
transparently investigated, and to end the culture of impunity that
is fuelling these allegations.”

According to SERAP: “The failure of the National Assembly to
promptly and thoroughly investigate, and to refer to appropriate
anti-corruption agencies the allegations documented in the annual
audited reports for 2015, 2017 and 2018 is a fundamental breach of
the oversight and public interest duties imposed on the legislative
body by sections 4, 88 and 89 of the Nigerian Constitution.”

The suit filed on behalf of SERAP by its lawyers Kolawole
Oluwadare and Ms Adelanke Aremo, read in part: “Granting this
application would serve the interest of justice, reduce corruption
and mismanagement, as well as end impunity of perpetrators, and
advance the fundamental human rights of Nigerians.”

“This suit seeks to vindicate the rule of law, the public
interest, and to promote transparency and accountability.
Government agencies and institutions are responsible to a court of
justice for the lawfulness of what they do, and of that the court
is the only judge. The National Assembly has no legally justifiable
reason to refuse to investigate the allegations documented by the
Office of the Auditor-General of the Federation.”

“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 democratic society, this is meant
to be a norm.”

It would be recalled that SERAP had in a letter dated 30 January
2021 requested Dr Lawan and Mr Gbajabiamila to “use their good
offices to urgently probe and refer to appropriate anti-corruption
agencies allegations that N4.4 billion of public money budgeted for
the National Assembly may have been misappropriated, diverted or
stolen.”

The letter, read in part: “The Auditor-General noted in his 2015
report that the National Assembly account was spent N8,800,000.00
as unauthorised overdraft, contrary to Financial Regulations 710.
The National Assembly also reportedly spent N115,947,016.00 without
any documents. Another N158,193,066.00 spent as cash advances to 17
staff between January and June 2015 is yet to be retired.”

“The Senate reportedly spent N186,866,183.42 to organise Senate
Retreat and Pre-Valedictory Session for the 7th Senate, although
the money was meant to pay vehicle loan. The Senate also reportedly
spent N15,964,193.63 as bank charges between July and December,
2015, contrary to Financial Regulations 734.”

“The House of Representatives also reportedly spent
N624,377,503.30 to buy 48 Utility Vehicles. However, 14 vehicles
were not supplied. The House also failed to make the 34 vehicles
supplied available for verification. Similarly, the House spent
N499,666,666.00 as cash advances to staff to carry out various
assignments but has failed to retire the money.”

“The House of Representatives also reportedly paid
N70,560,000.00 as overtime and ‘special’ allowances to officials
who are not legislative aides between November and December 2015
without any authority.”

“The National Assembly Service Commission reportedly failed to
remit N30,130,794.10 deducted from the salaries of the Executive
Chairman and the Commissioners as car loan.”

“The National Assembly Budget and Research Office reportedly
spent N66,303,411.70 as out-of-pocket expenses without any
documents. The National Institute for Legislative and Democratic
Studies paid N246,256,060.51 by cheques, despite the prohibition of
payments by cheque by the Federal Government, except in extreme
cases, and contrary to Financial Regulation 631.”

“According to the Auditor-General Report for 2017, the House of
Representatives reportedly spent ₦95,212,250.00 without due process
and without any documents. The National Assembly Management Account
also reveals that N673,081,242.14 was spent between April and
October 2017 without any documents. The Auditor-General reported
that the funds may have been misappropriated.”

“The Senate Account also reportedly shows that ₦1,364,816,397.95
was spent on store items without any documents to show for the
spending. The Auditor-General stated that his office was denied
access to the store and to the Senate’s records.”

“The National Institute for Legislative and Democratic Studies
also reportedly failed to remit ₦2,181,696.50 from contract of
goods and services. The Institute also paid ₦67,296,478.00 without
any payment vouchers.”

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