Accountability Project (SERAP)
Socio-Economic Rights and Accountability Project (SERAP) has
filed a lawsuit against President Muhammadu Buhari over
“his failure to probe allegations that N3,836,685,213.13 of
public funds meant for the Federal Ministry of Health, teaching
hospitals, medical centres, and National Food Drug Administration
and Control (NAFDAC) are missing, mismanaged, diverted or
stolen, as documented in the recently released 2018 audited
report by the Office of the Auditor-General of the Federation.”
![image](/2020/10/lawreport.jpg")
The suit is coming in the wake of the controversy over Buhari’s
travel to London for a “routine” medical check-up at a time the
country’s resident doctors are on strike over unpaid salaries,
upward review of hazard allowances, and COVID-19 care incentives,
leaving millions of poor Nigerians without access to medical
treatment.
![image](/2021/04/lawp.jpg")
In the suit number FHC/ABJ/CS/433/2021 filed last week at
the Federal High Court in Abuja, SERAP is seeking: “an order of
mandamus directing and compelling President Buhari to investigate
alleged missing N3.8bn health funds, and to promptly investigate
the extent and patterns of widespread corruption in the Federal
Ministry of Health, teaching hospitals, medical centres and
NAFDAC.”
In the suit, SERAP is arguing that: “Corruption in the health
sector exacerbates inequality in already unequal and unfair
political, social, and economic environments, and produces a ‘cash
and carry’ health care system based on one’s ability to pay for
care or one’s political position.”
According to SERAP: “transparency and accountability in the
management of health funds is essential for promoting access of
people living in poverty to physical and mental healthcare,
satisfactory health conditions, equality and non-discrimination,
development, as well as good governance and the rule of law.”
SERAP is also arguing that, “The failure to investigate the
alleged missing health funds, bring suspected perpetrators to
justice, and to recover any missing public funds has exposed
millions of poor Nigerians to serious health risks, amounting to
violations of constitutional and international human rights and
anti-corruption obligations.”
According to SERAP: “The fight against corruption in the health
sector is vital for the effective enjoyment of the right to health
by socially and economically vulnerable Nigerians, which in turn is
essential to all aspects of a person’s life and well-being, and to
the realisation of all the other fundamental human rights.”
Joined in the suit as Respondents are Mr Abubakar Malami,
Minister of Justice and Attorney General of the Federation; and Dr
Osagie Ehanire, Minister of Health.
The suit filed on behalf of SERAP by its lawyers Kolawole
Oluwadare and Opeyemi Owolabi, read in part: “Corruption in the
health sector forces socially and economically vulnerable Nigerians
to seek health services and treatment in unsafe and unregulated
environments, leaving them susceptible to avoidable injuries and
death.”
“Poor Nigerians are not enjoying the right to health maximally
because the Nigerian government is failing to address systemic
corruption in the health sector, thereby rendering the authorities
incapable of providing the basic amenities, infrastructure and
resources that facilitate the full enjoyment of the right to
health.”
“A corrupt and dysfunctional health care system can hardly
fulfil the physical and health needs of citizens. Such a system
denies people access to the highest attainable standard of health
care and simultaneously undermines their ability to pursue personal
development and prosperity.”
“The Nigerian government has the legal obligations to take the
necessary measures to protect the health of the Nigerian people and
to ensure that they receive medical attention when they are
sick.”
“This means taking prompt measures to investigate the alleged
missing health funds, to ensure that health systems can deliver
quality health care and services in an equal and non-discriminatory
manner.”
“The failure to promptly investigate the alleged missing health
funds, bring suspected perpetrators to justice and to recover any
missing public funds has continued to have serious implications for
the ability of the government particularly the health ministry and
agencies under its control to meet the health needs of socially and
economically vulnerable Nigerians.”
“By the combined reading of the Nigerian Constitution of 1999
[as amended], the Public Procurement Act, and the country’s
obligations including under the International Covenant on Economic,
Social and Cultural Rights, President Buhari and his government
have legal duties to promptly probe allegations of corruption in
the spending of health funds, and to ensure access of poor
Nigerians to quality healthcare.”
SERAP is also seeking the following reliefs:
- AN ORDERgranting leave to the Applicant to
apply for judicial review to enable the Applicant seek an
order of mandamus directing and compelling the
1st Respondent to direct the Minister of Justice
and Attorney General of the Federation and appropriate
anti-corruption agencies to investigate allegations that
N3,836,685,213.13 of public funds budgeted for the Federal Ministry
of Health, teaching hospitals, medical centres and NAFDAC are
missing, and unaccounted for. - AN ORDERgranting leave to the Applicant to
apply for judicial review to enable the Applicant seek an
order of mandamus directing and compelling the
1st Respondent to direct the Minister of Justice
and Attorney General of the Federation and appropriate
anti-corruption agencies to promptly investigate the extent
and patterns of widespread corruption in the Federal Ministry of
Health, Teaching Hospitals, Medical Centres and NAFDAC
indicted in the 2018 Audit Report by the Office of the
Auditor-General of the Federation. - AN ORDERgranting leave to the Applicant to
apply for judicial review to enable the Applicant seek an order of
mandamus directing and compelling the 1st and
2nd Respondents to take meaningful and
effective measures to clean up an apparently entrenched system of
corruption in the health sector - ANDfor such further order[s] the Honourable
Court may deem fit to make in the circumstances.
No date has been fixed for the hearing of the suit.
Accountability Project (SERAP)
Socio-Economic Rights and Accountability Project (SERAP) has
filed a lawsuit against President Muhammadu Buhari over
“his failure to probe allegations that N3,836,685,213.13 of
public funds meant for the Federal Ministry of Health, teaching
hospitals, medical centres, and National Food Drug Administration
and Control (NAFDAC) are missing, mismanaged, diverted or
stolen, as documented in the recently released 2018 audited
report by the Office of the Auditor-General of the Federation.”
The suit is coming in the wake of the controversy over Buhari’s
travel to London for a “routine” medical check-up at a time the
country’s resident doctors are on strike over unpaid salaries,
upward review of hazard allowances, and COVID-19 care incentives,
leaving millions of poor Nigerians without access to medical
treatment.
In the suit number FHC/ABJ/CS/433/2021 filed last week at
the Federal High Court in Abuja, SERAP is seeking: “an order of
mandamus directing and compelling President Buhari to investigate
alleged missing N3.8bn health funds, and to promptly investigate
the extent and patterns of widespread corruption in the Federal
Ministry of Health, teaching hospitals, medical centres and
NAFDAC.”
In the suit, SERAP is arguing that: “Corruption in the health
sector exacerbates inequality in already unequal and unfair
political, social, and economic environments, and produces a ‘cash
and carry’ health care system based on one’s ability to pay for
care or one’s political position.”
According to SERAP: “transparency and accountability in the
management of health funds is essential for promoting access of
people living in poverty to physical and mental healthcare,
satisfactory health conditions, equality and non-discrimination,
development, as well as good governance and the rule of law.”
SERAP is also arguing that, “The failure to investigate the
alleged missing health funds, bring suspected perpetrators to
justice, and to recover any missing public funds has exposed
millions of poor Nigerians to serious health risks, amounting to
violations of constitutional and international human rights and
anti-corruption obligations.”
According to SERAP: “The fight against corruption in the health
sector is vital for the effective enjoyment of the right to health
by socially and economically vulnerable Nigerians, which in turn is
essential to all aspects of a person’s life and well-being, and to
the realisation of all the other fundamental human rights.”
Joined in the suit as Respondents are Mr Abubakar Malami,
Minister of Justice and Attorney General of the Federation; and Dr
Osagie Ehanire, Minister of Health.
The suit filed on behalf of SERAP by its lawyers Kolawole
Oluwadare and Opeyemi Owolabi, read in part: “Corruption in the
health sector forces socially and economically vulnerable Nigerians
to seek health services and treatment in unsafe and unregulated
environments, leaving them susceptible to avoidable injuries and
death.”
“Poor Nigerians are not enjoying the right to health maximally
because the Nigerian government is failing to address systemic
corruption in the health sector, thereby rendering the authorities
incapable of providing the basic amenities, infrastructure and
resources that facilitate the full enjoyment of the right to
health.”
“A corrupt and dysfunctional health care system can hardly
fulfil the physical and health needs of citizens. Such a system
denies people access to the highest attainable standard of health
care and simultaneously undermines their ability to pursue personal
development and prosperity.”
“The Nigerian government has the legal obligations to take the
necessary measures to protect the health of the Nigerian people and
to ensure that they receive medical attention when they are
sick.”
“This means taking prompt measures to investigate the alleged
missing health funds, to ensure that health systems can deliver
quality health care and services in an equal and non-discriminatory
manner.”
“The failure to promptly investigate the alleged missing health
funds, bring suspected perpetrators to justice and to recover any
missing public funds has continued to have serious implications for
the ability of the government particularly the health ministry and
agencies under its control to meet the health needs of socially and
economically vulnerable Nigerians.”
“By the combined reading of the Nigerian Constitution of 1999
[as amended], the Public Procurement Act, and the country’s
obligations including under the International Covenant on Economic,
Social and Cultural Rights, President Buhari and his government
have legal duties to promptly probe allegations of corruption in
the spending of health funds, and to ensure access of poor
Nigerians to quality healthcare.”
SERAP is also seeking the following reliefs:
- AN ORDERgranting leave to the Applicant to
apply for judicial review to enable the Applicant seek an
order of mandamus directing and compelling the
1st Respondent to direct the Minister of Justice
and Attorney General of the Federation and appropriate
anti-corruption agencies to investigate allegations that
N3,836,685,213.13 of public funds budgeted for the Federal Ministry
of Health, teaching hospitals, medical centres and NAFDAC are
missing, and unaccounted for. - AN ORDERgranting leave to the Applicant to
apply for judicial review to enable the Applicant seek an
order of mandamus directing and compelling the
1st Respondent to direct the Minister of Justice
and Attorney General of the Federation and appropriate
anti-corruption agencies to promptly investigate the extent
and patterns of widespread corruption in the Federal Ministry of
Health, Teaching Hospitals, Medical Centres and NAFDAC
indicted in the 2018 Audit Report by the Office of the
Auditor-General of the Federation. - AN ORDERgranting leave to the Applicant to
apply for judicial review to enable the Applicant seek an order of
mandamus directing and compelling the 1st and
2nd Respondents to take meaningful and
effective measures to clean up an apparently entrenched system of
corruption in the health sector - ANDfor such further order[s] the Honourable
Court may deem fit to make in the circumstances.
No date has been fixed for the hearing of the suit.