Accountability Project (SERAP)
Socio-Economic Rights and Accountability Project (SERAP) has
urged President Muhammadu Buhari “to urgently redirect the proposed
spending of N4.8bn of public money to monitor WhatsApp messages,
phone calls, and text messages of Nigerians and other people, to
pay some of the salaries of striking resident doctors, improve
their benefits, as well as improve public healthcare facilities for
the sake of poor Nigerians who rely on those facilities, and have
nowhere else to turn.”
![image](/2021/07/Justice-Ejembi-Eko-1.jpg")
![image](/2021/08/lawp.jpg")
SERAP said: “We also urge you to send to the National Assembly a
fresh supplementary appropriation bill, which reflects the
redirected budget, for its approval.”
![image](/2021/07/escrow-service1.jpg")
In the open letter dated 14 August, 2021, and signed by SERAP
deputy director Kolawole Oluwadare, the organization said:
“Redirecting the proposed spending of N4.8bn would be entirely
consistent with your constitutional oath of office, and the letter
and spirit of the Nigerian Constitution of 1999 [as amended], as it
would promote efficient, honest, and legal spending of public
money.”
According to SERAP, “Redirecting the proposed spending of N4.8bn
would also remove the threats to fundamental human rights of
Nigerians, and ensure access to quality healthcare for the socially
and economically vulnerable people who rely on public hospitals,
and have no opportunity for medical treatment elsewhere.”
The letter, read in part: “Any appropriation law ought to comply
with the Nigerian Constitution and the country’s international
human rights obligations and commitments.”
“The constitutional oath of office implicitly provides some
safeguards on the appropriation and spending of public funds, and
imposes a legally binding obligation on public officers to preserve
the public money, and not to disburse it except conformably to the
Constitution.”
“SERAP believes that any proposed spending of public funds
should stay within the limits of constitutional responsibilities,
and oath of office by public officers, as well as comply with
Chapter 2 of the Nigerian Constitution relating to fundamental
objectives and directive principles of state policy.”
“The mere threat of mass surveillance, even when secret, coupled
with the lack of remedy, can constitute an interference with human
rights, including the rights to privacy, freedom of expression,
peaceful assembly and association.”
“The proposed spending of N4.8bn of public funds as contained in
the Supplementary Appropriation Act, which you signed last month
would give rise to serious violations of the human rights of
Nigerians and other people, as it would grant free rein to
government agencies to conduct mass surveillance of communications
of people.”
“The proposed spending also fails to meet the requirements of
public interests, legality, necessity, and proportionality.
Additionally, the lack of any safeguards against discriminatory
decision-making, and access to an effective remedy shows the grave
threats it poses to constitutionally and internationally recognized
human rights.”
“We would be grateful if the recommended measures are taken
within seven days of the receipt and/or publication of this letter.
If we have not heard from you by then, SERAP shall take all
appropriate legal actions to compel your government to comply with
our request in the public interest.”
“SERAP is concerned that the proposed spending to monitor
WhatsApp messages, phone calls, and text messages of Nigerians and
other people is inconsistent and incompatible with the Nigerian
Constitution and the country’s international human rights
obligations.”
“Specifically, Section 37 of the Nigerian Constitution, and
Article 17 of the International Covenant on Civil and Political
Rights, to which the country is a state party provide for the right
to freedom from arbitrary or unlawful interference with privacy and
correspondence, communications and private data.”
“Section 39 of the Nigerian Constitution and Article 19 of the
Covenant also protect everyone’s right to hold opinions without
interference and to seek, receive and impart information and ideas
of all kinds, regardless of frontiers and through any media.”
“SERAP wishes to stress your government’s obligations under
article 9 of the African Charter on Human and Peoples’ Rights, and
article 13 of the UN Convention against Corruption both of which
Nigeria has ratified.”
“Similarly, the UN General Assembly has condemned unlawful or
arbitrary surveillance and interception of communications as
‘highly intrusive acts’ that interfere with fundamental human
rights (see General Assembly resolutions 68/167 and 71/199).”
“SERAP is concerned that the powers to conduct arbitrary,
abusive or unlawful surveillance of communications may also be used
to target political figures and activists, journalists and others
in the discharge of their lawful activities, especially given the
growing repression of civic space, suspension of Twitter, and
attacks on freedom of expression and media freedom in the
country.”
“Privacy and expression are intertwined in the digital age, with
online privacy serving as a gateway to secure exercise of the
freedom of opinion and expression. Therefore, targets of
surveillance would suffer interference with their rights to privacy
and freedom of opinion and expression whether the effort to monitor
is successful or not.”
“Interference with privacy through targeted surveillance is
designed to repress the exercise of the right to freedom of
expression.”
“Surveillance of journalists, activists, opposition figures,
critics and others simply exercising their right to freedom of
expression – would lead to violations of other human rights such as
the rights to liberty and freedom from torture and other
ill-treatment.”
“Targeted surveillance creates incentives for self-censorship
and directly undermines the ability of journalists and human rights
defenders to conduct investigations and build and maintain
relationships with sources of information.”
“SERAP is concerned about the failure by your government to
resolve the strike by the National Association of Resident Doctors
(NARD) over pay, insurance benefits and poor facilities, and its
effects on poor Nigerians, especially as the country faces a third
wave of coronavirus.”
“According to our information, in July, 2021, you reportedly
signed the 2021 supplementary appropriation bill of N983 billion
into law. Of the amount, N4.8bn (N4,870,350,000) was allocated to
the National Intelligence Agency (NIA) to monitor WhatsApp
messages, phone calls, and text messages of Nigerians and other
people.”
“Of the figure, N1.93 billion was earmarked for ‘WhatsApp
Intercept Solution’ and N2.93 billion for ‘Thuraya Interception
Solution’ – a communications system used for monitoring voice calls
or call-related information, SMS, data traffic, among others.”
The letter was copied to Mr Abukabar Malami, SAN, Attorney
General of the Federation and Minister of Justice; and Mrs Zainab
Ahmed Minister of Finance, Budget and National Planning.
Accountability Project (SERAP)
Socio-Economic Rights and Accountability Project (SERAP) has
urged President Muhammadu Buhari “to urgently redirect the proposed
spending of N4.8bn of public money to monitor WhatsApp messages,
phone calls, and text messages of Nigerians and other people, to
pay some of the salaries of striking resident doctors, improve
their benefits, as well as improve public healthcare facilities for
the sake of poor Nigerians who rely on those facilities, and have
nowhere else to turn.”
SERAP said: “We also urge you to send to the National Assembly a
fresh supplementary appropriation bill, which reflects the
redirected budget, for its approval.”
In the open letter dated 14 August, 2021, and signed by SERAP
deputy director Kolawole Oluwadare, the organization said:
“Redirecting the proposed spending of N4.8bn would be entirely
consistent with your constitutional oath of office, and the letter
and spirit of the Nigerian Constitution of 1999 [as amended], as it
would promote efficient, honest, and legal spending of public
money.”
According to SERAP, “Redirecting the proposed spending of N4.8bn
would also remove the threats to fundamental human rights of
Nigerians, and ensure access to quality healthcare for the socially
and economically vulnerable people who rely on public hospitals,
and have no opportunity for medical treatment elsewhere.”
The letter, read in part: “Any appropriation law ought to comply
with the Nigerian Constitution and the country’s international
human rights obligations and commitments.”
“The constitutional oath of office implicitly provides some
safeguards on the appropriation and spending of public funds, and
imposes a legally binding obligation on public officers to preserve
the public money, and not to disburse it except conformably to the
Constitution.”
“SERAP believes that any proposed spending of public funds
should stay within the limits of constitutional responsibilities,
and oath of office by public officers, as well as comply with
Chapter 2 of the Nigerian Constitution relating to fundamental
objectives and directive principles of state policy.”
“The mere threat of mass surveillance, even when secret, coupled
with the lack of remedy, can constitute an interference with human
rights, including the rights to privacy, freedom of expression,
peaceful assembly and association.”
“The proposed spending of N4.8bn of public funds as contained in
the Supplementary Appropriation Act, which you signed last month
would give rise to serious violations of the human rights of
Nigerians and other people, as it would grant free rein to
government agencies to conduct mass surveillance of communications
of people.”
“The proposed spending also fails to meet the requirements of
public interests, legality, necessity, and proportionality.
Additionally, the lack of any safeguards against discriminatory
decision-making, and access to an effective remedy shows the grave
threats it poses to constitutionally and internationally recognized
human rights.”
“We would be grateful if the recommended measures are taken
within seven days of the receipt and/or publication of this letter.
If we have not heard from you by then, SERAP shall take all
appropriate legal actions to compel your government to comply with
our request in the public interest.”
“SERAP is concerned that the proposed spending to monitor
WhatsApp messages, phone calls, and text messages of Nigerians and
other people is inconsistent and incompatible with the Nigerian
Constitution and the country’s international human rights
obligations.”
“Specifically, Section 37 of the Nigerian Constitution, and
Article 17 of the International Covenant on Civil and Political
Rights, to which the country is a state party provide for the right
to freedom from arbitrary or unlawful interference with privacy and
correspondence, communications and private data.”
“Section 39 of the Nigerian Constitution and Article 19 of the
Covenant also protect everyone’s right to hold opinions without
interference and to seek, receive and impart information and ideas
of all kinds, regardless of frontiers and through any media.”
“SERAP wishes to stress your government’s obligations under
article 9 of the African Charter on Human and Peoples’ Rights, and
article 13 of the UN Convention against Corruption both of which
Nigeria has ratified.”
“Similarly, the UN General Assembly has condemned unlawful or
arbitrary surveillance and interception of communications as
‘highly intrusive acts’ that interfere with fundamental human
rights (see General Assembly resolutions 68/167 and 71/199).”
“SERAP is concerned that the powers to conduct arbitrary,
abusive or unlawful surveillance of communications may also be used
to target political figures and activists, journalists and others
in the discharge of their lawful activities, especially given the
growing repression of civic space, suspension of Twitter, and
attacks on freedom of expression and media freedom in the
country.”
“Privacy and expression are intertwined in the digital age, with
online privacy serving as a gateway to secure exercise of the
freedom of opinion and expression. Therefore, targets of
surveillance would suffer interference with their rights to privacy
and freedom of opinion and expression whether the effort to monitor
is successful or not.”
“Interference with privacy through targeted surveillance is
designed to repress the exercise of the right to freedom of
expression.”
“Surveillance of journalists, activists, opposition figures,
critics and others simply exercising their right to freedom of
expression – would lead to violations of other human rights such as
the rights to liberty and freedom from torture and other
ill-treatment.”
“Targeted surveillance creates incentives for self-censorship
and directly undermines the ability of journalists and human rights
defenders to conduct investigations and build and maintain
relationships with sources of information.”
“SERAP is concerned about the failure by your government to
resolve the strike by the National Association of Resident Doctors
(NARD) over pay, insurance benefits and poor facilities, and its
effects on poor Nigerians, especially as the country faces a third
wave of coronavirus.”
“According to our information, in July, 2021, you reportedly
signed the 2021 supplementary appropriation bill of N983 billion
into law. Of the amount, N4.8bn (N4,870,350,000) was allocated to
the National Intelligence Agency (NIA) to monitor WhatsApp
messages, phone calls, and text messages of Nigerians and other
people.”
“Of the figure, N1.93 billion was earmarked for ‘WhatsApp
Intercept Solution’ and N2.93 billion for ‘Thuraya Interception
Solution’ – a communications system used for monitoring voice calls
or call-related information, SMS, data traffic, among others.”
The letter was copied to Mr Abukabar Malami, SAN, Attorney
General of the Federation and Minister of Justice; and Mrs Zainab
Ahmed Minister of Finance, Budget and National Planning.