SERAP Sues Buhari, Others Over ‘Missing N106bn In 149 MDAs’

Socio-Economic Rights and Accountability Project (SERAP) has
filed a lawsuit against President Muhammadu Buhari “over his
failure to probe allegations that N106bn of public funds are
missing from 149 ministries, departments and agencies (MDAs), and
to ensure the prosecution of those suspected to be responsible, and
the recovery of any missing public funds.”

The suit followed the grim allegations by the Office of the
Auditor-General of the Federation in his 2018 annual audited report
that N105,662,350,077.46 of public funds are missing,
misappropriated or unaccounted for across 149 MDAs.

In the suit number FHC/ABJ/CS/903/2021 filed last week at the
Federal High Court in Abuja, SERAP is seeking: “an order of
mandamus to direct and compel President Buhari to promptly
investigate the alleged missing N106bn of public funds, ensure
prosecution of anyone suspected to be responsible, and the full
recovery of any missing public money.”

In the suit, SERAP is arguing that: “Recovering the alleged
missing public funds would reduce the pressure on the Federal
Government to borrow more money to fund the budget, enable the
authorities to meet the country’s constitutional and international
obligations, and reduce the growing level of public debts.”

According to SERAP: “Directing and compelling President Buhari
to ensure the investigation and prosecution of the alleged grand
corruption documented by the Auditor-General would be entirely
consistent with the government’s own commitment to fight
corruption, improve the integrity of MDAs, and serve the public
interest.”

SERAP is also arguing that, “The alleged missing public funds
have hampered the ability of the indicted MDAs to meet the needs of
average citizens, as the missing funds could have helped the
government to invest in key public goods and services, and to
improve access of Nigerians to these goods and services.”

Joined in the suit as Respondents are Mr Abubakar Malami, SAN,
Minister of Justice and Attorney General of the Federation; and Mrs
Zainab Ahmed, Minister of Finance, Budget and National
Planning.

SERAP is arguing that, “It is in the interest of justice to
grant this application, as it would improve respect for the rights
of Nigerians, and improve their access to essential public goods
and services. The suit is in keeping with the requirements of the
Nigerian Constitution 1999 [as amended]; anti-corruption
legislation, and the country’s international obligations including
under the UN Convention against Corruption; and the African Union
Convention on Preventing and Combating Corruption to which Nigeria
is a state party.”

SERAP is also seeking an order to compel the president “to
publish full details of the yearly budgets of all MDAs, and issue
regular updates that detail their expenditures, including by making
any such information easily accessible in a form that can be
understood by the public.”

The suit filed on behalf of SERAP by its lawyers Kolawole
Oluwadare and Ms Joke Fekumo, read in part: “The failure to
investigate the allegations of grand corruption in the 2018 annual
audited report constitutes a grave violation of the duty placed on
the Nigerian government to take appropriate measures to promote
transparency and accountability in the management of public
finances.”

“President Buhari’s constitutional responsibility to ensure the
investigation and prosecution of allegations of corruption, as well
as recovery of any missing public funds is contained in Section
15[5] of the Nigerian Constitution, which provides that ‘the State
shall abolish all corrupt practices and abuse of power’, and in the
Oath of Office in the Seventh Schedule of the Constitution.”

“The Oath of Office of the President is considered of such
importance that section 140 of the 1999 Constitution provides that
the President cannot perform his or her respective official
functions as President without taking the oath of office.”

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

Socio-Economic Rights and Accountability Project (SERAP) has
filed a lawsuit against President Muhammadu Buhari “over his
failure to probe allegations that N106bn of public funds are
missing from 149 ministries, departments and agencies (MDAs), and
to ensure the prosecution of those suspected to be responsible, and
the recovery of any missing public funds.”

The suit followed the grim allegations by the Office of the
Auditor-General of the Federation in his 2018 annual audited report
that N105,662,350,077.46 of public funds are missing,
misappropriated or unaccounted for across 149 MDAs.

In the suit number FHC/ABJ/CS/903/2021 filed last week at the
Federal High Court in Abuja, SERAP is seeking: “an order of
mandamus to direct and compel President Buhari to promptly
investigate the alleged missing N106bn of public funds, ensure
prosecution of anyone suspected to be responsible, and the full
recovery of any missing public money.”

In the suit, SERAP is arguing that: “Recovering the alleged
missing public funds would reduce the pressure on the Federal
Government to borrow more money to fund the budget, enable the
authorities to meet the country’s constitutional and international
obligations, and reduce the growing level of public debts.”

According to SERAP: “Directing and compelling President Buhari
to ensure the investigation and prosecution of the alleged grand
corruption documented by the Auditor-General would be entirely
consistent with the government’s own commitment to fight
corruption, improve the integrity of MDAs, and serve the public
interest.”

SERAP is also arguing that, “The alleged missing public funds
have hampered the ability of the indicted MDAs to meet the needs of
average citizens, as the missing funds could have helped the
government to invest in key public goods and services, and to
improve access of Nigerians to these goods and services.”

Joined in the suit as Respondents are Mr Abubakar Malami, SAN,
Minister of Justice and Attorney General of the Federation; and Mrs
Zainab Ahmed, Minister of Finance, Budget and National
Planning.

SERAP is arguing that, “It is in the interest of justice to
grant this application, as it would improve respect for the rights
of Nigerians, and improve their access to essential public goods
and services. The suit is in keeping with the requirements of the
Nigerian Constitution 1999 [as amended]; anti-corruption
legislation, and the country’s international obligations including
under the UN Convention against Corruption; and the African Union
Convention on Preventing and Combating Corruption to which Nigeria
is a state party.”

SERAP is also seeking an order to compel the president “to
publish full details of the yearly budgets of all MDAs, and issue
regular updates that detail their expenditures, including by making
any such information easily accessible in a form that can be
understood by the public.”

The suit filed on behalf of SERAP by its lawyers Kolawole
Oluwadare and Ms Joke Fekumo, read in part: “The failure to
investigate the allegations of grand corruption in the 2018 annual
audited report constitutes a grave violation of the duty placed on
the Nigerian government to take appropriate measures to promote
transparency and accountability in the management of public
finances.”

“President Buhari’s constitutional responsibility to ensure the
investigation and prosecution of allegations of corruption, as well
as recovery of any missing public funds is contained in Section
15[5] of the Nigerian Constitution, which provides that ‘the State
shall abolish all corrupt practices and abuse of power’, and in the
Oath of Office in the Seventh Schedule of the Constitution.”

“The Oath of Office of the President is considered of such
importance that section 140 of the 1999 Constitution provides that
the President cannot perform his or her respective official
functions as President without taking the oath of office.”

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