SERAP is been sued by the president Tinubu
President Bola Tinubu is the target of a lawsuit brought by the Socio-Economic Rights and Accountability Project because of his administration’s alleged neglect to look into missing cash for unreported oil revenues and refinery repairs between 2020 and 2021.
Kolawole Oluwadare, the organization’s deputy director, released a statement on Sunday that included this information. PUNCH was given access to it.
The Nigeria Extractive Industries Transparency Initiative’s 2021 report includes the accusations.
Oluwadare noted that the organization is requesting a court order to force Tinubu to “direct appropriate anti-corruption agencies to probe allegations of corruption involving State Owned Enterprises, the Nigerian Petroleum Development Company Limited, and the Nigerian Upstream Petroleum Regulatory Commission (NPDC) among other things.”
In the lawsuit FHC/L/CS/2334/2023, which was submitted to the Federal High Court in Lagos last Friday, SERAP is requesting “an order of mandamus to direct and compel President Tinubu to investigate the claims that N200 billion allocated for refinery maintenance and repair in Nigeria, and US$15 billion in oil revenue, are missing and unaccounted for.”
In addition, SERAP is demanding “a mandamus order requiring President Tinubu to instruct relevant anti-corruption agencies to examine accusations of corruption within State Owned Enterprises (SOE), the Nigerian Petroleum Development Company Limited, and the Nigerian Upstream Petroleum Regulatory Commission (NPDC).”
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Furthermore, SERAP is seeking “a mandamus order instructing President Tinubu to allocate any retrieved proceeds of corruption towards improving the welfare of Nigerians.”
As indicated by SERAP, “numerous allegations of corruption and misappropriation of oil revenues, as well as the impunity of wrongdoers, have eroded public trust and confidence in governments at all levels.”
“Ensuring justice and accountability for these grave accusations is of significant public interest,” SERAP argued in the lawsuit. If the reliefs requested were granted, it would put an end to the impunity of offenders and provide justice to victims of corruption.
According to SERAP’s argument, the majority of Nigerians are trapped in poverty and deprived of opportunities due to the corruption allegations brought to light by NEITI.
SERAP emphasized, “If the President is not directed and compelled to thoroughly investigate these troubling revelations, suspected wrongdoers will continue to evade accountability for their actions and benefit from their illicit gains.”
According to SERAP, the findings from NEITI indicate a serious breach of the provisions of the Nigerian Constitution 1999, national anti-corruption laws, and the country’s commitments under the UN Convention against Corruption.
The suit, presented on behalf of SERAP by its legal representatives, Kolawole Oluwadare, Andrew Nwankwo, and Ms. Valentina Adegoke, stated, “The Tinubu administration is constitutionally obligated to ensure transparency and accountability in the management of the country’s oil wealth.”
“SERAP is seeking an order of mandamus to compel President Tinubu to establish measures for accountability and transparency in the oil sector.
“According to Section 13 of the Nigerian Constitution, the government is unequivocally mandated to adhere to, respect, and enforce the provisions outlined in Chapter 2 of the constitution. Additionally, Section 15(5) places the obligation on the government to ‘eradicate all forms of corrupt practices and misuse of power’ within the country.”
“Furthermore, in line with Section 16(1) of the Constitution, the government is tasked with ‘ensuring the greatest possible well-being, liberty, and contentment of every citizen based on principles of social justice and equality of status and opportunity.'”
“Additionally, Section 16(2) emphasizes that ‘the nation’s material resources are harnessed and distributed in the most effective manner to serve the common good.'”
“Likewise, the provisions of articles 5 and 9 within the UN Convention against Corruption delineate legal responsibilities for the government, requiring the proper management of public affairs and funds and the promotion of transparent administration in public matters.”
“Both the UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption impose obligations on the government to proactively prevent and investigate the misappropriation of the nation’s wealth and natural resources. They also necessitate the accountability of public officials and non-state actors for any infractions.”
Certainly, Section 16(2) underscores that ‘the nation’s resources should be efficiently utilized and distributed for the collective well-being.’
Furthermore, the stipulations within articles 5 and 9 of the UN Convention against Corruption outline the government’s legal obligations, emphasizing the need for appropriate management of public affairs and finances, as well as the promotion of transparent governance in public matters.
Both the UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption impose responsibilities on the government to actively prevent and investigate the misappropriation of the country’s resources and natural wealth. They also stress the importance of holding public officials and non-state actors accountable for any transgressions.
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