A Federal High Court sitting in Lagos has ordered President Muhammadu Buhari to order security and anti-corruption agencies to forward to him reports of their investigations into allegations of padding and stealing of about N481 billion from the 2016 budget by some principal officers of the National Assembly (NASS).โ
Justice Mohammed Idris who gave the order also instructed the President Buhari to direct the Attorney General of the Federation and Minister of Justice, Abubakar Malami, (SAN), and/or appropriate anti-corruption agencies to without delay commence prosecution of indicted lawmakers.
Justice Idris issued the order in a judgment delivered on Monday in a mandamus suit no: FHC/L/CS/1821/2017filed by Socio-Economic Rights and Accountability Project (SERAP) against the government.
The defendants in the suit are the President of Nigeria, Muhammadu Buhari and the Attorney General of the Federation and Minister of Justice, Abubakar Malami, (SAN).
The suit was filed last year by SERAP through its counsel, Mrs Joke Fekumo, after the organization received โcredible information from multiple sources that the Department of State Services (DSS) and the Economic and Financial Crimes Commission (EFCC) have completed investigations into the allegations of padding of the 2016 budget, completed their reports, and indicted some principal officers of the House of Representatives and the Senate, and that the accounts of some of the principal officers containing allegedly illicit funds have been frozen, and that the case files for the prosecution of those indicted were ready.
The suit read in part: โUnless the principal officers indicted in the alleged padding of the 2016 budget are prosecuted and any stolen public funds recovered, the Federal Government will not be able to stop padding of future budgets. Alleged corruption in the budget process will not just melt away or simply evaporate without addressing the fundamental issue of impunity of perpetrators.
โAddressing alleged corruption in the budget process by pursuing prosecution of indicted principal officers of the National Assembly will provide an important opportunity for the Federal Government to reignite the fight against corruption and fulfill a cardinal campaign promise, to show that the Federal Government works on behalf of the many, and not the few, as well as jumpstart economic activities and break the back of the recession.
โPublishing the report of the investigation of the alleged padding of the 2016 budget, and prosecuting suspected perpetrators are absolutely important to avoid another padding, which the Federal Government can ill afford.
Justice Idris, in his judgment, ordered the President to โdirect the publication of the report of investigations by security and anti-corruption bodies into the alleged padding of the 2016 budget.
He held that President Buhari in the exercise of his executive powers has a duty to ensure compliance with the provisions of Article 22 of the African Charter on Human and Peoplesโ Rights, and that the President is โexpected to use his executive powers for the public good of Nigeria.โ
Article 22 of the African Charter provides that, โAll peoples shall have the right to their economic, social and cultural development with due regard to their freedom,โ and that โStates shall have the duty, individually or collectively, to ensure the exercise of the right to development.โ
Justice Idris also granted an order directing the President to โurgently halt alleged attempt by some principal officers of the NASS to steal N40 billion of the N100 billion allocated by his government as โzonal interventionโ in the 2017 budget.โ
The court also ordered the President โto closely monitor and scrutinize the spending of N131 billion (accrued from increased oil bench mark) allocated for additional non-constituency projects expenditure, to remove the possibility of corruption.โ
It was the contention of the court that โSERAP, being a human rights non-governmental organization has sufficient interest in the way and manner public funds are being utilized in this country.โ
Reacting to the judgment of the court, SERAP deputy director Timothy Adewale said: โThis judgment confirms the pervasive corruption in the budget process and the prevailing culture of impunity of our lawmakers as well as the failure of the authorities to uphold transparency and accountability in the entire budget process and implementation.
โThe judgement is an important step towards reversing a culture of corruption in the budget process that has meant that many of our lawmakers see the budget more as a โmeal ticketโ to look after themselves than a social contract to meet peopleโs needs and advance equity and development across the country.โ
โThis is a crucial precedent that vindicates the right to a transparent and accountable budget process and affirms the budget as governmentโs most important economic policy document, which is central to the realization of all human rights including the rights to health, water, and education. We are now in the process of obtaining a certified copy of the judgment. SERAP will do everything within its power to secure the full and effective enforcement of this important judgment.โ
