By Abiola Olawale
The Socio-Economic Rights and Accountability Project (SERAP) has initiated legal action against President Bola Ahmed Tinubu concerning an alleged non-prosecution of contractors involved in an alleged fraud case where over N167 billion was reportedly collected from 31 ministries departments and agencies (MDAs) for projects that were purportedly never executed.
SERAP filed this lawsuit at the Federal High Court in Lagos, seeking to compel the President to direct the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, to prosecute the affected contractors.
The organisation is also seeking an order to compel the Minister of Finance, Olawale Edun, to disclose detailed information about the projects, including the names of the contractors, the project locations, and the amounts each contractor received.
SERAP’s arguments include the notion that failing to prosecute these entities violates the Nigerian Constitution, anti-corruption laws, and international obligations under the United Nations Convention against Corruption.
The organisation asserted that such accountability is vital for preventing waste, fraud, and abuse of public funds, which directly impacts the public’s access to essential services like health, education, and administration.
In the suit, SERAP is arguing that: “The allegations of corruption involving many companies and contractors who collected over N167 billion from 31 MDAs have continued to impair, obstruct and undermine access of poor Nigerians to public goods and services.”
SERAP is also arguing that “Holding the companies and contractors who collected over N167bn from 31 MDAs but disappeared with the money would prevent and combat waste, fraud, and abuse in the spending of public funds.”
According to SERAP, “There is a legitimate public interest in not shielding or allowing ingrained wrongdoing by companies and contractors to go unpunished.”
SERAP is also arguing that “The consequences of corruption are felt by citizens daily. Corruption exposes them to additional costs to pay for health, education and administrative services.”
SERAP added that “the allegations suggest a grave violation of the Nigerian Constitution 1999 (as amended), the country’s anticorruption legislation and international anticorruption obligations.”
The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Ms Oluwakemi Agunbiade, read in part: “Granting the reliefs sought would ensure transparency and accountability in how any public funds are spent by MDAs, and reduce vulnerability to corruption and mismanagement.”
“The UN Convention against Corruption to which Nigeria is a state party contains requirements of integrity and honesty in economic, financial or commercial activities in the public and private sectors.”
“It also imposes obligations on the government to ensure that sanctions imposed for corruption on natural and legal persons are effective, proportionate and dissuasive.”
“Ensuring the accountability of companies and contractors and the recovery of any diverted public funds would improve public accountability in MDAs.”
“The accountability of government to the general public is a hallmark of democratic governance, which Nigeria seeks to practice.”
“According to the 2021 annual audited report by the Auditor-General of the Federation published on Wednesday, 13 November 2024, thirty-one (31) ministries, departments and agencies (MDAs) paid over N167 billion [N167,592,177,559.40] to companies and contractors for contracts and projects not executed.”
“The Nigerian Bulk Electricity Trading Plc., (NBET) alone reportedly paid N100 billion to companies and contractors for projects not executed.”
“Companies and contractors reportedly collected N100 billion from the Nigerian Bulk Electricity Trading Plc., (NBET) for contracts and projects not executed.”
“The thirty other MDAs including Nigerian Correctional Service; National Pension Commission, Abuja; Federal College of Land Resources Technology, Owerri; and Hydrocarbon Pollution Remediation Project (HYPREP) Office.”
“Others include: Petroleum Technology Development Fund (PTDF); Federal Ministry of Youth and Sports Development; Federal Medical Centre, Bida, Niger state; National Centre for Women Development; Institute for Peace and Conflict Resolution; National Business and Technical Examinations Board (NABTEB); Federal University of Gasua; and Ministry of Niger Delta Affairs.”
“Accountability requires transparency. Nigerians’ right to democratic governance allows them to appreciably influence the direction of government and have an opportunity to assess progress and assign blame.”
