News From Nigeria
Socio-Economic Rights and Accountability Project (SERAP) has urged the Senate President, Ahmad Lawan, and Speaker of House of Representatives, Femi Gbajabiamila, to “promptly cut the outrageous National Assembly budget of N228.1bn, including the N30.17bn severance payments and inauguration costs for members (the highest ever).”
SERAP urged them to “propose a refresh budget for the National Assembly that would reflect the current economic realities in the country, address the debt crisis, and prevent retrogressive economic measures.”
The National Assembly had increased its 2023 budget from N169bn proposed by President Muhammadu Buhari to N228.1bn. The approved budget shows an increase of about N59.1bn. The country’s budget of N21.83tn is based on a N10.49tn revenue, and N11.34tn deficit.
In the letter dated 14 January, 2023 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “It is a grave violation of the public trust and constitutional oath of office for the members of the National Assembly to increase their own budget at a time when some 133 million Nigerians are living in poverty.”
SERAP said, “Cutting the National Assembly budget would reduce the growing budget deficit, address the unsustainable debt burden, and serve the public interest.”
According to SERAP, “By increasing its own budget, the National Assembly has unjustifiably and disproportionately reduced the budget for UBEC. This is a travesty, especially given that Nigeria currently has over 20 million out-of-school children, and half of all poor people in the country are children.”
The letter, read in part: “Rather than exercising its oversight functions to check the persistent borrowing by President Muhammadu Buhari, and scrutinising the apparently unlawful overdrafts and loans obtained by the Federal Government from the Central Bank of Nigeria, the National Assembly is increasing its own budget.”
“This outrageous waste of public money would substantially increase the cost of governance, and exacerbate the debt crisis. It is unlawful, and unfair to the Nigerian people.”
“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 you and the National Assembly to comply with our request in the public interest.”
“The budget should reflect national development priorities, and not serve as a tool to satisfy the lifestyle of lawmakers or provide them with severance payments or parting gifts.”
“SERAP is concerned that the National Assembly budget of N228.1bn is higher than the statutory transfer to the Universal Basic Education Commission [UBEC] which is N103.3bn.”
“The increase in the National Assembly budget, including the unnecessary proposed spending of N30.17bn on ‘severance payments’ and ‘inauguration expenses’ is a fundamental breach of the Nigerian Constitution of 1999 [as amended] and the country’s international human rights obligations.”
“It is unjustifiable and unreasonable for the National Assembly to arbitrarily increase its own budget when the Federal Government and many of the 36 states are clearly in debt distress or at high risk of debt distress.”
“The National Assembly budget of N228.1bn would increase the country’s borrowing and debt crisis. Growing debt burdens and debt repayment difficulties will have negative impacts on the ability of poor and vulnerable Nigerians to enjoy basic socio-economic rights.”
“Long-term unsustainable debt can be a barrier to the government’s ability to mobilize resources for human rights, and may lead to taxes and user fees that impact negatively on poor and vulnerable Nigerians.”
“The leadership and members of the National Assembly should properly discharge their constitutional and fiduciary duties to Nigerians by ensuring judicious spending of public funds, especially given the current economic and financial realities of Nigeria.”
“Cutting the budget would show that the National Assembly can discharge its constitutional responsibility of amplifying the voices of Nigerians. It will also show that the body is acting in the best interest of the people.”
“Nigerians have a right to honest and faithful performance by their public officials including lawmakers, as public officials owe a fiduciary duty to the general citizenry. All those who hold the strings of political power and power over spending of Nigeria’s commonwealth ought not to use their entrusted position for personal gain.
“SERAP also urges you to request President Muhammadu Buhari to present a fresh supplementary appropriation bill, which reflects the reduced National Assembly budget for the approval of the National Assembly.”
“Section 14(2)(b) of the Nigerian Constitution of 1999 [as amended] provides that, ‘the security and welfare of the people shall be the primary purpose of government.”
“Under Section 16(1)(a)(b), the National Assembly has the obligations to ‘harness the resources of the nation and promote national prosperity and an efficient, a dynamic and self-reliant economy’, and to ‘secure the maximum welfare, freedom and happiness of every citizen.’”
“Nigeria has also ratified the African Charter on Human and Peoples’ Rights and the International Covenant on Economic, Social and Cultural Rights, which recognize legally enforceable economic and social rights, such as the rights to education, health, safe food and clean water, security, and shelter.”
Kolawole Oluwadare
SERAP Deputy Director
15/1/2023
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202
PRESS RELEASE
After the Yuletide break, All Progressives Congress (APC) in Lagos State returned to the campaign trail to drive support for the election of the party’s presidential candidate, Asiwaju Bola Ahmed Tinubu, and the re-election of Governor Babajide Sanwo-Olu.
Thousands of party faithful, on Thursday, converged on Ijanikin, a densely populated town in Badagry Division, for the APC West Senatorial District (Zone II) rally.
The bubbling town literally stood still, as scores of artisans, youth groups, traders, students and community organisations trooped out in solidarity and joined the crowd of party supporters to receive Sanwo-Olu and his entourage for the campaign.
Lagos APC chairman, Hon. Cornelius Ojelabi, led the party’s senatorial leaders and candidates for legislative seats in the Badagry division to the rally.
At the political event, the Badagry residents had the opportunity to show their appreciation for the Federal Government’s approval of the construction of Badagry Deep Seaport – the effort which the Governor personally led.
Sanwo-Olu said the APC-led Government, in the last three and half years, had accorded priority to Babagry Division in infrastructural renewal and physical development, given the proximity of the area to international trade border.
The Governor said the ongoing construction work of Lagos-Badagry Expressway had progressed steadily without delay, noting that the project had moved beyond difficult terrain, especially in Okokomaiko where vehicular flyovers were being completed.
Sanwo-Olu said the design of the Lagos-Badagry road project had been reviewed to accommodate the proposed rail network along the axis. He assured residents that work would soon begin on the construction of Badagry Deep Seaport, which, the Governor said, would further catalyse economic growth on the axis.
He said: “Today, we have returned to Awori settlement in the Lagos West Senatorial District to render account of development activities we have brought to this area and use the opportunity to seek your support for APC in the coming presidential election and State Governorship election. Our party is fulfilling its promises and we’re ready to do more for our people on this corridor. We have visible evidence to support our achievements.
“In the last three and half years, we have delivered many projects in the Badagry Division, including a Mother and Child Hospital (MCC) and inner road projects in Badagry The General Hospital we are currently building in Ojo has progressed and we will be completing the project soon. Before we came in, there was only one university in this area. Now, residents can boast of two well-funded universities, which resulted from the upgrade the Adeniran Ogunsanya College of Education to a full-fledged University of Education.
“We have also delivered housing schemes in Badagry, just as we have accorded priority to the completion of Lagos-Badagry Expressway. This project is at the heart of our efforts to lessen the pain of transiting along the corridor. All bridges required for seamless traffic flow are being built on the corridor. We will be flagging off the second phase of the Blue Line from Mile 2 to Okokomaiko, which will be on a dedicated alignment already marked along the highway. We are set to energise a new economic hub in Badagry, with the securing of an approval for the construction of a new Deep Seaport.”
Sanwo-Olu assured the residents of his Government’s commitment to rehabilitate more arterial highways in the area. He disclosed that contracts for the construction of Ilufo-Mosafejo Road and Osideru-Adaleko-Era Road were on the verge of being awarded, adding that work had already started on Ijagemo axis, with some of the adjoining roads being comprehensively rehabilitated.
The Governor urged the residents to keep their faith with APC in the forthcoming federal and state elections, pledging that the party would reciprocate the support by bringing more democratic dividends to the area.
Sanwo-Olu said: “We are also not leaving out the youth in our planning and programmes. Our goal is to build young people and make them responsible citizens making a living in safe and secure neighbourhoods. Public transportation will be enhanced and health care services will be better than what it is. This is our commitment to you. When we come in again, we are ready to do more for the Badagry Division.”
Ojelabi, while addressing the crowd, said the faith of Awori ethnic stock in progressive party had yielded positive dividends, stressing that the Badagry division in Lagos had reaped many benefits of democracy.
The APC chairman, who hails from the area, cited establishment of two tertiary institutions within the division and approval of Deep Seaport development in the area, adding that APC-led Government had committed unprecedented attention to upgrade infrastructure, including reconstruction of Lagos-Badagry Highway.
He said: “Since the time of Chief Obafemi Awolowo, Awori people in Lagos have stood with the progressive party. Our faith in the progressive government has yielded positive change in the Badagry Division, where we now boast of two well-funded universities which have brought quality education to our doorstep.
“APC has evidently given a special attention to the Lagos-Badagry Expressway, which is now being reconstructed. This is a testament that APC is the party that understands people’s plight and is keeping its promises. There is an ongoing construction of a massive General Hospital project in the Ojo, which is going to be the first major healthcare facility in the Division.”
At the rally, thousands of supporters of Peoples Democratic Party (PDP) and Action Alliance (AA) decamped to the APC. The defectors were presented to the Governor by the Lagos APC chairman.
PDP’s former Legal Adviser, Barr. Muyideen Akinsanya, and Women Leader, Mrs. Amoke Agbalajobi, led the opposition members to the ruling party.
Also, former State Secretary of Action Alliance, Michael Sessil, led the defectors from the party to APC.
SIGNED
GBOYEGA AKOSILE
CHIEF PRESS SECRETARY
12 JANUARY 2023
PRESS RELEASE
SANWO-OLU IS LAGOS WORKERS’ CANDIDATE
For the first time, Organised Labour in Lagos State came out to openly declare support and threw their weight behind candidate of a political party.
Labour leaders, on Thursday, held a mega solidarity rally in Ikeja to endorse the re-election of Governor Babajide Sanwo-Olu of the All Progressives Congress (APC), citing the Governor’s landmark achievements and his implementation of labour-friendly policies in governance.
Lagos NLC chairman, Comrade Funmilayo Sessi, and her counterpart in TUC, Comrade Gbenga Ekundayo, led thousands of workers in the rally held at the Police Training College in Ikeja GRA.
At the Sanwo-Olu endorsement rally were leaders and members of the Nigerian Labour Congress (NLC), Trade Union Congress (TUC), National Union of Teachers (NUT), Radio, Television, Theatre and Arts Workers’ Union of Nigeria (RATTAWU), Nigeria Union of Journalists (NUJ), Nigeria Union of Local Government Employees (NULGE), and association of herbal medicine dealers.
The labour movement in the State also endorsed the APC presidential candidate, Asiwaju Bola Ahmed Tinubu, saying the model he instituted took Lagos out as the best labour-friendly State.
Comrade Sessi explained that the move was not to politicise the Organised Labour, but said the unions were not comfortable to sit on the fence in a governorship election in which Sanwo-Olu, whom she described as “the most labour-friendly Governor”, is contesting.
The Lagos NLC chief said the Organised Labour met in congresses prior to the rally to sample the opinions of people in the labour movement about gubernatorial contenders in Lagos. She said the decision to support Sanwo-Olu was made after members of the Organised Labour unanimously endorsed Sanwo-Olu based on his fulfillment of promises to the movement.
Sessi said: “Before we embarked on this rally, we all agreed at our respective congresses to support Sanwo-Olu to continue as our Governor. We have made the decision before today but we only came out to display our solidarity with him publicly. What we have done right in our house, we are showing it to the world. This is the first time the Organised Labour in Lagos is taking open position to endorse candidate of a political party.
“We are doing this because Sanwo-Olu has introduced unprecedented reforms to improve the welfare and the wellbeing of workers. We are coming out with our full chest to support the Governor. We are deciding our fate by being part of the electorate that will return the most labour-friendly Governor. This is the decision all workers agreed upon and there is no going back.”
Sessi said the Organised Labour possessed a large voting strength in the election, stressing that workers constituted 60 per cent of the electorate.
The Lagos NLC boss said workers acknowledged the Governor’s sincerity in upward revision of salaries, pension remittance, prompt payment of benefits to deceased workers’ families, health insurance coverage for State employees, free transport schemes for workers and training opportunities.
Sessi said Sanwo-Olu became the first sitting Governor to donate free hectares of land to Organised Labour to build housing scheme for workers, while also appointing a representative of labour in the State cabinet. She added that Sanwo-Olu also considered the plea of the labour unions for a land in Central Business District to build a befitting secretariat for Organised Labour.
The TUC chairman, Ekundayo, said there was no need for the Organised Labour to beat about the bush in endorsing the Governor, noting that Sanwo-Olu was the first Governor to bring the labour close to table on which major decisions about workers’ welfare were being taken.
The inclusion, Ekundayo said, has allowed the workers to be part of the policies and procedures affecting their productivity. The TUC also confirmed each labour union held a congress before coming up with the decision.
He said: “Democracy is about inclusion and giving listening ears to the plight of the people. We have tested Sanwo-Olu and we have found him to have listening ear. He also has a large heart to accommodate. We have decided and agreed. We are coming out en mass in the next election to vote for APC candidates in the presidential election and state election.”
Responding, Sanwo-Olu described the workers’ endorsement as “a well-considered decision”, saying the gesture would be reciprocated with more efforts to improve the lives of workers in Lagos.
He said: “Going by this Organised Labour endorsement, I have no doubt we are coming back better and stronger. We will embark on governance much more than we have done and provide the best workplace for you to flourish. This endorsement is a confirmation that workers believe in our leadership and we will not take you for granted.
“It is only when we are committed to doing more for you that we believe we would have made the best impact on your lives and those of your children. Our Government is for the people; we will not disappoint you. On behalf of my political party, I accept the endorsement as your choice
and I promise not to let you down. The endorsement must now be supported by voting for APC candidates in the presidential election and state elections.”
Special Adviser to the Governor on Labour Matter and Industrial Relations, Hon. Babatunde Williams, said the labour’s endorsement testified to the “complete trust” the workers had in the Governor and APC.
SIGNED
GBOYEGA AKOSILE
CHIEF PRESS SECRETARY
12 JANUARY 2023
“Julius Berger: “A most responsible company with a highly functional, productive and commendable Corporate Social Responsibility Culture’’, says Leading Women NGO, Jam’iyyar Matan Arewa (JMA)
The pioneer and foremost women Non-Governmental Organization in northern Nigeria, Jam’iyyar Matan Arewa (JMA), has described and commended the country’s leading construction company, Julius Berger Nigeria Plc, as “… a most responsible company with a highly functional, productive and commendable Corporate Social Responsibility Culture…worthy of emulation by others.’’
The President of Jam’iyyar Matan Arewa (JMA), Hajiya Rabi Musa Saulawa, made the remarks in Kaduna on thursday at the handing over of the renovated buildings at the Jam’iyyar Matan Arewa (JMA) Orphanage and Premier school. The renovation works were undertaken by Julius Berger as part of the company’s corporate social responsibility initiatives to partner with and assist the development of its host communities along the geo-strategic Abuja-Kaduna-Zaria-Kano Road construction project.
Hajiya Rabi Musa Salauwa who traced the history of Jam’iyyar Matan Arewa to Nigeria’s First Republic, said it was founded in 1963. By 1st December 1964 Jam’iyyar Matan Arewa opened the orphanage in Kaduna. The take-off property for the Orphanage was donated by the then Premier of Northern Nigeria, the legendary Sir Ahmadu Bello, the Sadauna of Sokoto along with a cash donation of £500 as takeoff grant. Hajiya Rabi celebrated that since its founding till date, over 3,000 orphans have successfully passed through the the Jam’iyyar Matan Arewa Orphanage and ist schools.
According to Hajiya Rabi, many of the children who passed through the institution are now graduates of universities and polytechnics. Two of such students are graduates of the Nigerian Defense Academy (NDA) and one attended Nigerian Aviation School Zaria and is now a pilot, while several others are now Police officers.
Hajiya Rabi, however, said the JMA Orphanage, office accommodation and schools overtime fell into a deplorable state of dilapidation due to paucity of funds, being an organization that depends solely on donations and the little income generated from the schools. She said the funds generated have been grossly inadequate to carry out any major renovations and for the smooth operations of the organization.
Thus, she heartily thanked Julius Berger for its very meaningful CSR intervention to assist with the renovation of the buildings of the institution.
Alhaji Zubairu Ibrahim Bayi, executive director administration of Julius Berger Nigeria Plc, who represented the Managing Director of the company Engr. Dr. Lars Richter and led the company’s delegation to the event, offered the sincere regards and good wishes of the MD for a happy new year to all guests present at the ceremony.
Bayi, who grew up in Kaduna, also said that, “…on a very personal and nostalgic note, I equally feel a deep sense of happy homecoming to stand before you in this event in Kaduna. While I am here representing our MD, Dr. Richter, and officially on speaking for Julius Berger Nigeria Plc, please still kindly allow me to say it feels good to be home in your midst.’’ Bayi’s respectful remark was happily received with an appreciative applause by the well-acknowledged guests.
Alhaji Bayi then proceeded to say that with a healthy sense of modesty, Julius Berger is a household name and sector leader in the construction industry in Nigeria. He added that, currently, the company is entrusted with several important federal priority projects across the country, including the geo-strategic Abuja-Kaduna-Zaria-Kano Road (AKR) project. According to Bayi, Since the inception of the AKR project, as part of the company’s standing culture of Corporate Social Responsibility and its derived initiatives, Julius Berger has proactively collaborated with and positively touched lives in its host communities along the project corridor. “We have achieved our Corporate Social Responsibility objectives by providing either new or making worthy improvement to existing utilities or amenities. Our CSR activities ranged from drilling of boreholes to supply water to our host communities, construction or renovation of classrooms, and donation of textbooks and other teaching, learning and sporting aids to schools, ’’ said Bayi. Other Julius Berger CSR contributions, said Bayi, include hospital donations and related needs such as ambulances, beds, mattresses, personal protective equipment to protect against the Covid-19 pandemic, emergency food supply through the Julius Berger ‘Food for our Communities’ Campaign; and insecticide treated mosquito nets to protect pregnant women and children from the deadly scourge of malaria.
The distribution of food palliatives was also extended to orphanages to mark the International Day of Charity and, most recently, to communities affected by the recent and sad flood inundation.
All along the Abuja-Kaduna-Zaria-Kano road corridor, several communities, he said, have benefited from Julius Berger‘s Corporate Social Responsibility activities.
Bayi further informed the gathering that, significantly, as a deliberate policy targeted at empowering its host communities, Julius Berger ensured that local contractors were used in executing all the projects and procurement of the items either in the form of construction materials or commodities. “Selection of beneficiaries of these projects was also tactically done on the basis of fair spread of community empowerment.”
According to Bayi, most distributed Julius Berger CSR items were also sourced locally from host communities. “This impacted positively on the economy of these communities through job creation and enhancement of local purchasing power….On the average, over 500 direct and indirect jobs were created from the execution of these Julius Berger Corporate Social Responsibility projects.’’
Alhaji Bayi informed the gathering that it was in line with Julius Berger’s proactive CSR policy that the Jam’iyyar Matan Arewa (JMA) Orphanage, Kaduna, which forms part of the host communities of the Abuja-Kano Road Project, was identified as a suitable institution that should benefit from Julius Berger’s Corporate Social Responsibility contribution. This led to the decision to embark on some rehabilitation works at the orphanage that was in dire need of restoration.
While commending the respected President of Jam’iyyar Matan Arewa (JMA) and her team for their commitment to selflessly revamp the Orphanage and its schools, Alhaji Bayi added that, the main driver of Julius Berger’s Corporate Social Responsibility intervention is to restore the historical monument to again reflect the vision of its founders and their lasting commitment to society’s well-being.
Julius Berger officially thereafter handed over the renovated Jam’iyyar Matan Arewa (JMA) Orphanage to its President, Hajiya Rabi Saulawa and its Board of Trustees.
Julius Berger was thereafter given an award as an “Outstanding and compassionate Organization with a self-recommending Corporate Social Responsibility Culture.”
At the end of the ceremony, senior officials of Julius Berger Nigeria Plc who were present at the ceremony, including the executive director of administration, Alhaji Zubairu Ibrahim Bayi, the technical director of the ongoing Abuja-Kaduna-Zaria-Kano road construction works, Engr. Benjamin Booth, and the Project Commercial Manager, Mr. Ralf Brendicke were all decorated by the President of Jam’iyyar Matan Arewa (JMA) with colourful togas bearing the historical Arewa Star as “Representatives of a Company Robustly in Support of Women Empowerment.”
Other important dignitaries who attended the event in Kaduna included the Hakemi Kawu, Alhaji Jibrin Mohammed Magaji who represented His Royal Highness, the Emir of Zazzau, Alh. Suleiman (Turakin Zazzau), the ageless Kaduna Matriarch, Hajiya Hon. Saudatu Sani, former Chief of Staff to Governor Nasir El-Rufai and Senatorial aspirant, Kaduna Central, Alhaji Mohammed Sanni Datijo, Hon. Shehu Balarabe, Alhaji Sani Garba, HRH Hajiya Aishatu Amina Dantoro (nee Yahaya Guasau), Mrs Salomi Gwamna Kennedy, who represented the Hon. Commissioner for Education for Kaduna State; and Alhaji Balomi, the executive Chairman of Kaduna North Local Government Area, amongst many others.
Jam’iyyar Matan Arewa (JMA) is an umbrella social and non-political organization of women in Northern Nigeria from all backgrounds regardless of their religion, tribe and social status leadind and driving the process of women empowerment in the Nothern parts of the country.
Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “direct the Minister of Power, Goddy Jedy-Agba and the Chairman/CEO, Nigerian Electricity Regulatory Commission (NERC), Professor James Momoh to immediately reverse the unlawful, unjust and unreasonable increase in electricity tariff, which reportedly occurred in December 2022.”
SERAP also urged him to “ensure the investigation of the spending of public funds as ‘investments and bailouts’ by successive governments to electricity distribution companies (DisCos) and generating companies (GenCos) since 2005, and prosecution of cases of corruption and mismanagement.”
Following reported approval by the Nigerian Electricity Regulatory Commission (NERC), electricity tariffs were increased across DisCos in the country in December 2022. Several prepaid customers have reportedly confirmed the increase. Both the Minister of Power and NERC have refused to confirm or deny the increase.
In the letter dated 7 January, 2023 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The increase in electricity tariff would exacerbate the extreme poverty across the country, and undermine the ability of millions of Nigerians to satisfy basic human needs.”
SERAP said, “the increase in electricity tariff failed to follow due process. It is entirely inconsistent and incompatible with the provisions of the Nigerian Constitution of 1999 [as amended], the Electric Power Sector Reform Act and the country’s international human rights obligations.”
According to SERAP, “millions of Nigerians continue to live in darkness despite the spending by successive governments of trillions of naira as investments and bailouts to electricity companies.”
The letter, read in part: “the increase is unjustified, especially given the unreliable, inefficient and poor quality of electricity in the country. Rather than providing electricity discounts to poor Nigerians, successive governments continue to give bailouts to electricity companies.”
“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest.”
“Your government should have used the report by the National Bureau of Statistics (NBS), which shows damning revelations that some 133 million Nigerians are poor as a basis to improve access to regular electricity supply, and extend electricity to remote rural households.”
“The latest increase in electricity tariff is coming on the heels of the NBC report which shows that over half of the population of Nigeria are multidimensionally poor and cook with dung, wood or charcoal, rather than cleaner energy. High deprivations are also apparent nationally in sanitation, time to healthcare, food insecurity, and housing.”
“Access to regular electricity supply would improve the quality of life of the population.”
“Electricity is an essential public service but millions of Nigerians continue to pay the price for corruption in the electricity sector–staying in darkness, but still made to pay crazy electricity bills. Electricity supply remains inadequate and irregular.”
“Regular and uninterrupted access to electricity is a fundamental human right. Your government has legal obligations to ensure that the operations of NERC and electricity companies do not impair the effective enjoyment of the right.”
“Access to affordable electricity services is a prerequisite for improving the condition of people living in poverty. It is a means to generate other important services that mitigate poverty, bearing in mind that access to electricity facilitates the eradication of poverty.”
“The hike in tariff would increase financial burdens for socially and economically vulnerable Nigerians and further marginalize and disproportionately affect them, and exacerbate their vulnerability to discrimination.”
“The failure of successive governments and high-ranking government officials to prevent widespread and systematic corruption in the electricity sector and to bring suspected perpetrators to justice is the primary cause of the exploitation of electricity consumers.”
“Investigating the spending of investments and bailouts by successive governments in DISCOS and prosecuting anyone suspected of corruption and mismanagement of public funds, and recovering any proceeds of crime would end a culture of impunity in the power sector, and improve access to and affordability of electricity in Nigeria.”
“Successive governments have failed to increase power generation and provide Nigerians with regular and uninterrupted electricity supply, with many electricity contracts shrouded in secrecy, and trillions of Naira going down the drain.
“Section 14(2)(b) of the Nigerian Constitution of 1999 [as amended] provides that, ‘the security and welfare of the people shall be the primary purpose of government.’”
“Under Section 16(1)(a)(b), your government has the obligations to ‘harness the resources of the nation and promote national prosperity and an efficient, a dynamic and self-reliant economy’, and to ‘secure the maximum welfare, freedom and happiness of every citizen.’”
“Nigeria has also ratified the African Charter on Human and Peoples’ Rights and the International Covenant on Economic, Social and Cultural Rights, which recognize legally enforceable economic and social rights, such as the rights to education, health, safe food and clean water, security, and shelter.”
“Your government also has legal obligations to ensure that socially and economically vulnerable Nigerians including the 133 million the NBC documents as poor enjoy non-discriminatory access to basic household services including electricity.”
“Under Chapter 2 of the 1999 Constitution of Nigeria dealing with Fundamental Objectives and Directive Principles of State Policy, high-level public officials have a clear obligation to ‘eradicate all corrupt practices and abuse of power. Furthermore, the constitution prohibits the exploitation of Nigeria’s human and natural resources for any reasons other than for the good of the community.”
“Articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on your government to ensure proper management of public affairs and public funds, and to promote sound and transparent administration of public affairs.”
“The African Commission on Human and Peoples’ Rights has adjudged the failure of the States to provide basic services such as electricity as violating the right to health.”
Kolawole Oluwadare
SERAP Deputy Director
8/1/2023
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202
LEGAL PRACTITIONERS, ARBITRATORS & NOTARY PUBLIC
GOTTGUNST VILLA
27, Gbiaye Street
3rd Marine Gate, Warri, Nigeria
Tel: 08033136059
E-mails: info@amaetulegal.org
amaetulegal@yahoo.com
ama.etuwewe@amaetulegal.org
www.amaetulegal.org
JANUARY 2, 2023.
THE HONOURABLE ATTORNEY GENERAL AND MINISTER OF JUSTICE
ATTORNEY GENERAL’S CHAMBERS
MINISTRY OF JUSTICE MAITAMA,
ABUJA.
Dear Sir,
RE: PENDING SUIT FILED BY THE ITSEKIRI ETHNIC NATIONALITY; ORDER OF THE FEDERAL HIGH COURT ABUJA, TOGETHER WITH AN APPLICATION TO SET ASIDE THE PURPORTED SCREENING AND CONFIRMATION OF MRS. L
AURETTA ONOCHIE AND CHIEF SAMUEL OGBUKU AS CHAIRMAN AND MANAGING DIRECTOR RESPECTIVELY OF THE NDDC BY THE SENATE OF THE NATIONAL ASSEMBLY CARRIED OUT ON DECEMBER 21, 2022, IN THE FACE OF THE PROCESSES AND ORDER OF COURT IN SUIT NO. FHC/ABJ/CS/2294/2022, IN WHICH YOU ARE A PARTY.
MATTERS ARISING THEREOF:
As you are aware, we act as Solicitors to the ITSEKIRI ETHNIC NATIONALITY ably represented by CHIEF EDWARD EKPOKO, MR. EDWARD OMAGBEMI & ENGINEER VICTOR WOOD, whom we shall hereinafter refer to as our Clients and we write to you on their precise, concise and unequivocal instructions.
iii. A Declaration that the nomination of the 5th Defendant who hails from a non-oil producing area in Delta State as the next Chairman of the Niger-Delta Development Commission is unlawful and contrary to the intent and purpose of the Niger-Delta Development Commission Act.
vii. A declaration that by virtue of the provisions of the Niger-Delta Development Commission Act, 2000 as amended, the Plaintiffs as suitable members of the ltsekiri nationality of Delta State are qualified to be nominated as the next Chairman and Managing Director respectively of the Niger-Delta Development Commission.
viii. Any further order(s) as this Honourable Court may deem fit to make in the circumstances.
10.0. Our Clients on December 12, 2022, filed an ex-parte application seeking the following reliefs from the Federal High Court, Abuja, to wit;
AND/OR
11.0. As is customary, our Clients accompanied the ex-parte application with a motion on notice filed on December 12, 2022, seeking the following reliefs to wit;
AND/OR
12.0 The Federal High Court on December 15, 2022, in refusing reliefs 1 and 2 of our Clients’ ex-parte application filed on December 12, 2022, ordered the parties in the suit not to take any step that will render nugatory our Clients’ pending application for interlocutory injunction filed on December 12, 2022.
13.0 The Court also emphatically ordered that any act or step or action taken in order to render nugatory. the outcome of our Clients’ motion for interlocutory injunction filed on December 12, 2022, and scheduled for hearing on January 11, 2023, shall be a nullity. A copy of the said Order has been duly served on all the parties including your office.
14.0 Despite the fact that all the Defendants, your office inclusive, were served with the originating process, our Clients’ application for interlocutory injunction and the order of the Court restraining all parties from acting otherwise, the leadership of the Senate of the National Assembly proceeded to screen and confirm Mrs. Lauretta Onochie and Chief Samuel Ogbuku as the substantive Chairman and Managing Director respectively, of the Niger Delta Development Commission, on December 20, 2022.
15.0 Further displeased by the brazen act of the National Assembly in proceeding defiantly to screen and confirm Mrs. Lauretta Onochie and Chief Samuel Ogbuku as the substantive Chairman and Managing Director respectively of the Niger Delta Development Commission in gross and total disregard to the order of Court restraining all parties from taking any step capable of rendering nugatory our clients’ motion on notice for interlocutory injunction,, our Clients on December 22, 2022, filed an application at the Federal High Court seeking inter alia the following relief;
AN ORDER setting aside the purported screening and confirmation of the 5th and 6th Defendants on December 20, 2022, by the 3rd and 4th Defendants during the pendency of the order of this Honourable Court delivered on December 15, 2022, restraining the parties from taking any step that may render nugatory the outcome of the Applicants’ pending application for interlocutory injunction.
All the Defendants have been served with the said application.
16.0 Whilst our Clients’ suit and in fact their most recent application to set aside the screening and confirmation of Mrs. Lauretta Onochie and Chief Samuel Ogbuku as Chairman and Managing Director respectively of the NDDC by the Senate of the National assembly has not been determined, our Clients are aware and already in the public domain, that the Honourable Minister of the Ministry of Niger Delta Affairs is making plans and has circulated letters to that effect, to inaugurate Mrs. Lauretta Onochie and Chief Samuel Ogbuku on January 4, 2023, at the Transcorp Hilton Hotel Abuja, as ·the substantive Chairman and Managing Director respectively of the NDDC. The Minister has hinged his brazen disregard of the order of the court and the due process of law, on the purported approval of the President of the Federal Republic of Nigeria who is the 1st Defendant in the suit under reference.
17.0 As the Chief Law Officer of the Federal Republic of Nigeria and a party in the suit, you are doubtless aware of the position of the law which is to the effect that once there is a pending litigation, all parties to the suit are expected to stay every action that will adversely affect the outcome of the adjudicatory process so as not to render the said process a nullity and foist upon the court a fait accompli. We most humbly refer you to the case of EZEGBU v. F.A.T.B. LTD. (1992) 1 NWLR PART 220 PAGE 699 PARTICULARLY AT PAGE 724, where NIKI TOBI J.C.A. (as he then was) stated thus:
“Where a matter is before a court of law, none of the parties can legally or lawfully take any unilateral decision that will prejudice or tend to prejudice the hearing or adjudication of the matter by the court. Parties who have submitted to the jurisdiction of the court are under a legal duty not to do anything to frustrate or make nonsense a possible court order. They must, whether they like it or not, wait for the court order. They must whether they like it or not wait for the court to take a decision one way or the order. The procedure at arriving at a decision may be slow. It may even be sluggish. But the parties cannot jump the gun and do their own thing their own way. That will be tantamount to undermining the integrity of the court. What I am saying in effect is that a party who has submitted to the jurisdiction of the court is not entitled to resort to self-help. That will be chaos and disability of the social equilibrium if the opposing party reacts.
None of the parties to a litigation process before a court of law is allowed to take the law into his own hands and foist upon the court a fait accompli thereby rendering it impossible for the court to arrive at a decision one way or the other on the merit of the issue before it render any decision it may take nugatory or futile”.
18.0 Furtherance to the reliefs being claimed by our Clients in the suit, there is a pending application filed by our clients seeking an injunction against the Defendants for an order of Court restraining the Defendants from taking steps capable of rendering nugatory the pending application for interlocutory injunction and an application seeking to set aside the confirmation made by the Senate of the National Assembly, which step more to undermining the Judiciary’s role and the Rule of Law, has pre determined the issues presented by our Clients for judicial determination in the substantive suit.
19.0 Having notified your humble self and the other Defendants of the pendency of an application for injunction, we wish to draw your attention to the following judicial authorities on the duty of a party or parties where there is a pending application for injunction. In the case of ELF MARKETING (NIG.) v. J.L. OYENEYIN 8: SONS (1995) 7 NWLR PART 407, PAGE 371 AT 380 PARAGRAPHS A-8, the Court held thus:
“Once the court is seized of a matter, no party has a right to take the matter into his own hands. Thus, after a defendant has been notified of the pendency of a suit seeking an injunction against him, even though a temporary injunction be not granted, that party acts at his peril and is subject to the power of the court to restore the status wholly irrespective of the merit as may be ultimately decided…”
20.0 Furthermore, in the case of OKEKE-OBA v. OKOYE (1994) 8 NWLR. PART 364, PAGE 605 AT 617-618 PARAGRAPHS H-A, the Court stated as follows:
“The general practice is that an application for an order of interlocutory injunction, all activities affecting the res, here the land in dispute, are automatically terminated as a mark of respect to the court before whom the application is pending. Such practice is encouraged by counsel in good chambers consistent with the ethics of the profession”.
21.0 THE LEGAL IMPLICATIONS OF SUIT NO. FHC/ABJ/CS/2294/2022: CHIEF EDWARD EKPOKO 8: 2 ORS. v. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA 8: 5 ORS.
22.0 We wish to state without any iota of doubt that in the light of the development set out herein, no step whatsoever should be taken by the Federal Government to inaugurate Mrs. Lauretta Onochie and Chief Samuel Ogbuku as same will not only jeopardize the outcome of the litigation process but concomitantly operate to completely erase the confidence reposed in the Judiciary by the common man and a clog in the wheel of the administration of justice.
23.0 We have cause to believe, as documentary evidence clearly suggests, that the Federal Government through the Minister of the Ministry of Niger Delta Affairs, is making frantic and brazen efforts to inaugurate Mrs. Lauretta Onochie and Chief Samuel Ogbuku as the substantive Chairman and Managing Director respectively of the Niger Delta Development Commission despite the pendency of the suit as well as several applications, and order made by the Court, with the sole aim of stealing a match, stultifying the ·court process and bringing the Rule of Law to ridicule.
24.0 CONCLUSION:
Our Clients have done all that is required of them by submitting for judicial consideration and determination their grievances against the Executive and Legislative Arms of Government, it behooves these Arms of Government to resist the urge to defy the Judiciary and indeed the judicial process by refraining from conducts which will render nugatory issues presented by our Clients to the Court.
25.0 The attendant implications on the faith and belief of the common man are dire and would almost be dampened if the Executive and the Legislative Arms of Government continue to bond towards shattering the fabric and fibre of the judicial process upon which true democracy is enshrined; which the Judiciary seeks to mend and this certainly does not bode well for the Rule of Law if a precedent of Executive and Legislative disregard to court orders, is so easily displayed with impunity, just before the forthcoming general elections.
26.0 Having fought to ensure that there is peace and stability in the Country, it would be manifestly antithetical to the goals of this Administration of which you are a key player, if solely for a refusal to await and comply with the judicial process, all the Executive has worked for in the past seven (7) years, translates to naught.
27.0 We are of the firm belief, taking into cognizance the judicial authorities referred to above, that as the Chief Law Officer of the Federal Republic of Nigeria, and a strong proponent of the Rule of Law, you will not in any way advise the President and indeed the Minister of the Ministry of Niger Delta Affairs, to proceed with the inauguration of Mrs. Lauretta Onochie and Chief Samuel Ogbuku on January 4, 2023, as the Chairman and Managing Director respectively of the NDDC and or concretize their positions, pending the outcome of the adjudicatory process already initiated by our Clients.
28.0 Trusting you will advise the relevant parties on the need to allow the judicial process take its course and refrain from taking steps which will ridicule the Rule of Law and further weaken our nascent democratic structure.
We remain,
Very truly yours,
PP: AMA ETUWEWE (SAN) & CO.
AMA ETUWEWE, SAN.
CC: THE HONOURABLE MINISTER
MINISTRY OF NIGER DELTA AFFAIRS
ABUJA.
AMA ETUWEWE (SAN) & CO.
LEGAL PRACTITIONERS, ARBITRATORS & NOTARY PUBLIC
GOTTGUNST VILLA
27, Gbiaye Street
3rd Marine Gate, Warri, Nigeria
Tel: 08033136059
E-mails: info@amaetulegal.org
amaetulegal@yahoo.com
ama.etuwewe@amaetulegal.org
www.amaetulegal.org
JANUARY 2, 2023.
THE HONOURABLE ATTORNEY GENERAL AND MINISTER OF JUSTICE
ATTORNEY GENERAL’S CHAMBERS
MINISTRY OF JUSTICE MAITAMA,
ABUJA.
Dear Sir,
RE: PENDING SUIT FILED BY THE ITSEKIRI ETHNIC NATIONALITY; ORDER OF THE FEDERAL HIGH COURT ABUJA, TOGETHER WITH AN APPLICATION TO SET ASIDE THE PURPORTED SCREENING AND CONFIRMATION OF MRS. LAURETTA ONOCHIE AND CHIEF SAMUEL OGBUKU AS CHAIRMAN AND MANAGING DIRECTOR RESPECTIVELY OF THE NDDC BY THE SENATE OF THE NATIONAL ASSEMBLY CARRIED OUT ON DECEMBER 21, 2022, IN THE FACE OF THE PROCESSES AND ORDER OF COURT IN SUIT NO. FHC/ABJ/CS/2294/2022, IN WHICH YOU ARE A PARTY.
MATTERS ARISING THEREOF:
As you are aware, we act as Solicitors to the ITSEKIRI ETHNIC NATIONALITY ably represented by CHIEF EDWARD EKPOKO, MR. EDWARD OMAGBEMI & ENGINEER VICTOR WOOD, whom we shall hereinafter refer to as our Clients and we write to you on their precise, concise and unequivocal instructions.
iii. A Declaration that the nomination of the 5th Defendant who hails from a non-oil producing area in Delta State as the next Chairman of the Niger-Delta Development Commission is unlawful and contrary to the intent and purpose of the Niger-Delta Development Commission Act.
vii. A declaration that by virtue of the provisions of the Niger-Delta Development Commission Act, 2000 as amended, the Plaintiffs as suitable members of the ltsekiri nationality of Delta State are qualified to be nominated as the next Chairman and Managing Director respectively of the Niger-Delta Development Commission.
viii. Any further order(s) as this Honourable Court may deem fit to make in the circumstances.
10.0. Our Clients on December 12, 2022, filed an ex-parte application seeking the following reliefs from the Federal High Court, Abuja, to wit;
AND/OR
11.0. As is customary, our Clients accompanied the ex-parte application with a motion on notice filed on December 12, 2022, seeking the following reliefs to wit;
AND/OR
12.0 The Federal High Court on December 15, 2022, in refusing reliefs 1 and 2 of our Clients’ ex-parte application filed on December 12, 2022, ordered the parties in the suit not to take any step that will render nugatory our Clients’ pending application for interlocutory injunction filed on December 12, 2022.
13.0 The Court also emphatically ordered that any act or step or action taken in order to render nugatory. the outcome of our Clients’ motion for interlocutory injunction filed on December 12, 2022, and scheduled for hearing on January 11, 2023, shall be a nullity. A copy of the said Order has been duly served on all the parties including your office.
14.0 Despite the fact that all the Defendants, your office inclusive, were served with the originating process, our Clients’ application for interlocutory injunction and the order of the Court restraining all parties from acting otherwise, the leadership of the Senate of the National Assembly proceeded to screen and confirm Mrs. Lauretta Onochie and Chief Samuel Ogbuku as the substantive Chairman and Managing Director respectively, of the Niger Delta Development Commission, on December 20, 2022.
15.0 Further displeased by the brazen act of the National Assembly in proceeding defiantly to screen and confirm Mrs. Lauretta Onochie and Chief Samuel Ogbuku as the substantive Chairman and Managing Director respectively of the Niger Delta Development Commission in gross and total disregard to the order of Court restraining all parties from taking any step capable of rendering nugatory our clients’ motion on notice for interlocutory injunction,, our Clients on December 22, 2022, filed an application at the Federal High Court seeking inter alia the following relief;
AN ORDER setting aside the purported screening and confirmation of the 5th and 6th Defendants on December 20, 2022, by the 3rd and 4th Defendants during the pendency of the order of this Honourable Court delivered on December 15, 2022, restraining the parties from taking any step that may render nugatory the outcome of the Applicants’ pending application for interlocutory injunction.
All the Defendants have been served with the said application.
16.0 Whilst our Clients’ suit and in fact their most recent application to set aside the screening and confirmation of Mrs. Lauretta Onochie and Chief Samuel Ogbuku as Chairman and Managing Director respectively of the NDDC by the Senate of the National assembly has not been determined, our Clients are aware and already in the public domain, that the Honourable Minister of the Ministry of Niger Delta Affairs is making plans and has circulated letters to that effect, to inaugurate Mrs. Lauretta Onochie and Chief Samuel Ogbuku on January 4, 2023, at the Transcorp Hilton Hotel Abuja, as ·the substantive Chairman and Managing Director respectively of the NDDC. The Minister has hinged his brazen disregard of the order of the court and the due process of law, on the purported approval of the President of the Federal Republic of Nigeria who is the 1st Defendant in the suit under reference.
17.0 As the Chief Law Officer of the Federal Republic of Nigeria and a party in the suit, you are doubtless aware of the position of the law which is to the effect that once there is a pending litigation, all parties to the suit are expected to stay every action that will adversely affect the outcome of the adjudicatory process so as not to render the said process a nullity and foist upon the court a fait accompli. We most humbly refer you to the case of EZEGBU v. F.A.T.B. LTD. (1992) 1 NWLR PART 220 PAGE 699 PARTICULARLY AT PAGE 724, where NIKI TOBI J.C.A. (as he then was) stated thus:
“Where a matter is before a court of law, none of the parties can legally or lawfully take any unilateral decision that will prejudice or tend to prejudice the hearing or adjudication of the matter by the court. Parties who have submitted to the jurisdiction of the court are under a legal duty not to do anything to frustrate or make nonsense a possible court order. They must, whether they like it or not, wait for the court order. They must whether they like it or not wait for the court to take a decision one way or the order. The procedure at arriving at a decision may be slow. It may even be sluggish. But the parties cannot jump the gun and do their own thing their own way. That will be tantamount to undermining the integrity of the court. What I am saying in effect is that a party who has submitted to the jurisdiction of the court is not entitled to resort to self-help. That will be chaos and disability of the social equilibrium if the opposing party reacts.
None of the parties to a litigation process before a court of law is allowed to take the law into his own hands and foist upon the court a fait accompli thereby rendering it impossible for the court to arrive at a decision one way or the other on the merit of the issue before it render any decision it may take nugatory or futile”.
18.0 Furtherance to the reliefs being claimed by our Clients in the suit, there is a pending application filed by our clients seeking an injunction against the Defendants for an order of Court restraining the Defendants from taking steps capable of rendering nugatory the pending application for interlocutory injunction and an application seeking to set aside the confirmation made by the Senate of the National Assembly, which step more to undermining the Judiciary’s role and the Rule of Law, has pre determined the issues presented by our Clients for judicial determination in the substantive suit.
19.0 Having notified your humble self and the other Defendants of the pendency of an application for injunction, we wish to draw your attention to the following judicial authorities on the duty of a party or parties where there is a pending application for injunction. In the case of ELF MARKETING (NIG.) v. J.L. OYENEYIN 8: SONS (1995) 7 NWLR PART 407, PAGE 371 AT 380 PARAGRAPHS A-8, the Court held thus:
“Once the court is seized of a matter, no party has a right to take the matter into his own hands. Thus, after a defendant has been notified of the pendency of a suit seeking an injunction against him, even though a temporary injunction be not granted, that party acts at his peril and is subject to the power of the court to restore the status wholly irrespective of the merit as may be ultimately decided…”
20.0 Furthermore, in the case of OKEKE-OBA v. OKOYE (1994) 8 NWLR. PART 364, PAGE 605 AT 617-618 PARAGRAPHS H-A, the Court stated as follows:
“The general practice is that an application for an order of interlocutory injunction, all activities affecting the res, here the land in dispute, are automatically terminated as a mark of respect to the court before whom the application is pending. Such practice is encouraged by counsel in good chambers consistent with the ethics of the profession”.
21.0 THE LEGAL IMPLICATIONS OF SUIT NO. FHC/ABJ/CS/2294/2022: CHIEF EDWARD EKPOKO 8: 2 ORS. v. THE PRESIDENT, FEDERAL REPUBLIC OF NIGERIA 8: 5 ORS.
22.0 We wish to state without any iota of doubt that in the light of the development set out herein, no step whatsoever should be taken by the Federal Government to inaugurate Mrs. Lauretta Onochie and Chief Samuel Ogbuku as same will not only jeopardize the outcome of the litigation process but concomitantly operate to completely erase the confidence reposed in the Judiciary by the common man and a clog in the wheel of the administration of justice.
23.0 We have cause to believe, as documentary evidence clearly suggests, that the Federal Government through the Minister of the Ministry of Niger Delta Affairs, is making frantic and brazen efforts to inaugurate Mrs. Lauretta Onochie and Chief Samuel Ogbuku as the substantive Chairman and Managing Director respectively of the Niger Delta Development Commission despite the pendency of the suit as well as several applications, and order made by the Court, with the sole aim of stealing a match, stultifying the ·court process and bringing the Rule of Law to ridicule.
24.0 CONCLUSION:
Our Clients have done all that is required of them by submitting for judicial consideration and determination their grievances against the Executive and Legislative Arms of Government, it behooves these Arms of Government to resist the urge to defy the Judiciary and indeed the judicial process by refraining from conducts which will render nugatory issues presented by our Clients to the Court.
25.0 The attendant implications on the faith and belief of the common man are dire and would almost be dampened if the Executive and the Legislative Arms of Government continue to bond towards shattering the fabric and fibre of the judicial process upon which true democracy is enshrined; which the Judiciary seeks to mend and this certainly does not bode well for the Rule of Law if a precedent of Executive and Legislative disregard to court orders, is so easily displayed with impunity, just before the forthcoming general elections.
26.0 Having fought to ensure that there is peace and stability in the Country, it would be manifestly antithetical to the goals of this Administration of which you are a key player, if solely for a refusal to await and comply with the judicial process, all the Executive has worked for in the past seven (7) years, translates to naught.
27.0 We are of the firm belief, taking into cognizance the judicial authorities referred to above, that as the Chief Law Officer of the Federal Republic of Nigeria, and a strong proponent of the Rule of Law, you will not in any way advise the President and indeed the Minister of the Ministry of Niger Delta Affairs, to proceed with the inauguration of Mrs. Lauretta Onochie and Chief Samuel Ogbuku on January 4, 2023, as the Chairman and Managing Director respectively of the NDDC and or concretize their positions, pending the outcome of the adjudicatory process already initiated by our Clients.
28.0 Trusting you will advise the relevant parties on the need to allow the judicial process take its course and refrain from taking steps which will ridicule the Rule of Law and further weaken our nascent democratic structure.
We remain,
Very truly yours,
PP: AMA ETUWEWE (SAN) & CO.
AMA ETUWEWE, SAN.
CC: THE HONOURABLE MINISTER
MINISTRY OF NIGER DELTA AFFAIRS
ABUJA.
Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the oil producing states in Nigeria over “their failure to account for the spending of the oil derivation refunds of N625bn recently paid to them by the Federal Government, including details and locations of projects executed with the money.”
The Federal Government recently paid N625.43 billion oil derivation refunds to the governors of Abia, Akwa Ibom, Bayelsa, Delta, Edo, Rivers, Ondo, Imo and Cross River states. The payments covered 13 percent oil derivation, subsidy, and SURE-P refunds. The refunds date from 1999 to 2021.
In the suit number FHC/ABJ/CS/2371/2022 filed last Friday at the Federal High Court, Abuja, SERAP is asking the court to “direct and compel the governors to disclose and widely publish the details of spending of the oil derivation refunds, subsidy, and SURE-P refunds.”
SERAP is also asking the court to “compel President Muhammadu Buhari to direct anti-corruption agencies to thoroughly investigate the spending of the public funds collected by the governors, and where appropriate, ensure the prosecution of suspected perpetrators of corruption, and the recovery of proceeds of corruption.”
In the suit, SERAP is arguing that, “The Nigerian Constitution 1999 [as amended], the Freedom of Information Act, and the African Charter on Human and Peoples’ Rights impose transparency obligations on the governors to disclose the spending of the oil derivation refunds, subsidy, and SURE-P refunds.”
SERAP is also arguing that, “State governors cannot hide under the excuse that the Freedom of Information Act is not applicable to their states. The governors also have clear legal obligations to provide the information, as prescribed by the provisions of the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.”
According to SERAP, “It is in the public interest and the interest of justice to grant this application. Nigerians are entitled to their constitutionally and internationally recognized human right to information.”
SERAP is also arguing that, “The constitutional principle of democracy provides a foundation for Nigerians’ right to know details of spending of public funds. Citizens’ right to know promotes openness, transparency, and accountability that is in turn crucial for the country’s democratic order.”
SERAP is also arguing that, “The public interest in obtaining the information about expenditures relating to the refunds outweighs any other interests. The oversight afforded by public access to such details would serve as an important check on the activities of the governors, and help to prevent abuses of the public trust.”
The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Valentina Adegoke, read in part: “The Nigerian Constitution, Freedom of Information Act, and the country’s international obligations rest on the principle that citizens should have access to information regarding their government’s activities.”
“Disclosing details of the spending of the oil derivation refunds, subsidy and SURE-P refunds would allow Nigerians to scrutinise it, and to monitor the spending of the refunds to ensure that the money is not mismanaged, diverted or stolen.”
“The effective operation of representative democracy depends on the people being able to scrutinise, discuss and contribute to government decision making, including on the spending of the oil derivation refunds.”
“To do this, they need information to enable them to participate more effectively in the management of public funds by their state governments.”
“Publishing the details of the spending of the refunds would ensure that persons with public responsibilities are answerable to the people for the performance of their duties including the management of refunds.”
“The Freedom of Information Act, Section 39 of the Nigerian Constitution, article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights guarantee to everyone the right to information, including about how the oil derivation refunds are spent.
“By the combined reading of the provisions of the Constitution of Nigeria, the Freedom of Information Act 2011, and the African Charter on Human and Peoples’ Rights, applicable throughout Nigeria, there are transparency obligations imposed on the state governors to publish details of spending of the oil derivation refunds.”
“Under the 13 per cent derivation fund, Abia State received N4.8bn; Akwa-Ibom received N128bn; and Bayelsa got N92.2bn. Cross River got a refund of N1.3bn; Delta State received N110bn; Edo State received N11.3bn; Imo State, N5.5bn; Ondo State, N19.4bn; and Rivers State received 103.6bn.”
“On the 13 per cent derivation fund on deductions made by NNPC, Abia State received N1.1 billion; Akwa-Ibom, N15 billion; Bayelsa, N11.6 billion; Cross River, N432 million; Delta State, N14.8 billion; Edo State, N2.2 billion; and Imo State, N2.9, billion. Ondo State got N3.7 billion while N12.8 billion was paid to Rivers State.”
“The states also received N4.7 billion each, totalling N42.34 billion as refunds on withdrawals for subsidy and SURE-P from 2009 to 2015. The Federation Account also paid N3.52billion each as refund to local government councils on withdrawals for subsidy and SURE-P from 2009 to 2015.”
No date has been fixed for the hearing of the suit.
Kolawole Oluwadare
SERAP Deputy Director
1/1/2023
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202
Notable South-South leaders on Wednesday scolded the Representative of Abia North Senatorial District, Chief Orji Uzor Kalu.
They also described his comment on the appointment of Chairman and Managing Director for the Niger Delta Commission (NDDC) as ‘’an attack on oil producing areas, classic example of conceit and proposal of anarchy’’.
‘’The NDDC Act is sound on the establishment of a governing body. To abandon it is unthinkable’’
In a statement read aloud to journalists in Abuja by the Chairman of the South-South Front (SSF), Chief John Harry, the leaders said it would be a disaster to the oil producing areas if President Muhammadu Buhari is diverted by Kalu and his co-travellers from the provisions of the Niger Delta Development Commission (NDDC) Act 2000.
‘’The chairman must be an indigene of oil producing area and the office rotated amongst the member states of the Commission in the following alphabetical order. (a) Abia State; (b) Akwa-Ibom State; (c) Bayelsa State; (d) Cross-River State; (e) Delta State; (f) Edo State; (g) Imo State; (h) Ondo State; and (i) Rivers State. Also, the Managing Director, and two Executive Directors must also be indigenes of oil producing areas starting with the member states of the Commission with the highest production quantum of oil and rotated amongst member states in the order of production’’ the leaders stated.
At a conference to set the matter straight with the press, the leaders denounced Kalu as the greatest enemy of the oil producing areas and the most pronounced foe of President Buhari.
The zonal leaders praised Governor Rotimi Akeredolu, Ajayi Boroffice, Ayo Akinuelure and Nicholas Tofowomo for rejecting the Ondo State nominee, Charles Ogunmola .
‘’We consider the decision of the governor and the good people of Ondo State splendid. It is the only way to bring political cabals to their senses’’
Principally, the leaders urged President Muhammadu Buhari not to tread the disastrous path charted by Kalu but to explore paths to better and perhaps to cure fundamental problems in the oil rich region.
They urged Buhari to take steps to foil criticism by replacing Lauretta Onochie and Chief Samuel Ogbuku with Itsekiri indigenes.
Itsekiri Leaders of Thought and Omadino Unity Forum representatives, Chief Edward Ekpoko, Engineer Victor Wood and Mr. Edward Omagbemi are seeking an order quashing the nomination of Onochie and Ogbuku as NDDC Chairman and Managing Director.
They are also seeking a declaration that the nomination of Onochie, who hails from a non-oil producing area in Delta State as Chairman of NDDC and Chief Samuel Ogbuku, who hails from Bayelsa State as Managing Director of NDDC by President Buhari is unlawful for being contrary to the intent and purpose of NDDC Act.
‘’It is the turn of the Itsekiri Ethnic Nationality of Delta State to produce the Chairman and Managing Director of the Commission’’ the leaders said.
…………………………………………………………………………………………………………………………..
IN THE FEDERAL HIGH COURT OF NIGERIA
IN ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Suit No: PHC/ABJ/2294/2022
BETWEEN:
(Both representing Itsekiri Leaders
Of Thought) PLAINTIFFS/APPLICANTS
(Representing Omadino Unity Forum)
(All acting for themselves and on behalf of the
Itsekiri Ethnic Nationality of Delta state
AND
& MINISTER OF JUSTICE
MOTION OF NOTICE
BROUGHT PURSUANT TO SECTION 6 & 35(1) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED); ORDER 26 & 56 OF THE FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES, 2019 AND UNDER THE INHERENT JURISDICTION OF THIS HONORABLE COURT
TAKE NOTICE that this Honourable Court shall be moved on …………., the ……….. day of …………….2022, at the hour of 9’ 0’ clock in the forenoon or so soon thereafter as counsel may be heard on behalf of the Applicants herein praying this Honourable Court for the following orders (s):
AN ORDER setting aside the purported screening and confirmation of the 5th and 6th Defendants on December 20, 2022, by the 3rd and 4th Defendants during the pendency of the order of this Honourable Court delivered on render nugatory the outcome of the applicants’ pending application for interlocutory injunction.
And for such further order and or other orders as this Honourable Court may deem fit to make in the circumstances.
GROUNDS UPON WHICH THE APPLICATION IS MADE:
DATED THIS 22ND DAY OF DECEMBER 2022.
_______________________
AMA ETUWEWE, SAN. (Signed)
SANCHEZ AGUMOR, ESQ.
IKAYE MABIAKU, ESQ.
AMA ETUWEWE (SAN) & CO.
APPELLANT / APPLICANT’S COUNSEL
T4025, BRAINS & HAMMER ESTATE,
GWARIMPA,
ABUJA.
TEL: 08033136059
E-mail: info@amaetulegal.org
FOR SERVICES ON:
THROUGH THE OFFICE OF THE HONOURABLE ATTORNEY OF THE FEDERATION.
FEDERAL MINISTRY OF JUSTICE, HEADQUARTERS,
ABUJA.
THROUGH THE CLERK,
SENATE OF THE NATIONAL ASSEMBLY
SENATE WING,
NATIONAL ASSEMBLY COMPLEX,
THREE – ARMS ZONE, ABUJA.
ABUJA.
YENAGOA, BAYELSA STATE.
IN THE FEDERAL HIGH COURT OF NIGERIA
IN ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Suit No: PHC/ABJ/2294/2022
BETWEEN:
(Both representing Itsekiri Leaders PLAINTIFFS/
Of Thought) APPLICANTS
(Representing Omadino Unity Forum)
(All acting for themselves and on behalf of the
Itsekiri Ethnic Nationality of Delta State, Nigeria
AND
& MINISTER OF JUSTICE
AFFADAVIT IN SUPPORT OF THE MOTION ON NOTICE
(a) An order of interim injunction restraining the 3rd and 4th Defendants from screening or taking any further steps to screen or confirm the nomination of the 6th and 5th defendants as the next and substantive chairman and managing director respectively of the Niger Delta Development Commission (NDDC), pending the expiration of the statutory (three) Months Pre-Action Notice already issued on the 3rd and 4th Defendants and or the hearing and determination of the motion on notice already filed.
AND/OR
(b) AN ORDER directing that the status QUO ANTE BELLUM be maintained by the 3rd and 4th Defendants, their servants, agents, privies, employees and committees concerning the screening and confirmation of the 5th and 6th Defendants as the next and substantive chairman and managing director respectively of the Niger Delta Development Commission (NDDC) pending the expiration of the statutory (three) Months Pre-Action Notice already issued by the applicants on the 3rd and 4th Defendants on November 30, 2022 and or the hearing and determination of the motion on notice already filed.
(c) An order granting leave to the plaintiffs to serve the 5th and 6th Defendants with the originating processes in this suit by substituted means by advertising the processes in at least one national newspaper circulating within the jurisdiction of this Honorable Court and to deem same as proper service.
(d) Any order or further order as this Honorable Court may deem fit to grant in the circumstances.
seeking the following reliefs to wit:
(a) AN ORDER of interlocutory injunction restraining the 3rd and 4th from screening or confirming or taking any further step to screen or confirm the nomination of the 5th and 6th Defendants as the next and substantive Chairman and Managing Director respectively of the Niger Delta Development Commission (NDDC), Pending the hearing and determination of the substantive suit.
AND/OR
(b) An order directing that the status QUO ANTE BELLUM be maintained by the 3rd and 4th Defendants, their servants, agents, privies, employees and committees concerning the screening and confirmation of the 5th and 6th Defendants as the next and substantive chairman and managing Director Representative of the Niger Delta Development Commission (NDDC) pending the hearing and determination of the substantive suit.
(c) Any order or further orders as This Honourable Court may deem fit to grant in the circumstances.
IN THE FEDERAL HIGH COURT OF NIGERIA
IN ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Suit no: PHC/ABJ/2294/2022
BETWEEN:
(Both representing Itsekiri Leaders
Of Thought)
(Representing Omadino Unity Forum)
(All acting for themselves and on behalf of the
Itsekiri Ethnic Nationality of Delta state
AND
& MINISTER OF JUSTICE
FORM 48
NOTICE OF CONSEQUENCES OF DISOBEDIENCE TO OEDER OF COURT
TO MRS LAURETTA ONOCHIE of F. C. T Abuja.
TAKE NOTICE that unless you obey the directions contained in this order, you will be guilty of contempt of Court and will be liable to be committed to prison.
DATED THIS ………….. DAY OF ……………. 2022
_______________
REGISTRAR
IN THE FEDERAL HIGH COURT OF NIGERIA
IN ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Suit no: PHC/ABJ/2294/2022
BETWEEN:
(Both representing Itsekiri Leaders
Of Thought)
(Representing Omadino Unity Forum)
(All acting for themselves and on behalf of the
Itsekiri Ethnic Nationality of Delta state
AND
& MINISTER OF JUSTICE
FORM 48
NOTICE OF CONSEQUENCES OF DISOBEDIENCE TO OEDER OF COURT
TO CHIEF SAMUEL OGBUKU of Yenagoa, Bayelsa State.
TAKE NOTICE that unless you obey the directions contained in this order, you will be guilty of contempt of Court and will be liable to be committed to prison.
DATED THIS ………….. DAY OF ……………. 2022
_______________
REGISTRAR
IN THE FEDERAL HIGH COURT OF NIGERIA
IN ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Suit no: PHC/ABJ/2294/2022
BETWEEN:
(Both representing Itsekiri Leaders
Of Thought)
(Representing Omadino Unity Forum)
(All acting for themselves and on behalf of the
Itsekiri Ethnic Nationality of Delta state
AND
& MINISTER OF JUSTICE
FORM 48
NOTICE OF CONSEQUENCES OF DISOBEDIENCE TO OEDER OF COURT
TO MRS LAURETTA ONOCHIE of F. C. T Abuja.
TAKE NOTICE that unless you obey the directions contained in this order, you will be guilty of contempt of Court and will be liable to be committed to prison.
DATED THIS ………….. DAY OF ……………. 2022
Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari over “the failure to thoroughly, effectively and transparently investigate spending on all social safety-nets and poverty alleviation programmes and projects executed between 2015 and 2022.”
Joined in the suit as Respondent is the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN).
A recent report by the National Bureau of Statistics (NBS) shows damning revelations that some 133 million Nigerians are poor, despite the government reportedly spending N500 billion yearly on ‘social investment programmes.’ Half of all poor people in the country are children.
In the suit number FHC/ABJ/CS/2357/2022 filed last Friday at the Federal High Court, Abuja, SERAP is asking the court to “direct and compel President Buhari to thoroughly and transparently investigate the spending on all social safety-nets and poverty alleviation programs and projects executed between 2015 and 2022.”
SERAP is also asking the court to “direct and compel President Buhari to ensure that suspected perpetrators of corruption and mismanagement of public funds meant to take care of the poor face prosecution, as appropriate, and any stolen public funds are recovered.”
In the suit, SERAP is arguing that, “Nigerians have the right to be free from poverty. Allegations of corruption in social safety-nets and poverty alleviation programmes pose both direct and indirect threats to human rights, and contribute to extreme poverty in the country.”
SERAP is also arguing that, “Investigating the allegations of corruption in the spending on social safety-nets and poverty alleviation programmes and projects and recovering any stolen public funds would serve the public interest.”
According to SERAP, “The Federal Government has a legal responsibility to ensure transparency and accountability in how public funds are spent, to reduce vulnerability to corruption and mismanagement.”
SERAP is also arguing that, “The government has legal obligations to effectively and progressively address and combat extreme poverty as a matter of human rights.”
The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Kehinde Oyewumi, and Blessing Ogwuche, read in part: “The failure to address extreme poverty has resulted in high levels of inequality, and serious violations of economic and social rights of socially and economically vulnerable Nigerians.”
“The NBS report suggests a grave violation of the public trust, and the lack of political will by the government to uphold the country’s constitutional and international human rights obligations.”
“The consequences of corruption are felt by citizens on a daily basis. Corruption exposes them to additional costs to pay for health, education and administrative services.”
“Corruption undermines economic development of the country, trapping the majority of Nigerians in poverty and depriving them of employment opportunities.”
“Extreme poverty is the greatest denial of the exercise of human rights, as it denies millions of Nigerians not only their economic and social rights but also civil and political rights such as the rights to life, human dignity, and political participation.”
“The failure to address extreme poverty has resulted in high levels of inequality, and serious violations of economic and social rights of Nigerians, particularly the socially and economically vulnerable sector of the population.”
“The report that 133 million Nigerians are poor suggests corruption and mismanagement in the spending of trillion of naira on social safety-nets and poverty alleviation programmes, including the reported disbursement of over $700 million from the repatriated Abacha looted funds to these programmes.”
“The report also shows that the purported social safety-nets and poverty alleviation programmes are clearly not working. It also shows a failure by the government to uphold the constitutionally and internationally guaranteed human rights of the Nigerian people.”
“The government has a sacred duty to ensure transparency and accountability in the spending of the country’s resources, including the spending of public funds on social safety-nets and poverty alleviation programmes and projects.”
“Section 14(2)(b) of the Nigerian Constitution of 1999 [as amended] provides that, ‘the security and welfare of the people shall be the primary purpose of government.’”
“Under Section 16(1)(a)(b), the government has the obligations to ‘harness the resources of the nation and promote national prosperity and an efficient, a dynamic and self-reliant economy’, and to secure the maximum welfare, freedom and happiness of every citizen.’”
“Nigeria has also ratified the African Charter on Human and Peoples’ Rights and the International Covenant on Economic, Social and Cultural Rights, which recognize legally enforceable economic and social rights, such as the rights to education, health, safe food and clean water, security, and shelter.”
“Successive governments have systematically neglected social and economic rights, and failed to address severe poverty and inequality in the country.”
“The allegations corruption and mismanagement in the spending of public funds on social safety-nets and poverty alleviation programmes and projects would clearly amount to a fundamental breach of national anticorruption laws and the country’s international anticorruption obligations.”
“The 2022 Multidimensional Poverty Index (MPI) Survey reveals that 65% of the poor (86 million people) live in the North, while 35% (nearly 47 million) live in the South. Poverty levels across States vary significantly, with the incidence of multidimensional poverty ranging from a low of 27% in Ondo to a high of 91% in Sokoto.”
“The NBS also shows that over half of the population of Nigeria are multidimensionally poor and cook with dung, wood or charcoal, rather than cleaner energy. High deprivations are also apparent nationally in sanitation, time to healthcare, food insecurity, and housing.”
No date has been fixed for the hearing of the suit.
Kolawole Oluwadare
SERAP Deputy Director
25/12/2022
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202
A Federal High Court in Abuja on Friday advised President Muhammadu Buhari, the Attorney General and Minister of Justice, Abubakar Malami, Senate President, Ahmad Lawan, the Senate of the National Assembly, Mrs. Lauretta Onochie and Chief Samuel Ogbuku on the consequences of flouting an earlier restraining order.
In a notice of consequences of disobedience to order of court dated 23rd day of December 2022, the court passed directions to President Buhari, Lawan, Onochie and Ogbuku.
‘’Take notice that unless you obey the directions contained in this order, you will be guilty of contempt of court and will be liable to be committed to prison’’.
Last week, the Court granted an order stopping the National Assembly from screening and confirming the nomination of Onochie and Ogbuku.
The presiding judge, Justice J. K. Omotosho, instructed that all actions on the matter be suspended pending the determination of the suit.
Chief Edward Ekpoko, and Engineer Victor Wood who are representing the Itsekiri Leaders of Thought and Mr. Edward Omagbemi who is representing Omadino Unity Forum all on behalf of the Itsekiri ethnic nationality of Delta State are seeking whether upon the proper construction of Section 12 (1) and other enabling sections of the Niger Delta Development Commission ( Establishment Etc) Act 2000 as amended and the 1999 Constitution of the Federal Republic of Nigeria (as amended) it is not the turn of the Itsekiri Ethnic Nationality of Delta State, the highest oil producing region of the Delta State to produce the next chairman and managing director of the Niger Delta Development Commission (NDDC).
The plaintiffs are seeking a declaration that the nomination of Onochie, who hails from a non-oil producing area in Delta State as Chairman of NDDC by President Buhari is unlawful for being contrary to the intent and purpose of NDDC Act.
They are also seeking a declaration that the nomination of Chief Samuel Ogbuku, who hails from Bayelsa State as Managing Director of NDDC by President Buhari, when it is the turn of the Itsekiri Ethnic Nationality of Delta State to produce the Managing Director of the Commission, is unlawful for being contrary to the intent and purpose of the NDDC Act.
Particularly, they are seeking an order quashing the nomination of Onochie and Ogbuku as Chairman and Managing Director as well as restraining the President of the Senate and the Senate of the National Assembly from screening and confirming Onochie and Ogbuku as Chairman and Managing Director respectively.
The matter was adjourned to January 11, 2023, for further hearing.
‘’Tonye Cole will defeat People’s Democratic Party (PDP) candidate, Siminialayi Fubara, Social Democratic Party (SDP) candidate, Senator Magnus Abe and others in the March 11 governorship election’’ a chieftain of the All Progressives Congress (APC), Mrs. Ibifuro Tatua stated Friday morning in Abuja.
‘The good people of Rivers State have something to say and they will in 2023’’
In a press statement issued after a meeting of Progressive Volunteers Group , Tatua accused the Rivers State PDP of mounting attacks on democracy.
‘’There is a strong hunger for change right now in Rivers State. We are going to see a lot of voters voting for that change in the March 11 governorship election. Rivers State voters will turn out in greater numbers for All Progressives Congress (APC) than ever before’’ Tatua said.
Tutua listed infrastructure, healthcare, public safety and education, minimum wage and good jobs for all as areas of interest to the APC governorship candidate.
‘’Tonye Cole will attract foreign investments, lower certain taxes to encourage industrialization and get rid of useless regulations that discourage economic development. He will push for more investments in infrastructure and human capital development’’
The APC leader described the party’s gubernatorial candidate as a delightful, friendly and God fearing man’’
‘’ ’It’s time to usher in change. Cole is the candidate that is strong on the economy, security, infrastructure and welfare programmes.
Tatua’s statement underscored open door policy, Cole’s popularity with the global leaders and opportunity to open new revenue resources for Rivers State.
‘’Tonye Cole will raise teacher pay, increase public education funding and expand state’s literacy programmes’’
Cole appears poised to win the March 11, 2023, governorship election.
Tatua is the convener of Progressive Volunteers Group.
The meeting held in Abuja was to share perspectives and strategies on how to show Nyesom Wike and his associates the way out of Rivers State Government House in 2023.