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
Socio-Economic Rights and Accountability Project (SERAP) has urged the Senate President Dr Ahmad Lawan, and Speaker of House of Representatives Mr Femi Gbajabiamila to “promptly probe and refer to appropriate anti-corruption agencies fresh allegations that N10bn of public money budgeted for the National Assembly is missing, misappropriated or diverted.”
SERAP said: “The grim allegations that N10,051,283,568.82 of public money is missing are documented in the 2019 audited report by the Auditor-General of the Federation.”
In the letter dated 11 December 2021 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “Addressing the allegations would improve public confidence and trust in the ability of the National Assembly to exercise its constitutional and oversight responsibilities, and to adhere to the highest standards of integrity in the management of public funds.”
SERAP said: “Little can be achieved by the National Assembly in the fight against corruption if the leadership and members do not first confront the spectre of alleged corruption and mismanagement within their ranks.”
SERAP is also urging Dr Lawan and Mr Gbajabiamila: to “identify the lawmakers and staff members suspected to be involved, and hand them over to appropriate anti-corruption agencies to face prosecution, if there is sufficient admissible evidence, and to ensure full recovery of any missing public funds.”
The letter, read in part: “As part of its legislative and oversight functions, the National Assembly has a key role to play in the fight against corruption in the country. But the National Assembly can only effectively perform its anti-corruption role if it can demonstrate exemplary leadership to probe the allegations of corruption and mismanagement involving the legislative body.”
“According to the Auditor-General Report for 2019, the House of Representatives paid N2,550,000,000.00 to members as running costs between July and December 2019, but failed to account for the money, contrary to paragraph 1011(i) of the Financial Regulations. There was no evidence to show what the funds were used for, and no documents to back-up the spending.”
“The Auditor-General is concerned that the money may have been ‘diverted.’” He wants the money recovered.”
“The House of Representatives also reportedly paid N258,000,000 as cash advances to 59 officers between February and December 2019 but has failed to account for the money. The officers were paid the money despite the fact that they have not accounted for the previous cash advances.”
“The House of Representatives also reportedly paid N107,912,962.45 as repairs and maintenance allowance for unspecified residential quarters but failed to account for the money. The money spent was also in excess of the cash advances threshold of N200,000.00 as stipulated by the Financial Regulations.”
“These fresh allegations amount to fundamental breaches of the Nigerian Constitution of 1999 [as amended] and the country’s international obligations including under the UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption.”
“SERAP is concerned that allegations of corruption continue to undermine economic development, violate social justice, and destroy trust in economic, social, and political institutions. Nigerians bear the heavy economic and social costs of corruption. The National Assembly therefore has a responsibility to curb it.”
“Ensuring the effective investigation of these fresh allegations, and full recovery of any missing public funds would strengthen the country’s accountability framework, and show that the National Assembly can discharge its constitutional responsibility of amplifying the voices of Nigerians, and act in the best interest of the people.”
“We would be grateful if you would indicate the measures being taken to address the allegations and to implement the proposed recommendations, within 14 days of the receipt and/or publication of this letter.”
“If we have not heard from you by then as to the steps being taken in this direction, SERAP shall take all appropriate legal actions to compel the leadership of the National Assembly to implement these recommendations in the public interest, and to promote transparency and accountability in the National Assembly.”
“The House of Representatives also reportedly collected N1,594,807,097.83 as PAYE, car and housing loans from 17 members between February and December 2019 but failed to show receipt of remittance to relevant revenue authorities. The Auditor-General wants the money recovered.”
“The House of Representatives also reportedly paid N1,010,598,610.97I from salary account but without any document to show for the payment, contrary to paragraph 601 of the Financial Regulations. The Auditor-General wants the money recovered.”
“The Senate reportedly collected N219,645,597.08 as housing loans from 107 senators’ salary arrears between July and December 2019 but failed to remit the money.”
“The Senate also reportedly recovered N123,320,916.72 being car loans to senators between July and December 2019, but there was no evidence that the money was remitted to the treasury. The Auditor-General wants the money recovered and remitted.”
“The Senate reportedly collected N176,267,255.31 as PAYE from staff salaries but there was no evidence that the money was remitted to the relevant tax authorities, contrary to paragraph 235 of the Financial Regulations. The Auditor-General wants the money recovered and remitted.”
“The Senate also reportedly collected N277,411,116.29 as Value Added Tax (VAT), and Withholding Tax (WHT) but failed to remit the money to the relevant tax authorities. The Auditor-General wants the money recovered and remitted.”
“The Senate reportedly paid N1,718,130,630.24 for the supply of vehicle and other office equipment between February and December 2019 but failed to account for the money, contrary to paragraph 110 of the Financial Regulations. The Auditor-General is concerned that the money may have been diverted.”
“The Senate also reportedly paid N657,757,969.05 for supply of motor vehicles, motor cycles and other office equipment between July and December 2019, but failed to show any document for the payment, contrary to paragraph 1705 of the Financial Regulations. The Auditor-General wants the money recovered.”
“The Senate also reportedly paid N423,370,000.00 for the supply of utility vehicles and production of National Assembly Logo between August and November 2019 but without any documents. The Auditor-General wants the money recovered.”
“The National Assembly Service Commission reportedly paid N31,927,760 as cash advances to 59 staff but failed to account for the money. The Auditor-General wants the money recovered.”
“The National Assembly Service Commission also reportedly collected N276,749,014.68 as stamp duty from contractors and service providers but failed to remit the money to appropriate tax authorities.”
“According to the Auditor-General Report for 2018, the Nigerian Institute of Legislative and Democratic Studies deducted N577,634,638,20 as taxes but failed to remit the money to the relevant tax authorities. The Auditor-General wants the money recovered and remitted.”
“The Nigerian Institute of Legislative and Democratic Studies also reportedly spent N47,750,000.00 to buy residential building without due process, and contrary to Section 27 (1) of the Fiscal Responsibility Act and Financial Regulation 301.”
“SERAP notes that the Auditor-General in the 2015, 2017 and 2018 reports documented that over N8bn of public money budgeted for the National Assembly is missing, misappropriated or diverted.”
The letter was copied to Mr Abukabar Malami, SAN, Attorney General of the Federation and Minister of Justice; Professor Bolaji Owasanoye, Chairman Independent Corrupt Practices and Other Related Offences Commission (ICPC); Mr Abdulrasheed Bawa, Chairman, Economic and Financial Crimes Commission (EFCC); and chairmen of the Public Accounts Committees of the National Assembly.
Kolawole Oluwadare
SERAP Deputy Director
12/12/2021
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
AMCON : Appeal Court Grants Jimoh İbrahim 14 days Leave To File Appeal
The Court of Appeal sitting in Lagos has ruled that Barr. Jimoh Ibrahim be granted time to file his appeal within 14 days.
Ibrahim had brought before the court an application for extension of time to file his appeal.
The appellate court, therefore, granted his prayer, giving him 14 days within which he must file his appeal.
In his reaction to the ruling, Jimoh Ibrahim expressed happiness over the court’s ruling, assuring that the court ruling would be complied with promptly as he would file the appeal on Monday.
Ibrahim, in a statement he made available to the newsmen, alleged that the social media was wrongly communicated on the court’s decision by AMCON.
He, therefore, commended the court for granting him the extension.