The Socio-Economic Rights and Accountability Project has sued President Muhammadu Buhari (retd.) "over his failure to publish the names of those indicted in the alleged misappropriation of over N6 trillion in the running of the Niger Delta Development Commission between 2000 and 2019, as documented in the recent Forensic Audit Report on NDDC," according to the lawsuit.
SERAP has filed a suit in the Federal High Court in Abuja, requesting "an order of mandamus to direct and compel President Buhari to publish the names of those indicted in the alleged misappropriation of over N6 trillion in the running of the Niger Delta Development Commission (NDDC) between" and "an order of mandamus to direct and compel President Buhari to publish the names of those indicted in the alleged misappropriation of over N6 trillion in the running between the years 2000 and 2019."
The case has been scheduled for hearing on November 29, 2021, by Justice Binta Nyako of Court 2.
"An order of mandamus to compel President Muhammadu Buhari to direct Mr. Abubakar Malami SAN, the Attorney General of the Federation and Minister of Justice, and appropriate anti-corruption agencies to bring to justice anyone suspected of being responsible for the missing N6 trillion, and to fully recover any stolen public funds," SERAP says.
"It is in the public interest to publicize the identities of those accused in the audit report as soon as possible, and to guarantee that they face prosecution, if appropriate," SERAP claims.
"The public interest in publishing the identities of individuals indicted by the audit report surpasses any concerns to hide the information," according to SERAP, "since there would be no bias against those whose names are released as long as the information is adequately structured and true."
The rights group also claims that "under Section 15(5) of the Nigerian Constitution 1999 [as amended], the Buhari administration has legal obligations to abolish all corrupt practices and abuses of power, and article 26 of the UN Convention against Corruption to ensure effective prosecution of allegations of corruption."
"The audit report offers prima facie evidence of big corruption in the Niger Delta and its astonishing ramifications," it stated. According to the African Charter on Human and Peoples' Rights and the Freedom of Information Act, Nigerians have the right to know the names of individuals charged and other data in the report."
"Publishing widely the report and the names of those indicted would remove the possibility of obstruction of justice," the rights groups added, "and provide insights relevant to the public debate on the ongoing efforts to combat grand corruption and the country's longstanding impunity of perpetrators."
"An order of mandamus to direct and force President Buhari to "widely publicize and make available to Nigerians the Forensic Audit Report on the Niger Delta Development Commission (NDDC) presented to him on September 2, 2021," according to SERAP.
Mr Abubakar Malami, SAN, is a respondent in the case.
"Nigeria has made legally enforceable obligations under the UN Convention against Corruption to promote transparent management of public resources and unrestricted access to public information," according to the action filed on behalf of SERAP by its attorneys Kolawole Oluwadare and Opeyemi Owolabi. These obligations must be kept in full force and respect."
"Directing and requiring President Buhari to publish the identities of individuals charged in the report will advance the victims' right to restitution, compensation, and a guarantee of non-repetition, as well as boost public trust in the battle against corruption."
"It would be perfectly compatible with Nigeria's constitutional and international anti-corruption obligations to publish the identities of those charged."
"Tackling the NDDC's corruption pandemic and prosecuting those who have been accused will reduce poverty, increase Nigerians' access to essential public goods and services, and strengthen the government's capacity to meet its human rights and anti-corruption commitments."
"Despite Nigeria's tremendous oil riches, ordinary Nigerians have reaped relatively little benefit from billions of naira planned for regional socio-economic development, owing to rampant grand corruption and a culture of impunity for perpetrators."
"Nigerians have the right to receive information without interference or distortion, and this right should be protected." based on the concept of maximal transparency and the assumption that all information is available with just a few exclusions"
"Even if the government shows that publishing the names of public officials would substantially harm a legitimate interest, it is still required to disclose the requested information if, as in this case, the public interest in disclosure outweighs any perceived harm," according to the public interest test.
"The Niger Delta's missing N6 trillion and over 13,000 abandoned projects have continued to have a severe impact on Nigerians' human rights, eroding their access to basic services."Education, healthcare, and a reliable and consistent electricity supply are examples of public goods and services."
"Public schools have been allowed to deteriorate and die, and health-care facilities in several parts of the region lack even the most basic of amenities."
In a letter dated September 25, 2021, SERAP requested that President Buhari make public the names of those indicted in the audit report.
0 Comments