The Socio-Economic Rights and Accountability Project, (SERAP), has filed a lawsuit against President Bola Tinubu over “the failure to direct the Minister of Finance and Coordinating Minister of the Economy, Wale Edun, to name and ensure the prosecution of the contractors who collected over ₦167 billion from 31 ministries, departments and agencies (MDAs) but failed to execute any projects”.
Joined in the suit as Respondent is the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, (SAN).
In the suit, filed last Friday at the Federal High Court, Lagos, on behalf of SERAP by its lawyers, Kolawole Oluwadare and Ms. Oluwakemi Agunbiade, SERAP is asking the court “to compel President Tinubu to direct Fagbemi to bring to justice, as appropriate, any companies and contractors who collected over N167bn of public funds from 31 MDAs but failed to execute any projects”.
SERAP is asking the court “to compel President Tinubu to direct Edun to publish the specific names of the companies and contractors who collected over ₦167 billion from 31 MDAs but failed to execute any projects, as documented in the 2021 Audited Report by the Auditor-General of the Federation”.
SERAP is also asking the court “to compel President Tinubu to direct the Finance minister to publish the details of the projects, such as the locations of the projects for which the contractors and companies collected ₦167bn, the amount collected by each contractor and company and the names of the shareholders”.
In the suit, SERAP is arguing that: “The allegations of corruption involving many companies and contractors who collected over ₦167 billion from 31 MDAs have continued to impair, obstruct and undermine access of poor Nigerians to public goods and services”. It is also arguing that, “Holding the companies and contractors who collected over N167bn from 31 MDAs but disappeared with the money would prevent and combat waste, fraud, and abuse in the spending of public funds”.
According to SERAP, “There is a legitimate public interest in not shielding or allowing ingrained wrongdoing by companies and contractors to go unpunished”, arguing that: “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”. It said: “The allegations suggest a grave violation of the 1999 Constitution (as amended), the country’s anti-corruption legislation and international anti-corruption obligations”.
“The UN Convention against Corruption, to which Nigeria is a State party, contains requirements of integrity and honesty in economic, financial or commercial activities-both in the public and private sectors. It also imposes obligations on the government to ensure that sanctions imposed for corruption on natural and legal persons are effective, proportionate and dissuasive.
“Ensuring the accountability of companies and contractors and the recovery of any diverted public funds would improve public accountability in MDAs.
According to SERAP: “Granting the reliefs sought would ensure transparency and accountability in how any public funds are spent by MDAs, and reduce vulnerability to corruption and mismanagement.
“Nigerians’ right to a democratic governance allows them to appreciably influence the direction of Government, and have an opportunity to assess progress and assign blame”, it stated.
No date has been fixed for the hearing of the suit.
