Alleged Missing N4.4 Billion: SERAP Sues National Assembly Over Failure To Act

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Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against  leadership of both Nigeria legislative chambers over “their failure to probe, and to refer to appropriate anti-corruption agencies allegations that N4.4bn of public money budgeted for the National Assembly is missing, misappropriated, diverted or stolen, as documented in three annual audited reports by the Office of the Auditor-General of the Federation.”

SERAP, a nongovernmental advocacy organization devoted to promoting transparency, accountability and respect for socioeconomic rights in Nigeria.

Information on SERAP’s website States that the suit followed the publication of annual audited reports for 2015, 2017 and 2018 in which the Auditor-General of the Federation raised “concerns about alleged diversion and misappropriation of public funds, sought the recovery of any missing funds, and asked that the evidence of recovery should be forwarded to his office.”

According the information obtained from site, the suit number FHC/ABJ/CS/366/2021 was  filed last Friday at the Federal High Court in Abuja, SERAP is seeking: an order of mandamus directing and compelling Dr Lawan, Mr Gbajabiamila and the National Assembly to perform their constitutional oversight functions to ensure prompt and transparent investigation into the allegations that N4.4 billion budgeted for the National Assembly may be missing and unaccounted for.

SERAP is arguing that By the combined reading of the provisions of the Nigerian Constitution of 1999 [as amended], the International Covenant on Economic, Social and Cultural Rights, and the UN Convention against Corruption, which Nigeria has ratified, the National Assembly has legal duties to combat corruption, and promote transparency and accountability in the management of public resources.

According to SERAP, “transparency and accountability in the management of public resources and wealth is essential for promoting development, people’s welfare and well-being, and their access to basic public services, as well as good governance and the rule of law.”

SERAP is also arguing that The National Assembly has legal responsibility to ensure that the serious allegations of corruption and mismanagement documented by the Office of the Auditor-General of the Federation are promptly, independently, thoroughly, and transparently investigated, and to end the culture of impunity that is fuelling these allegations.”

According to SERAP: “The failure of the National Assembly to promptly and thoroughly investigate, and to refer to appropriate anti-corruption agencies the allegations documented in the annual audited reports for 2015, 2017 and 2018 is a fundamental breach of the oversight and public interest duties imposed on the legislative body by sections 4, 88 and 89 of the Nigerian Constitution.”

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Adelanke Aremo, “This suit seeks to vindicate the rule of law, the public interest, and to promote transparency and accountability. Government agencies and institutions are responsible to a court of justice for the lawfulness of what they do, and of that the court is the only judge. The National Assembly has no legally justifiable reason to refuse to investigate the allegations documented by the Office of the Auditor-General of the Federation.”

According to SERAP“The Senate reportedly spent N186,866,183.42 to organise Senate Retreat and Pre-Valedictory Session for the 7th Senate, although the money was meant to pay vehicle loan.

The Senate also reportedly spent N15,964,193.63 as bank charges between July and December, 2015, contrary to Financial Regulations 734.”

SERAP also said, “The House of Representatives also reportedly spent N624,377,503.30 to buy 48 Utility Vehicles. However, 14 vehicles were not supplied.

The House also failed to make the 34 vehicles supplied available for verification. Similarly, the House spent N499,666,666.00 as cash advances to staff to carry out various assignments but has failed to retire the money.”

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