SERAP sues 36 Governors over failure to account for N72bn subsidy palliative – Newstrends
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SERAP sues 36 Governors over failure to account for N72bn subsidy palliative

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1 year ago

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SERAP sues 36 Governors over failure to account for N72bn subsidy palliative

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the 36 state governors in the country over their failure to account for the spending of the N72 billion palliative collected from the Federal Government, including details of the beneficiaries and the reliefs provided with the money.

To ameliorate the impact of the removal of petrol subsidy, the Federal Government recently disbursed N2 billion out of the N5 billion palliative package to each state of the federation and the Federal Capital Territory (FCT).

President Bola Tinubu had during his inaugural speech in May, announced the removal of petrol subsidy, which has led to hike in pump price as well as food prices and transportation fares in the country.

In the suit number FHC/L/CS/1943/2023 filed last Friday at the Federal High Court in Lagos, SERAP is seeking an order of mandamus to direct and compel each of the governors to account for the spending of the N2 billion palliative collected by them from the Federal Government.

SERAP is also seeking an order of mandamus to direct and compel each of the governors to disclose details of the beneficiaries and the reliefs provided to the poorest and most vulnerable Nigerians with the money.

SERAP is further seeking an order of mandamus to direct and compel each of the governors to instruct the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) to monitor the spending of petrol subsidy palliative collected by them.

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In the suit, SERAP is arguing that secrecy in the spending of the N72 billion collected by the governors would create distrust or suspicion of the government, adding that the failure by the governors to account for the public funds is both legally and morally wrong.

The organisation is also arguing that the governors are constitutionally required to act in the public interest, stressing that government secrecy promotes arbitrariness and covers illegal acts.

According to SERAP, the right of access to official information such as the spending of the N72 billion by the governors exists to facilitate the exercise of free expression right, discover the truth, and encourage citizens’ participation in a democracy.

The organisation is also arguing that the right to access information held by public officials and bodies is also essential for collective decision-making in a democratic society.

The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Blessing Ogwuche, read in part: “It is in the public interest to direct and compel the 36 state governors to account for the spending of the N72 billion palliative and any subsequent disbursement of public funds to the states.”

“There is no democratic freedom without accountability and the basic postulate of accountability is that the people should have information about the functioning of the government.”

“Compelling and directing the governors to account for the spending of the N72 billion would increase government transparency and enhance an open and democratic society.”

“A functioning democracy rests upon participation and accountability. Citizens cannot fully participate in a democracy unless they are allowed to effectively enjoy the right to know what their government is doing in their name.”

“The right of access to information also lets in light and allows the public to scrutinise the workings of the government and find truth in them. Nigerians have the right to know how their states are spending the fuel subsidy relief funds. It is part of their legally enforceable human rights.”

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“Transparency and accountability in the spending of the N72 billion and any subsequent disbursement to the governors would help to reduce the risk of corruption, mismanagement, diversion, or opportunism.”

“The oversight afforded by public access to the details of the spending of the N72 billion palliative and any subsequent disbursement to the governors would serve as an important check on the activities of the states, and help to prevent abuses of the public trust.”

“The constitutional principle of democracy provides a foundation for Nigerians’ right to know details about the spending of the N72 billion fuel subsidy palliative. Citizens’ right to know is crucial for the country’s democratic order.”

“The effective operation of representative democracy depends on the people being able to scrutinise, discuss and contribute to government decision making, including on the fuel subsidy relief funds.”

“The removal of subsidy on petrol continues to negatively and disproportionately affect the poor and socially and economically vulnerable Nigerians in several states, undermining their right to adequate standard of living.”

“The Freedom of Information Act, Section 39 of the Nigerian Constitution 1999 [as amended], 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 N72 billion fuel subsidy relief funds are spent.”

“By the combined reading of the provisions of the Nigerian Constitution, the Freedom of Information Act, and the African Charter on Human and Peoples’ Rights, applicable throughout Nigeria, there are transparency obligations imposed on the 36 states to account for the spending of the N72 billion fuel subsidy palliative.”

“The Nigerian Constitution, Freedom of Information Act, and the country’s anti-corruption and human rights obligations rest on the principle that citizens should have access to information regarding their government’s activities.”

“States cannot hide under the excuse that the Freedom of Information Act is not applicable to them to refuse to provide the details being sought, as all the 36 states 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 (Ratification and. Enforcement) Act.”

Meanwhile, no date has been fixed for the hearing of the suit.

SERAP sues 36 Governors over failure to account for N72bn subsidy palliative

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Why governors’ forum is silent on Rivers emergency, by DG

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23 hours ago

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March 23, 2025

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Why governors’ forum is silent on Rivers emergency, by DG

The Nigeria Governors’ Forum (NGF) yesterday attributed its neutral position on the recent declaration of a state of emergency in Rivers State to the need to steer clear of taking positions that may alienate members with varying political interests.

Taking positions on contentious partisan issues, the NGF said, would not augur well for it, especially in view of its past experience in fundamental division.

Notwithstanding, the declaration of the state of emergency by President Bola Tinubu yesterday generated more kudos and knocks from across the country.

Special Adviser to the President on Senate Matters, Senator Basheer Lado, said the action of the president was meant to ensure protection of lives and restoration of law and order in the state, while the President’s Special Adviser on Media and Public Communications, Sunday Dare, said his principal  was required  to “avert needless harm and destruction .”

National Publicity Secretary of the ruling All Progressives Congress (APC), Felix Morka, said Tinubu, by his action, cleared what had manifested as a constitutional crisis in Rivers state.

But former President Goodluck Jonathan saw it from a different perspective.

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He described “abuse of office and power by the three arms of government in the country“ as a dent on Nigeria’s image.

The NGF, in a statement by its Director General Abdulateef Shittu, said it is essentially “an umbrella body for sub-national governments to promote unified policy positions and collaborate with relevant stakeholders in pursuit of sustainable socio-economic growth and the well-being of the people.”

It added: “As a technical and policy hub comprising governors elected on different platforms, the body elects to steer clear of taking positions that may alienate members with varying political interests.

“In whatever language it is written, taking positions on contentious partisan issues would mean a poor sense of history — just a few years after the forum survived a fundamental division following political differences among its members.

“Regardless, the Forum is reputed for its bold positions on governance and general policy matters of profound consequences, such as wages, taxes, education and universal healthcare, among others.”

It asked for “the understanding of the public and the media, confident that appropriate platforms and crisis management mechanisms would take care of any such issues.”

Why governors’ forum is silent on Rivers emergency, by DG

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Rivers: Tinubu acted to save state, economy, says Karimi

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2 days ago

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March 22, 2025

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Chairman of the Senate Services Sunday Karimi

Rivers: Tinubu acted to save state, economy, says Karimi

Chairman of the Senate Services Sunday Karimi has hailed President Bola Tinubu for the decision to declare a state of emergency in Rivers State.

 He told reporters on Friday in Abuja that the President acted in the best interest of the State and Nigeria, having taken his decision in compliance with the Constitution.

“No President or government worth a name, will fold its arms and watch a political situation deteriorate to what we saw unfolding in Rivers State.

“We saw that bombing of pipelines had begun, and the security situation was getting worse with the tension everywhere”, Karimi stated.

Karimi, who represents Kogi-West on the ticket of the All Progressives Congress (APC), recalled the “fatherly role” Tinubu had played in the crisis since 2023 in a bid to get the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and suspended Governor Siminalayi Fubara to reach an understanding, to no avail.

He explained: “We were all here in 2023 when Mr President called that truce meeting at the Aso Rock Villa. There was the eight-point agenda for settlement reached between the factions.

“When Nigerians expected that progress should be made to achieve peace, things started deteriorating considerably to a point where the governor demolished the House of Assembly building and administered the state with only three legislators.”

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Karimi observed that with the recent judgment of the Supreme Court, which gave the upper hand to the 27 lawmakers loyal to the camp of the FCT Minister, matters merely got worse in the State as the lawmakers were set to impeach the Governor.

“What did you expect would be the implications? There would have been more destruction, killings and economic losses for the country.

“With the bombings that had already started, it was a matter of time before the whole state would be engulfed in flames. No responsible President would sit, arms folded, and allow that to happen “ he added.

The senator further argued that it took “painstaking efforts” by the administration to raise daily crude oil production to around 1,800 barrels, noting that Nigeria’s economy was already “witnessing a rebound under the renewed hope projects of the government.”

“Allowing the situation in Rivers to get worse before he would act, wouldn’t have helped the state or Nigeria as a country in any way.

“Mr. President intervened at the right time, and his actions are covered by law,” he said.

Karimi also spoke on the emergency declaration  in Borno, Yobe, Adamawa and a couple of other states by former President Goodluck Jonathan without removing the Governors from office or suspending the state assemblies.

According to him, the case with those States was not generated by political crises but rather security concerns.

“So, I will advise those comparing the two scenarios to remember that one was purely about security threats resulting from the insurgency caused by Boko Haram, while that of Rivers is clearly political.

“It was the proper thing to do to suspend the political actors in the two factions to allow for tensions to diffuse. Nigerians should appreciate the President for the action he has taken so far,” he stated.

Sen. Karimi also noted that there was no cause for alarm as the National Assembly had indicated that the emergency rule could be reviewed as soon as there were signs that things could quickly normalise in Rivers State.

 

Rivers: Tinubu acted to save state, economy, says Karimi

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Just in: Tinubu swears in Rivers Sole Administrator Ibas

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5 days ago

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March 19, 2025

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Just in: Tinubu swears in Rivers Sole Administrator Ibok-ete Ibas 

President Bola Tinubu has sworn in Vice Vice Admiral Ibok-ete Ibas (Retd.) as the Sole Administrator of Rivers State.

The administrator was sworn in on Wednesday after a short meeting with the President.

Tinubu announced the appointment of the retired naval chief at a nationwide broadcast on Tuesday, when he declared a state of emergency in Rivers State and suspended Governor Siminalayi Fubara, Deputy Governor, Ngozi Odu, and the state House of Assembly members.

The President said his decision was based on Section 305 of the 1999 Constitution, saying he could not continue to watch the political situation in Rivers escalate without taking concrete action.

The suspension of Fubara and other elected representatives has been rejected and condemned by many eminent Nigerians, legal luminaries, groups such as Atiku Abubakar, Peter Obi, Femi Falana, the Labour Party (LP), the Peoples Democratic Party (PDP) and the Nigerian Bar Association.

However, the emergency rule has been praised by the pro-Nyesom Wike Assembly led by Martins Amaewhule, accusing Fubara of contravening the Supreme Court ruling on the political situation in the state.

Ibas was the Chief of Naval Staff from 2015 to 2021.

He is from Cross River State where he had his early education.

The new sole administrator went to the Nigerian Defence Academy in 1979 from where he proceeded to have a successful career in the Navy, rising through the ranks to the very top.

He is a member of the Nigerian Institute of International Affairs (NIIA) and the Nigerian Institute of Management.

President Muhammadu Buhari who appointed him as Chief of Naval Staff conferred him with the National Honour of Commander of the Federal Republic (CFR) in 2022.

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