SERAP drags Akpabio to court over budget padding – Newstrends
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SERAP drags Akpabio to court over budget padding

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Senator Ahmed Ningi, Senate President Godswill Akpabio

SERAP drags Akpabio to court over budget padding

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Senate President, Mr Godswill Akpabio over “the failure to refer the alleged N3.7 trillion budget padding to appropriate anti-corruption agencies for investigation and prosecution, and to recall Senator Abdul Ningi who blew the whistle on the allegations.”

Mr Akpabio is sued for himself and on behalf of all members of Nigeria’s Senate.

It would be recalled that whistleblower Ningi last month was suspended for three months over his allegations that the 2024 budget was padded by over N3 trillion and that the country is operating two budgets.

In the suit number FHC/ABJ/CS/452/2024 filed last Friday at the Federal High Court, Abuja, SERAP is seeking: “an order of mandamus to direct and compel Mr Akpabio to refer the alleged N3.7 trillion budget padding to appropriate anti-corruption agencies for investigation and prosecution of suspected perpetrators.”

SERAP is also seeking: “an order of mandamus to direct and compel Mr Akpabio to immediately take steps to ensure the reinstatement of whistleblower Abdul Ningi who was suspended from the Senate over his allegations that the lawmakers padded the 2024 budget by irregularly inserting projects worth N3.7 trillion.”

SERAP is also seeking: “an order of mandamus to direct and compel Mr Akpabio to put in place transparency and accountability mechanisms to ensure that the trillions of Naira budgeted for constituency projects are not embezzled, misappropriated or diverted into private pockets.”

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In the suit, SERAP is arguing that: “Granting this application would serve the public interest, encourage whistleblowers to speak up, improve public services, and ensure transparency and accountability in the management of public resources.”

SERAP is arguing that, “Directing Mr Akpabio to refer these allegations to appropriate anticorruption agencies and to reinstate whistleblower Abdul Ningi would be entirely consistent and compatible with the letter and spirit of the Nigerian Constitution 1999 [as amended] and the country’s international obligations.”

SERAP is also arguing that, “The allegations by Senator Ningi amount to public interest disclosures and can contribute to strengthening transparency and democratic accountability in the Senate in particular and the country as a whole.”

According to SERAP, “Suspension of Senator Ningi by the Senate followed a seriously flawed process and it amounts to retaliation.”

SERAP is also arguing that, “Senator Ningi’s status as a whistleblower is not diminished even if the perceived threat to the public interest has not materialised, since he would seem to have reasonable grounds to believe in the accuracy of the allegations of budget padding and corruption in the Senate.”

The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Mrs Adelanke Aremo, read in part: “It is in the public interest and the interest of justice to grant this application. No whistleblower should ever be penalised simply for making a public interest disclosure.”

“Directing Mr Akpabio to refer the allegations to appropriate anticorruption agencies would help to address the lingering problem of budget padding and corruption in the implementation of constituency projects.”

“Directing Mr Akpabio to refer the allegations to the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) would also ensure probity and accountability in the budget process.”

“Investigating and prosecuting the allegations of budget padding and corruption would end the impunity of perpetrators. It would build trust in democratic institutions with the ultimate aim of strengthening the rule of law.”

“Years of allegations of budget padding and corruption in the implementation of constituency projects have contributed to widespread poverty, underdevelopment and lack of access to public goods and services.”

“Allegations of budget padding and corruption in the implementation of constituency projects have also continued to have negative impacts on the fundamental interests of the citizens in several communities and the public interest.”

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“Combating budget padding would improve access of Nigerians to basic public goods and services, and enhance the ability of ministries, departments and agencies to effectively and efficiently discharge their constitutional and statutory responsibilities.”

“Section 15(5) of the Nigerian Constitution requires public institutions to abolish all corrupt practices and abuse of power.”

“Section 16(2) of the Nigerian Constitution further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’”

“Section 13 of the Nigerian Constitution imposes clear responsibility on the National Assembly including the Senate to conform to, observe and apply the provisions of Chapter 2 of the constitution.”

“Section 81 of the Nigerian Constitution and sections 13 and 18 of the Fiscal Responsibility Act constrain the ability of the National Assembly to unilaterally insert its own allocations in the budget without following the due process of law.”

“Nigeria has made legally binding commitments under the UN Convention against Corruption to ensure accountability in the management of public resources.”

“Articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on the National Assembly including the Senate to ensure proper management of public affairs and public funds.”

“Article 33 of the Convention requires government institutions including the Senate to ensure the protection of whistleblowers against any unjustified treatment. Granting this application would ensure that these commitments are fully upheld and respected.”

“Senator Ningi is a whistleblower, who is protected under article 33 of the UN Convention against Corruption to which Nigeria is a state party. Senator Ningi is a whistleblower because of his public interest disclosures on alleged budget padding and corruption in the Senate in the context of carrying out his work as Senator.”

“According to our information, Senator Abdul Ningi, the former Chairperson of the Northern Senators Forum (NSF), recently told BBC Hausa that the lawmakers sought the service of a private auditor and discovered irregularities in the budget.”

“Senator Ningi reportedly said, ‘For example, we had a budget of N28 trillion but after our thorough checks, we found out that it was a budget of N25 trillion. How and where did we get the additional N3 trillion from, what are we spending it for?.’”

“According to BudgIT, a total of 7,447 projects culminating in N2.24tn were indiscriminately inserted in the 2024 budget by the National Assembly. 281 projects worth N491bn, and 3,706 projects within the range of N100–500m, worth 759bn were inserted in the budget.”

No date has been fixed for the hearing of the suit.

SERAP drags Akpabio to court over budget padding

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

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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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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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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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