Politics
SERAP Threatens Wike, 36 Gov With Legal Action Over FAAC
The Socio-Economic Rights and Accountability Project (SERAP) has given Nigeria’s 36 state governors and the Minister of the Federal Capital Territory, Abuja, Nyesom Wike the options of availing them of documents on the spending of FAAC allocations received since 1999, widely publishing such documents or facing legal action.
The SERAP also urged them “to invite Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) to jointly track and monitor the spending of FAAC allocations by your state and the FCT and to probe any allegations of corruption linked the allocations.”
Biztellers reports that the SERAP’s requests followed reports that the Federation Account Allocation Committee (FAAC) disbursed N1.123 trillion to the federal, state, and local governments for March 2024 alone. States collected N398.689 billion.
The demands were contained in the Freedom of Information (FoI) requests dated 20 April 2024 and signed by SERAP deputy director Kolawole Oluwadare.
The organisation stated, “Nigerians ought to know in what manner public funds including FAAC allocations, are spent.
“Without this information, Nigerians cannot follow the actions of their states and the FCT and they cannot properly fulfill their responsibilities as citizens.”
According to the SERAP, “trillions of FAAC allocations received by Nigeria’s 36 states and the FCT have allegedly gone down the drain. The resulting human costs directly threaten the human rights of socially and economically vulnerable Nigerians.”
The FoI requests, read in part, “ensuring that the FAAC allocations received by your state and the FCT are spent to achieve the security and welfare of Nigerians are serious and legitimate public interests.
“Secrecy in the spending of FAAC allocations received by your state and the FCT is entirely inconsistent and incompatible with the Nigerian Constitution 1999 [as amended] and the country’s international anti-corruption obligations.
“Secrecy in the spending of FAAC allocations received by your state and the FCT also denies Nigerians the right to know how public funds are spent. Transparency in the spending would allow them to retain control over their government.
“The documents should include the evidence and list of specific projects completed with the FAAC allocations collected, the locations of any such projects and completion reports of the projects.
“The documents should also include details of the salaries and pensions paid from the FAAC allocations collected, as well as the details of projects executed on hospitals and schools with the FAAC allocations.
“Despite the increased FAAC allocations to states and FCT, millions of residents in your state and the FCT continue to face extreme poverty and lack access to basic public goods and services.
“The reported removal of petrol subsidy and the floating of the exchange rate by the Federal Government has translated into increased FAAC allocations to states and the FCT. However, there is no corresponding improvement in the security and welfare of millions of Nigerians.
“FAAC allocations received by your state and the FCT are reportedly characterised by mismanagement, diversion of funds, and abandoned projects. FAAC allocations have also been allegedly spent for other purposes such as election campaigns and political patronage.
“Publishing the documents on the spending of FAAC allocations by your state and the FCT would promote transparency, accountability, and reduce the risks of corruption in the spending of the funds.
“Publishing the documents would enable Nigerians to meaningfully engage in the implementation of projects executed with the FAAC allocations collected.
“The report that some 140 million Nigerians are poor suggests corruption and mismanagement in the spending of trillions of naira in FAAC allocations collected by your state and the FCT.
“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel you and your state and the FCT to comply with our requests in the public interest.
“According to our information, the Federation Account Allocation Committee (FAAC) last week disbursed N1.123 trillion to the federal, state and local governments for March 2024.
“State governments got N398.689 billion while local government councils got N288.688 billion. The mineral-producing states received an additional N90.124 billion (13% of mineral revenue). In February, states collected N336 billion.
“According to the Nigeria Extractive Industries Transparency Initiative (NEITI), the federal, states and local governments shared N10.143 trillion from the Federation Account as statutory revenue allocations in 2023, with states collecting N3.585 trillion.
“SERAP also urges you to provide details of the transparency and accountability mechanisms that have been put in place to ensure that the trillions of naira of FAAC allocations that have been received by your state and the FCT are not embezzled, misappropriated or diverted into private pockets.
“SERAP is concerned about the persistent lack of transparency and accountability in the spending of FAAC allocations by your state and the FCT.
“SERAP notes that 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 your state to conform to, observe and apply the provisions of Chapter 2 of the constitution.
“Nigeria has made legally binding commitments under the UN Convention against Corruption to ensure accountability in the management of public resources.
“Nigerians are entitled to the right to receive information without any interference or distortion, and the enjoyment of this right should be based on the principle of maximum disclosure, and a presumption that all information is accessible subject only to a narrow system of exceptions.
“The Freedom of Information Act, Section 39 of the Nigerian Constitution, 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 the documents on the spending of FAAC allocations by your state.
“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 public institutions’ activities.”
A Federal High Court in Abuja has mandated that Godwins Omobayo, the Deputy Governor of Edo State, appear in person on November 26, 2024, following allegations of contempt of court stemming from his failure to comply with a previous ruling.
Justice James Omotosho issued the order on Monday, asserting that Omobayo, described as the alleged contemnor, must be afforded a fair hearing in accordance with Section 36 of the 1999 Constitution (as amended).
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The court action was initiated by Philip Shaibu, who was reinstated as Deputy Governor after the court invalidated his impeachment by the Edo State House of Assembly on July 17.
Justice Omotosho ruled that the impeachment proceedings lacked due process and that the grounds for Shaibu’s removal did not constitute gross misconduct.
Shaibu’s suit targets several parties, including the Inspector-General of Police and the Edo State House of Assembly, seeking enforcement of the court’s judgment and demanding that Omobayo vacate the deputy governorship position.
Omobayo assumed office on April 8, following Shaibu’s impeachment.
During the court proceedings, it was revealed that Omobayo was served legal documents but failed to appear.
In response, Shaibu’s attorney, Ayotunde Ogunleye, SAN, urged the court to compel Omobayo’s attendance, citing the need to uphold judicial authority.
In delivering his ruling, Justice Omotosho adjourned the case until November 26 for further proceedings.
He directed that hearing notices be served to the 1st, 2nd, 3rd, and 5th defendants involved in the charge.
“In the interest of justice and to provide the alleged contemnor with an opportunity to defend himself and receive a fair hearing, in accordance with Section 36 of the 1999 Constitution (as amended), I hereby order that the alleged contemnor appear in court in person on November 26, 2024,” the judge stated.
It is noteworthy that the current tenure of the state government is set to conclude on November 12.
On the heels of the salvo fired by the presidential candidate of the Peoples Democratic Party (PDP) in Nigeria’s 2023 elections, Atiku Abubakar, signalling what might be a long-drawn hot exchange of words, the Presidency has made what it called ‘our initial response to Alhaji Atiku Abubakar’.
This was contained in a statement put out on micro-blogging site, X, Sunday by the Special Adviser to the President (Information and Strategy), Bayo Onanuga.
The former vice president had detailed the shortcomings of the President Bola Ahmed Tinubu administration, making efforts to detail what he would have done differently, that would have better results for Nigeria.
In a swift response, the Presidency countered that Atiku and his ideas “were rejected by Nigerians in the 2023 poll”, based on his antecedents.
The statement reads, “OUR INITIAL RESPONSE TO ALHAJI ATIKU ABUBAKAR
“We have just read a statement credited to former vice president Alhaji Atiku Abubakar, in which he tried to discredit President Bola Tinubu’s economic reform programmes while pushing his untested agenda as a better alternative.
“First, Alhaji Atiku’s ideas, which lacked details, were rejected by Nigerians in the 2023 poll.
“If he had won the election, we believe he would have plunged Nigeria into a worse situation or run a regime of cronyism.
“Abubakar lost the election partly because he vowed to sell the NNPC and other assets to his friends. Nigerians have not forgotten this, nor would they be comforted by Atiku’s antecedents when he ran the economy in the first term of President Olusegun Obasanjo’s government between 1999 and 2003.
“As vice president, Atiku supervised a questionable privatisation programme. He and his boss demonstrated a lack of faith in our educational system, and both went to establish their universities while they allowed ours to flounder.
“Talk is cheap. It is easy to pontificate and deride a rival’s programmes even when there are irrefutable indices that the economic reforms yield positives despite the temporary difficulties.
“Despite the futile attempt to hoodwink Nigerians again in his statement, it is gratifying that the former Vice President could not repudiate the economic reforms pursued by the Tinubu administration because they are the right things to do.
“His advocacy for a gradualist approach only showed that he was not in tune with the enormity of problems inherited by President Tinubu.
“It is so easy to paint a flowery to-do list. It is expected of an election loser.
“President Tinubu met a country facing several grave challenges. Fuel subsidies were siphoning away enormous resources we could ill afford, and there was criminal arbitrage in the forex market.
“No leader worth his name will allow these two economic disorders to persist without moving to end them surgically.
“While advocating for gradual reforms may sound appealing, Tinubu took measures that should have been taken decades ago by Alhaji Abubakar and his boss when they had the opportunity.
“Alhaji Abubakar calls for empathy and a human face to reforms. We have no problem with this as it resonates well with our administration’s focus. President Tinubu has consistently emphasised the need for compassion and protection of the most vulnerable.
“The administration has prioritised social safety nets and targeted support for those affected by recent economic transitions.”
In a sweeping victory, the All Progressives Congress (APC) has claimed all 13 chairmanship positions in Nasarawa State’s local government elections.
The announcement was made late Sunday evening by Barr. Ayuba Usman, Chairman of the Nasarawa State Independent Electoral Commission (NASIEC).
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The election, held on November 2, covered leadership roles across Nasarawa’s 13 local government areas and 147 electoral wards.
APC emerged dominant, winning 140 out of the 147 available councillorship seats, while the Social Democratic Party (SDP) and Zenith Labour Party (ZLP) took seven seats combined. SDP secured five councillorship seats, while ZLP won two.
Usman provided a detailed breakdown of the APC chairmanship vote counts across the local government areas, with notable tallies in Lafia (217,573), Karu (146,450), Obi (93,486), and Nasarawa (96,358).
Reflecting on the election process, Usman described it as peaceful and well-participated.
He commended voters for their commitment to democratic principles, noting that despite a general trend of voter apathy in some areas, a communal consensus strengthened turnout.
Usman attributed the election’s success to a well-executed awareness campaign by NASIEC, collaboration with the Inter-Party Advisory Council (IPAC), and the effective deployment of security agencies to maintain public order.
Additionally, he cited the role of technology in streamlining the process, which he said contributed to the election’s efficiency and transparency.
The participation of 14 political parties underscored widespread confidence in the electoral process.
According to Usman, NASIEC remains committed to upholding democracy through free, fair, and credible elections in Nasarawa State.
Of the seven councillorship seats not won by APC, SDP secured four in Nasarawa-Eggon and one in Keffi, while ZLP took two seats in Doma.
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