Lifestyle, Politics

President Buhari should have given you national honor of GCBBFR Grand Clowns of the Federal Republic – Gov El-Rufai mocks SERAP on Twitter

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Kaduna state governor, Nasir El-Rufai, has taken to his Twitter handle to mock civil society group, SERAP, over their recent lawsuit against President Buhari.

In a tweet posted on its handle, SERAP said it is going to file a lawsuit against President Buhari over the recent discovery of a pipeline used to steal petroleum products.

”BREAKING: We’re suing the Buhari administration over the discovery of illegal oil pipelines, to compel it to name those responsible for the plundering of the country’s oil wealth, bring them to justice, and recover the proceeds of crime.”

Reacting to the tweet, Gov El-Rufai wrote;”

@SERAPNigeria PMB should have given you guys the first-in-history national honor of GCBBFR – Grand Clowns and Body-Bodies of the Federal Republic!! Your thoughtless words and ineffective actions have earned the recognition!!”

Lifestyle

ASUU strike enters 140th day, SERAP, others lampoon FG

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The Socio-Economic Rights Accountability Project and other education rights groups, such as the Reform Education Nigeria and Education Rights Campaign, have knocked the regime of the President, Major General Muhammadu Buhari (retd.), over the prolonged shutdown of academic activities in the nation’s tertiary institutions.

The PUNCH reports that the strike declared by the Academic Staff Union of Universities entered its 140th day on Monday (today), while the strike declared by the Joint Action Committee of the Senior Staff Association of Nigerian Universities and the Non-Academic Staff Union of Education and other Allied Institutions, which began on March 25, 2022 also entered the 68th day today.

While the National Executive Council of Academic Staff Union of Polytechnics is currently meeting in Jigawa State after calling off a two-week warning strike, the Colleges of Education Academic Staff Union just commenced a two-month strike.

In a statement made available to journalists on Sunday, SERAP’s Deputy Director, Kolawole Oluwadare, noted that the government’s failure to meet ASUU’s demands, implement the agreement it had with the union and satisfactorily resolve the issues, has kept poor Nigerian children at home while the children of the country’s politicians attend private schools.

Oluwadare said, “Inequalities in education have a rolling effect, leading to even more and continued inequalities in the future.

“Apart from being a right in itself, the right to education is also an enabling right. Education creates the voice through which rights can be claimed and protected, and without education, people lack the capacity to achieve valuable functioning as part of the living.

“If people have access to education, they can develop the skills, capacity and confidence to secure other rights. Education gives people the ability to access information detailing the range of rights that they hold together with the government’s obligations.”

Speaking in an interview with our correspondent on Sunday, the Programme Director, Reform Education Nigeria, Ayodamola Oluwatoyin, faulted the silence of critical stakeholders on the academic shutdown.

Oluwatoyin said, “It is saddening that the government has continued to allow negotiations to linger with no concrete end in sight. The Presidency must, as a matter of urgency, take over the negotiations with the unions.”

Also, the co-Convener, Education Rights Campaign, Michael Lenin, said, “The blame for these strike actions that have grounded tertiary education must be placed at the door-step of the government.

“It is quite unprecedented that all the major unions in the tertiary education sector are all on strike; however, it shows the level of damage that the negligence of successive governments has done to the educational sector through chronic under-funding.”

Efforts to get the Minister of Labour and Employment, Chris Ngige, who has described himself as the reconciliation minister between the Federal Government and the unions, proved abortive as calls and texts sent to his telephone number on Sunday remained unanswered as of the time of filing this report.

When contacted, the National President, ASUP, Dr. Anderson Ezeibe, noted that the union’s National Executive Council would commence its meeting on Tuesday.

“Our NEC is commencing meeting on Tuesday, if we are still not satisfied with the level of implementation of demands so far, a strike may be declared,” he said.

The National President, ASUU, Prof Emmanuel Osodeke, could not be immediately reached for comments on Sunday evening.

Similarly, the National President, Joint Action Committee of SSANU, NASU and NAAT, Muhammed Ibrahim, did not answer calls and texts sent to his line

Politics

SERAP gives reasons Buhari must withdraw presidential pardons for Dariye, Nyame

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The Socio-Economic Rights and Accountability Project (SERAP) has asked President Muhammadu Buhari to withdraw the presidential pardons granted to former governor of Plateau State, Joshua Dariye and his Taraba State counterpart, Rev Jolly Nyame, if he (Buhari) is serious about the fight against corruption in the country.

The duo of Dariye and Nyame, along with 157 others serving various jail terms, were granted pardons following the recommendations of the Presidential Advisory Committee on the Prerogative of Mercy at the Council of State meeting last week.

While Dariye was sentenced to 10 years imprisonment for stealing N1.16bn from the Plateau State ecological funds, Nyame was convicted for diverting N1.6bn of Taraba funds.

But in a letter addressed to the President, SERAP urged Buhari to urgently review the process, as well as “proposing a constitutional amendment to the National Assembly to reform the provisions on the exercise of the prerogative of mercy to make the provisions more transparent, and consistent and compatible with Nigeria’s international anti-corruption obligations.”

In the letter dated 16 April, 2022, and signed by its Deputy Director, Kolawole Oluwadare, SERAP said the “impunity for corruption will continue as long as influential politicians escape justice for their crimes.”

The letter, copied to the Conference of the States Parties to the United Nations Convention against Corruption, reads in part:

“The pardon is clearly inconsistent and incompatible with the requirements of the Nigerian Constitution, and the country’s international obligations including under the UN Convention against Corruption.

“The presidential pardon for corruption cases is inconsistent with the rule of law, and the public interest, as it undermines the principle of equality before the law,” the letter reads.

“SERAP is concerned that while the pardon power is routinely exercised to shield influential politicians and politically exposed persons from justice and accountability, ordinary people who have committed petty offences but with no money or influential politicians to speak for them, languish in prisons and are rarely considered for pardon.

While there is no doubt that Section 175 of the Constitution vests wide discretionary power in the Nigerian president to grant pardon, it does not stipulate the conditions under which such power should be exercised.

“However, when section 15(5) of the Constitution is read together with the oath, it would seem to impose some ethical conditions on you to ensure that the exercise of the discretionary power of the prerogative of mercy is not such that it will encourage corruption or impunity of perpetrators.

“Mr Dariye and Mr Nyame should have been allowed to complete their jail terms. The exercise of the presidential pardon in their cases would seem to be unfair and undeserving.

The investigation and prosecution of the corruption cases involving the pardoned former governors Dariye and Nyame reportedly cost over N300 millions of taxpayers’ money. The cases went from the High Court to the Supreme Court of Nigeria.

“The constitutional power of prerogative of mercy ought not to be an instrument of impunity.”

Politics

SERAP files court action against Buhari despite suspension of Twitter ban

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As excitement continues to spread among Nigerians and corporate entities over the lifting of the Twitter ban, the Socio-Economic Rights and Accountability Project, SERAP, has noted that the ban was a travesty in the first place.

This was contained in a tweet issued on Thursday via its Twitter handle while pledging to commence a lawsuit against President Muhammadu Buhari.

The tweet further revealed that the lawsuit will ensure that Nigerians are adequately compensated as a result of losses accrued during the ban.

“The ban is a travesty; it should never have happened in the first place.

“We’ll see in court to seek orders for adequate compensation and guarantees of non-repetition for the Nigerian victims of the illegal Twitter ban.

The Buhari administration has a legal obligation to effectively redress the consequences of the wrongful act of Twitter suspension,” the SERAP tweeted.

Ripples Nigeria had reported that the Federal Government lifted the suspension on Twitter services after a six-month shutdown.

Lifestyle

SERAP urges ICC to declare students’ abductions crime against humanity

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The Socio-Economic Rights and Accountability Project (SERAP), has petitioned the International Criminal Court (ICC) calling on the body to declare the incessant abductions of school children in the Northern parts of Nigeria, especially Zamfara State, as crimes against humanity.

SERAP also asked the ICC to investigate the closure of schools, and the persistent failure of Nigerian authorities at both the Federal and State levels, “to end the abductions considered as crimes against humanity within the jurisdiction of the ICC.”

In the petition signed by SERAP Deputy Director, Kolawale Oluwadare, dated September 4, and addressed to the QC, Prosecutor at the ICC, Karim A. A. Khan, the organisation urged the ICC to push for those suspected to be responsible and complicit in the commission of those serious crimes to be invited and tried.

The petition came following a string of abductions and closure of schools in parts of Nigeria, including the recent closure of schools in Zamfara State, after 73 students were abducted by bandits at the Government Secondary School, Kaya, in Maradun Local Government Area of the state.

Depriving children their right to education has severe consequences for their ability to access their fundamental rights,” the petition reads in part.

“The severe and lifelong harms that result from depriving children of the right to education satisfy the gravity of harm threshold under the Rome Statute.

“Investigating and declaring cases of abduction of Nigerian students and closure of schools, and the failure by the Nigerian authorities to provide safe and enabling learning environments as crimes against humanity would help to combat impunity, deter future human rights abuses, and improve access of the children to education.

The crime of abduction is not just a deprivation of a single fundamental human right, but a wholesale effort to re-engineer society and to deny children, including girls their human dignity and agency in all aspects of their lives.

“The persistent failure by Nigerian authorities to end the widespread and systemic abductions, and to provide safe and enabling learning environments for Nigerian children to enjoy their right to quality education amounts to crimes against humanity, which fall within the jurisdiction of the ICC.”

SERAP, therefore urged Khan, among others, to urgently commence an investigation proprio motu on the widespread and systematic problem of abductions of Nigerian students.


Zamfara: Declare abduction of students a crime against humanity, SERAP tells ICC
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Socio-Economic Rights and Accountability Project (SERAP) has petitioned Mr Karim A. A. Khan, QC, Prosecutor, International Criminal Court (ICC), urging him “to investigate the growing cases of abduction of students in several parts of Northern Nigeria, closure of schools, and the persistent failure of Nigerian authorities at both the federal and state levels to end the abduction as amo…
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Entertainment

SERAP gives Nigerian govt 24 hours to withdraw NBC order to TV, radio stations on reporting of terrorist attacks

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Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to President Muhammadu Buhari urging him to urgently instruct Mr Lai Mohammed, Minister of Information and Culture, and the National Broadcasting Commission (NBC) to withdraw the directive containing a “sweeping gag order banning journalists and broadcast stations from reporting details of terrorist attacks and victims across the country.”

The NBC had in a letter dated 7 July, 2021 issued a directive asking journalists, television and radio stations in Nigeria to stop “glamourising and giving too many details on the nefarious activities of terrorists and kidnappers” during their daily newspaper reviews.

Reacting, SERAP in a letter dated 17 July, 2021 and signed by its deputy director Kolawole Oluwadare said: “The contents of the directive by the NBC to journalists and broadcast stations are entirely inconsistent and incompatible with Nigeria’s obligations under article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights.”

SERAP said: “We would be grateful if the repressive directive is withdrawn within 24 hours of the receipt and/or publication of this letter. If we have not heard from you by then, the SERAP shall take all appropriate legal actions in the public interest.”

The organization expressed “grave concern that the contents of the NBC directive would impermissibly restrict the rights to freedom of expression, information, and victims’ right to justice and effective remedies that are central to public debate and accountability in a democratic society.”

SERAP said: “Reporting on the growing violence and killings in many parts of the country is a matter of public interest. The NBC directive to journalists and broadcast stations to stop reporting these cases, coupled with the possibility of fines and other punishment, would have a disproportionate chilling effect on the work of those seeking to hold the government accountable to the public.”

The letter, read in part: “The broad definitions of what may constitute ‘too many details’, ‘glamourising’, ‘divisive rhetoric’, and ‘security issues’ heighten concerns of overreach, confer far-reaching discretion on the government, and suggest that the NBC directive is more intrusive than necessary.”

“These words and phrases do not indicate precisely what kind of individual conduct would fall within their ambit.”

The vague and overbroad definitions of ‘too many details’, ‘glamourising’, ‘divisive rhetoric’, and ‘security issues’ also raise concern that the NBC directive unduly interferes with the rights to freedom of expression and information, and is disproportionate to any purported legitimate governmental aim. Ill-defined and/or overly broad directives are open to arbitrary application and abuse.”

“The use of these words and phrases by the NBC, given their opaque and ambiguous meaning, leaves open the possibility for application beyond unequivocal incitement to hatred, hostility or violence. Such words and phrases may function to interpret legitimate reporting by broadcast stations, journalists, and other Nigerians as unlawful.”

Exacerbating these concerns are growing restriction of civic space, the suspension of Twitter in Nigeria, and the attempts by your government to push for the amendment of the Nigeria Press Council Act and the National Broadcasting Commission Act, to further suppress media freedom, freedom of expression and access to information.”

Allowing the media to freely carry out their duties is essential to building a secure society and leaving no one behind. Conversely, imposing impermissible restrictions on broadcast stations, journalists and other Nigerians undermines the security that builds a healthy and vibrant society.”

“Article 19(1) of the International Covenant on Civil and Political Rights establishes the right to freedom of opinion without interference. Article 19(2) establishes Nigeria’s obligations to respect and ensure this right, which includes the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, and through any media of one’s choice.”

“Under article 19(3), restrictions on the right to freedom of expression must be ‘provided by law’, and necessary ‘for respect of the rights or reputations of others’ or ‘for the protection of national security or of public order, or of public health and morals’.”

Although article 19(3) recognizes ‘national security’ as a legitimate aim, the Human Rights Council, the body charged with monitoring implementation of the Covenant, has stressed ‘the need to ensure that invocation of national security is not used unjustifiably or arbitrarily to restrict the right to freedom of opinion and expression.’”

“Since article 19(2) promotes so clearly a right to information of all kinds, this indicates that your government bears the burden of justifying any restriction on reporting of cases of violence and killings, and withholding of such information as an exception to that right.”

“Any restrictions should be applied strictly so that they do not put in jeopardy the right itself. The NBC directive to broadcast stations fails to meet the requirements of legality, necessity and proportionality.”

The requirement of necessity also implies an assessment of the proportionality of restrictions such as those being imposed by the NBC, with the aim of ensuring that restrictions target a specific objective and do not unduly intrude upon the rights of targeted persons.”

“The interference with the constitutional and legal duties of journalists and broadcast stations cannot be justified in the context of the right to information, as the NBC directive has not shown that their reporting would impose a specific risk of harm to a legitimate State interest that outweighs the public’s interest in such information.”

“The NBC directive may also create an environment that unduly deters and penalizes broadcast stations and journalists, and the reporting of government wrongdoing more generally.”

The Special Rapporteur on the right to freedom expression has concluded that national security considerations should be ‘limited in application to situations in which the interest of the whole nation is at stake, which would thereby exclude restrictions in the sole interest of a government, regime, or power group.’”

“SERAP notes the collective interdependency of the compendium of constitutional and international human rights, which function to collectively complement and enhance the advancement of the security and rights of each individual in society.”

“We hope that the aspects highlighted will help guide your actions in acting to ensure that Nigerian journalists and media can freely carry out their constitutional duties as contained in Section 22 of the Nigerian Constitution.”

While your government has the obligation to maintain national security, this obligation is not set apart from the obligation to protect and ensure human rights. National security is a necessary and integral part of the right to security guaranteed to each person individually.”

“According to our information, the NBC called for ‘caution’ by broadcasters while reporting security challenges in the country. The directive, titled: ‘Newspaper Reviews And Current Affairs Programmes: A Need For Caution’, was signed by the Director, Broadcast Monitoring, Francisca Aiyetan, on behalf of the new Director-General of the Commission, Balarabe Ilelah.”

Politics

SERAP sues Nigerian govt at ECOWAS court

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Socio-Economic Rights and Accountability Project (SERAP) and twenty-four concerned Nigerians have sued the government of President Muhammadu Buhari and National Broadcasting Commission (NBC) at the ECOWAS Community Court of Justice in Abuja.

The suit is progesting “the arbitrary use of the NBC Act and broadcasting code to target, harass, sanction, and fine independent television and radio stations in Nigeria, and to restrict Nigerians’ freedom of expression and access to information.”

SERAP is asking the ECOWAS Court to declare “illegal and contrary to Nigeria’s international human rights obligations the provisions of the NBC Act and broadcasting code frequently applied by the Federal Government and NBC to target, harass, intimidate, and impose sanctions on independent television and radio stations in the country.”

The suit is coming in the wake of what the group describes as the “‘bridge [breach] letter’ by the NBC asking Channels TV to explain why it interviewed the spokesman of a proscribed organisation; the ban on Jay FM 101.9 Jos for playing songs such as Falz’s ‘This is Nigeria’, Wande Coal’s ‘Iskaba’ and Olamide’s ‘See Mary, See Jesus’; and the N9m fines imposed on Channels TV, AIT and Arise TV [N3m each] over their coverage of the #EndSARS protests.”

In the suit number ECW/CCJ/APP/19/21 and filed last week, the Plaintiffs are arguing that, “The rights to freedom of expression, access to information and media freedom allow Nigerians to seek and attain truth, which is an inherently good activity. These rights also allow Nigerians to participate in representative governance, social and political decision-making, which the Federal Government and NBC are obligated to foster and encourage.”

According to the Plaintiffs: “Attempts to justify restrictions on these fundamental rights and freedom on the overly vague grounds of incitement, morality and subversion of the constituted authority contradict the principles of the universality of human rights. Freedom of Expression is a fundamental human right and cannot be denied without lawful justification.”

The Plaintiffs are also arguing that, “the application of the Nigerian Broadcasting Act 1992 and broadcasting code to sanction independent television and radio stations is arbitrary, and has created an environment in which independent media houses are censored, or resort to self-censorship.”

The Plaintiffs state that, “Despite the Freedom of Information Act in Nigeria which guarantees the right to access public records, the Federal Government and its agents and several states of Nigeria have routinely refused to release information sought.”

The Plaintiffs are also arguing that, “A lot of Nigerians at home and abroad rely on independent television and radio stations including online on their coverage of topical issues of public interest to access impartial, objective and critical information about ideas and views on how the Federal Government and its agents are performing their constitutional and international human rights obligations.”

The suit was filed on behalf of the Plaintiffs by their lawyers Kolawole Oluwadare and Opeyemi Owolabi.

Business

SERAP wants World Bank to publish records on electricity projects funded with $500m loan

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Socio-Economic Rights and Accountability Project (SERAP) has urged the World Bank President Mr David Malpass “to exercise the Bank’s prerogative to release archival records and documents relating to spending on all approved funds to improve access to electricity in Nigeria between 1999 and 2020, the Bank’s role in the implementation of any funded electricity projects, and to identify and name any executed projects, and Nigerian officials, ministries, departments and agencies involved in the execution of such projects.”

The World Bank Board of Directors had last week approved $500m “to help boost access to electricity in Nigeria and improve the performance of the electricity distribution companies in the country.”

But in the application dated 6 February 2021, and signed by SERAP deputy director Kolawole Oluwadare, the organization urged the Bank to “explain the rationale for the approval of $500m to implement electricity projects in the country, despite reports of widespread and systemic corruption in the sector, and the failure of the authorities to enforce a court judgment ordering the release of details of payments to allegedly corrupt electricity contractors who failed to execute any projects.”

SERAP said: “This application is brought pursuant to the World Bank’s Access to Information Policy, which aims to maximize access to information and promote the public good. There is public interest in Nigerians knowing about the Bank’s supervisory role and specifically its involvement in the implementation of electricity projects, which it has so far funded.”

According to SERAP, “The $500m is part of the over one billion dollars available to Nigeria under the project titled: Nigeria Distribution Sector Recovery Program. We would be grateful for details of any transparency and accountability mechanisms under the agreement for the release of funds, including whether there is any provision that would allow Nigerians and civil society to monitor the spending of the money by the government, its agencies, and electricity distribution companies.”

SERAP also said: “Should the Bank fail and/or refuse to release the information and documents as requested, SERAP would file an appeal to the Secretariat of the Bank’s Access to Information Committee to challenge any such decision, and if it becomes necessary, to the Access to Information Appeals Board. SERAP may also consider other legal options outside the Bank’s Access to Information framework.”

The letter copied to Shubham Chaudhuri, World Bank Country Director for Nigeria, read in part: “SERAP believes that releasing the information and documents would enable Nigerians and civil society to meaningfully engage in the implementation of electricity projects funded by the Bank, contribute to the greater public good, and enhance the Bank’s oft-stated commitment to transparency and accountability.

The World Bank has been and continues to be involved in overseeing the transfer, disbursement, spending of funds on electricity projects in Nigeria. The Bank also reportedly approved a $750 million loan for Nigeria’s electricity sector in June 2020 to cut tariff shortfalls, protect the poor from price adjustments, and increase power supply to the grid. As such, the World Bank is not a neutral party in this matter.

“SERAP is seriously concerned that the funds approved by the Bank are vulnerable to corruption and mismanagement. The World Bank has a responsibility to ensure that the Nigerian authorities and their agencies are transparent and accountable to Nigerians in how they spend the approved funds for electricity projects in the country, and to reduce vulnerability to corruption and mismanagement.

SERAP also believes that the release of the requested information and documents is of paramount important to the public interest in preserving the legitimacy, credibility and relevance of the Bank as a leading international development institution. The Bank ought to lead by example in issues such as transparency and public disclosure raised in this request.

“It would also demonstrate that the Bank is willing to put people first in the implementation of its development and governance policies and mandates, as well as remove any suspicion of the Bank’s complicity in the alleged mismanagement of electricity projects-related funds.

The information is also being sought to improve the ongoing fight against corruption in the country and the provision of regular and uninterrupted electricity supply to Nigerians as a fundamental human right.

“The information requested is not affected by the “deliberative” “corporate administrative matters” or “security and safety” exceptions under the Policy. The information requested is crucially required for Nigerians to know how the funds released to the authorities to improve electricity supply in the country have been spent, and monitor how the funds are being used.

SERAP’s report, titled: From darkness to darkness: How Nigerians are paying the price for corruption in the electricity sector documents widespread and systemic corruption in the electricity sector, and reveals how about N11 trillion electricity fund was squandered by successive administrations in Nigeria since the return of democracy in 1999.

“This report raises specific questions of public interest, and the World Bank ought to be concerned about how Nigerian authorities are addressing reports of widespread and systemic corruption in the electricity sector, and to seek some answers from the authorities on the problems.

However, as the report shows, the Bank’s funding of the electricity sector has not resulted in corresponding access of Nigerians to regular and uninterrupted electricity supply. Successive governments have failed to provide access to regular and reliable electricity supply to millions of the citizens despite budgeting trillions of naira for the power sector.

“Millions of Nigerians still lack access to free pre-paid meters. Authorities continue to use patently illegal and inordinate estimated billing across the country, increasing consumer costs, and marginalizing Nigerians living in extreme poverty, disproportionately affecting women, children and the elderly.”

SERAP therefore urged Mr Malpass to:

  1. Disclose and release information and documents relating to spending of funds approved and released to Nigeria between 1999 and 2020 to improve access to regular and uninterrupted electricity supply, including copies of supervision reports, periodic reviews and other appropriate reports on the Bank’s role in the spending and disbursement of the funds, as well as specific projects on which the funds have been spent.
  2. Disclose implementation status and results and completion reports on the electricity projects that the Bank has so far funded in Nigeria.
  3. Disclose information on the of level of involvement of World Bank in the implementation of electricity projects between 1999 and 2020.
  4. Disclose information on agreements and the mechanisms the Bank is putting in place to ensure transparency and accountability in the spending of all funds on electricity projects in Nigeria.
  5. Disclose the terms and conditions of all electricity projects related funds that have been approved for Nigeria between 1999 and 2020

Politics

SERAP gives Nigerian govt seven days to disclose details of N729bn payment to 24.3m poor Nigerians

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Socio-Economic Rights and Accountability Project (SERAP) has urged Ms Sadia Umar-Farouk, Minister of Humanitarian Affairs, Disasters Management and Social Development to “publish details of proposed payments of N729bn to 24.3 million poor Nigerians for six months, including the mechanisms and logistics for the payments, list of beneficiaries, and how they have been selected, projected payments per state, and whether the payments will be made in cash or through Bank Verification Numbers or other means.”

SERAP also urged her to “explain the rationale for paying N5,000 to 24.3 million poor Nigerians, which translates to five-percent of the country’s budget of N13.6 trillion for 2021, and to clarify if this proposed spending is part of the N5.6 trillion budget deficit.”

Ms Sadia Umar-Farouk had last week disclosed that the Federal Government would pay about 24.3 million poor Nigerians N5,000 each for a period of six months to “provide help to those impoverished by the COVID-19 pandemic.”

In the Freedom of Information request dated 23 January 2021 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “Publishing the details of beneficiaries and selection criteria, as well as the payment plan for six months would promote transparency and accountability, and remove the risks of mismanagement and diversion of public funds.”

SERAP said: “Transparency and accountability in the programme would improve public trust, and allow Nigerians to track and monitor its implementation, and to assess if the programme is justified, as well as to hold authorities to account in cases of diversion, mismanagement and corruption.”

SERAP also urged Ms Umar-Farouk to: “invite the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and Other Related Offences Commission (ICPC) to jointly track and monitor the payments.”

The FoI request, read in part: “We would be grateful if the requested information is provided to us within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions under the Freedom of Information Act to compel you to comply with our request.

“Providing support and assistance to socially and economically vulnerable Nigerians is a human rights obligation but the programme to spend five-percent of the 2021 budget, which is mostly based on deficit and borrowing, requires anti-corruption safeguards to ensure the payments go directly to the intended beneficiaries, and that public funds are not mismanaged or diverted.

“SERAP notes that the Nigerian Constitution of 1999 [as amended], UN Convention against Corruption, and African Union Convention on Preventing and Combating Corruption to which Nigeria is a state party require the government to set the highest standards of transparency, accountability and probity in programmes that it oversees.

“The government has a responsibility to ensure that these requirements and other anti-corruption controls are fully implemented and monitored, and that the payments are justified in light of the huge budget deficit and borrowing, and whether there are better ways to spend N729bn to support poor Nigerians.

“Several questions remain as to the implementation and monitoring mechanisms for the payments, and whether this is the best and most effective way to spend N729bn to support socially and economically vulnerable Nigerians.

“Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution 1999 [as amended], the Freedom of Information Act, and UN Convention against Corruption, African Union Convention on Preventing and Combating Corruption, and African Charter on Human and Peoples’ Rights to which Nigeria is a state party.

“By Section 1 (1) of the Freedom of Information (FoI) Act 2011, and Article 9 of the African Charter on Human and Peoples’ Rights, SERAP is entitled as of right to request for or gain access to information, including information on details of beneficiaries of the direct payments of N729bn.

“By Section 4 (a) of the FoI Act, when a person makes a request for information from a public official, institution or agency, the public official, institution or urgency to whom the application is directed is under a binding legal obligation to provide the applicant with the information requested for, except as otherwise provided by the Act, within seven days after the application is received.

“By Sections 2(3)(d)(V) & (4) of the FoI Act, there is a binding legal duty to ensure that documents containing information including information on details of payments of N729bn to N24.3 million poor and vulnerable Nigerians are widely disseminated and made readily available to members of the public through various means.

“The information being requested does not come within the purview of the types of information exempted from disclosure by the provisions of the FoI Act. The information requested for as indicated above, apart from not being exempted from disclosure under the FoI Act, bothers on an issue of national interest, public concern, interest of human rights, social justice, good governance, transparency and accountability.”

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