The Ilorin Zonal Command of the Economic and Financial Crimes Commission, EFCC, has secured the conviction and sentencing of a 26-year-old forex trader, Kolawole Temidayo Joshua and two others for offences bordering on internet fraud.
The two others are Abdullahi Isiak and Daniel Roland Orji. The trio were jailed after pleading guilty to one-count separate charge bordering on internet fraud, consequent on their arraignment before Justice Mahmoud Abdulgafar of the Kwara State High sitting in Ilorin.
The charge against Joshua reads: “That you, Kolawole Temidayo Joshua, sometime between April and May, 2023 at Ilorin within the Judicial Division of the High Court, did cheat by personation, when you pretended to be one Mia Phillips vide your google voice account: denissefranptonphm85@gmail.com and induced one Daniel Murphy a.k.a Wagba Wealth and Danny, to part with gross sum of $400 (Four Hundred US Dollars) through Gift Cards and thereby committed an offence contrary to Section 321 of the Penal Code and punishable under Section 324 of the Penal Code”.
The defendants pleaded guilty to their respective one-count charge when they were read to them.
At the resumed hearing on Wednesday, October 11, 2023, EFCC counsels; Muinat Bello and Isabel Adeniran, while reviewing the facts of the cases narrated the circumstances that led to the arrest of the defendants. The counsels also tendered exhibits including phones, extra judicial statements and money which they brought as restitution by the defendants, which were admitted in evidence.
Justice Abdulgafar in his judgment found the defendants guilty and convicted them as charged. He sentenced Joshua to six months imprisonment with an option of fine of N500,000 (Five Hundred Thousand Naira Only) and ordered that one iphone 12 and the sum of $200 (Two Hundred United States Dollars), which are proceeds of the crime, be forfeited to the federal government.
The court also sentenced Isiak to six months imprisonment, which is to be suspended and ordered that the iphone 12 promax used as instrument of crime be forfeited to the Federal Government.
Equally, Orji was sentenced to six months imprisonment with an option of fine of N150,000( One Hundred and Fifty Thousand Naira only) while an iphone 6 and the sum of $250 (Two Hundred and Fifty United States Dollars), recovered from him, were forfeited to the Federal Government.
The three convicts’ began their journey to the Correctional Centre when they were arrested by operatives of the Commission, at three different locations in the state, for internet-related offences. They were investigated, prosecuted and convicted.
Media & Publicity
November 4, 2023.
N4.8bn fraud: Court issues bench warrant for the arrest of Chief Cletus Ibeto
Justice I.O. Ijelu of the Lagos State High Court sitting in Ikeja, Lagos, on Friday, November 3, 2023, issued a bench warrant for the arrest of a businessman; Chief Cletus Ibeto, for failing to appear in court for his arraignment over an alleged N4.8bn fraud.
The Judge had, on October 5, 2023, adjourned till November 3, 2023, the arraignment of Ibeto alongside Ibeto Energy Development Company and Odoh Holdings on 10-count charges bordering on obtaining by false pretences, fraudulent conversion of property, criminal breach of trust, forgery and deception, following an application and appeal by his lawyer, Onyechi Ikpeazu, SAN.
Ikpeazu, while seeking an adjournment, had told the court that “the law is not a respecter of any person. I am of the firm view that this is a matter that can be resolved; and if given some time, it can be resolved.” The defence counsel further told the court that he had no medical report with him, in court, to explain the absence of the defendant, adding that the issue at stake was one that could be resolved between the complainant and the defendants.
Responding, prosecution counsel, Rotimi Jacobs, SAN, said though plea bargain was encouraged even in criminal matters, “the EFCC gave them the opportunity to go and resolve their differences, but they did not seize the opportunity, even before the charges were filed. “There should be an arraignment first before the court will assume jurisdiction to do anything”, he said.
After listening to both parties, Justice Ijelu, at the last sitting, expressed concerns that the defence counsel seemed to be trying to deceive the court. The Judge held that defendant could not be shielded from coming to court and adjourned till November 3, 2023 for arraignment of the defendants.
However, at Friday’s proceedings, Ibeto was, again, absent in court.
Jacob, who informed the court that the matter was for arraignment, recalled that the defendants had been absent at previous sittings on September 28, and October 5, 2023. “Your lordship will recall that on the 28th of September 2023, this matter came up for arraignment and my friend, Okoko, SAN appeared for the defendants and pleaded with my lord for adjournment till 5th of October 2023 to enable him produce the defendant.
Your lordship graciously granted the request. On the 5th of October , my learned brother silk, Ikpeazu, SAN, came and represented the defendants and also pleaded with your lordship for adjournment on the grounds that he wanted to talk to the prosecution to do plea bargain, and your lordship insisted that the defendant, whatever step to be taken, must be present in court. Today, the learned senior advocate did not appear. They now brought another counsel to, again, say that he is not in court”, he said.
Counsel for the defendants, D.A. Awosika, SAN, who apologized for the absence of his client, said that the defendant had an underlying ailment. He said: “I am not here to grandstand and I am not here to disrespect the court. The defendants will always come before the court to take their pleas. However, the position of the law is that when you have a criminal proceedings, it is bifurcated into two: there are proceedings before plea is taken; and there proceedings after plea is taken.” He, thereafter, argued that the defence had an application before the court challenging the jurisdiction of the court to hear the case.
Citing several references, he argued that the application ought to be heard before the plea could be taken. “He is not running away from the court. He is not disrespecting the court. I am urging my lord to allow the defence to move its application challenging jurisdictiction”, he said.
Responding, Jacob noted that a similar argument was canvassed by the previous counsel, adding that “your lordship said that you will not take any objection until the court assumes jurisdiction first and sees that the arraignment takes place. It is then other applications can be taken”. He said, the references adduced by the defence, “were before the advent of the Administration of Criminal Justice Law, particularly at the Federal level, and adopted by the Lagos State Administration of Criminal Justice Law as amended.” Citing Section 374 of the ACJL Lagos State as amended, he argued that the defendant had to take his plea before the defendant could make any application or objection to the charges.
After listening to all the arguments, Justice Ijelu, in a terse ruling, held that the defendant must take his plea before any application could be taken. “The notice of preliminary objection filed in this case as referred by the defence counsel is challenging the jurisdiction of the court. The law is that jurisdictional issues can be raised at any time in the proceedings. However , the court is of the view that the question of jurisdiction should not be employed to delay the dispensation of justice. From the record of this court, it appears evident that an attempt is being made to shield the defendant from arraignment in this case under so many disguises. In the circumstance, the court holds that defendants have to take their pleas and thereafter bring their objection, which the court should consider along with the substantive issues and a ruling made”, he said.
Thereafter, Jacobs applied to the court for the issuance of a bench warrant for the arrest of the defendant. Awosika told the court that the defendant was old and had underlying health issues. He, therefore, raised an objection to the application, arguing that “there’s no basis for the bench warrant.”
The court, however, held that there was no cogent reason placed before the court for the continuous absence of the defendant.
The objection of the defence to the application for a bench warrant was, thereafter, dismissed by the trial judge.
Justice Ijelu held that “ The application for bench warrant succeeds, and this case is further adjourned till November 15, 2023 for arraignment.”
Media & Publicity
November 3, 2023
STATE HOUSE PRESS RELEASE
PRESIDENT TINUBU CONDOLES WITH GOVERNOR SOLUDO OVER PASSING OF FATHER
President Bola Tinubu sympathizes with the Executive Governor of Anambra State, Professor Chukwuma Soludo, over the passing of his father.
The President says Pa Simeon Soludo, who was a dignified and charitable family man, lived a fruitful life that is exemplified in the achievements, personal quality, and sterling records of his son, Governor Chukwuma Soludo.
“I pray the Almighty God grant your beloved father eternal rest. He lives through you still; in your sincerity, good works and deeds,” the President says.
President Tinubu encourages Governor Soludo and the good people of Anambra State to take solace in the excellent legacy of the departed nonagenarian.
The late Pa Soludo was 92 at the time of his passage into glory.
He is survived by seven sons; many grandchildren and great-grandchildren.
Chief Ajuri Ngelale
Special Adviser to the President
(Media and Publicity)
November 6, 2023
SANWO-OLU CONDOLES SOLUDO ON FATHER’S DEATH
Lagos State Governor, Mr. Babajide Sanwo-Olu on Monday commiserated with his Anambra State counterpart, Governor Charles Soludo, on the death of his father, Pa Simeon Nwankwo Soludo.
The patriarch of the Soludo family of Umueze, Isuofia community, in Anambra State, died at the age of 92 in the early hours of Monday after a protracted illness.
Governor Sanwo-Olu in a statement issued on Monday by his Chief Press Secretary, Mr. Gboyega Akosile, said Pa Nwankwo Soludo lived a fulfilled life.
He urged Governor Soludo, the deceased family, friends and associates, as well as indigenes of Umueze, Isuofia community and the entire people of Anambra State to immortalise the good name of the late nonagenarian.
Governor Sanwo-Olu said no matter how old, no one wants to lose his or her loved ones, saying that the fact that Pa Soludo left a legacy and died at the ripe age of 92, called for celebration.
He said, “On behalf of the good people of Lagos State and my adorable wife, Ibijoke, I sympathise with my colleague, Governor Charles Soludo, on the demise of his beloved father, Pa. Simeon Nwankwo Soludo.
“I also send my heartfelt condolences to the entire Soludo family and the people of Anambra State over the death of the Governor’s father.
“The elderly and wise counsel of Pa Soludo would be sorely missed not only by his family but the entire people of Umueze, Isuofia community and the entire people of Anambra State.
“I pray God will grant Pa Simeon Nwankwo Soludo eternal rest and grant the family the fortitude to bear the irreparable loss.”
SIGNED
GBOYEGA AKOSILE
CHIEF PRESS SECRETARY
06 NOVEMBER 2023
STATE HOUSE PRESS STATEMENT
PETER OBI SHOULD FIND BETTER VOCATION INSTEAD OF CASTING ASPERSIONS ON THE JUDICIARY
Labour Party Presidential candidate in the last election, Mr. Peter Obi, addressed a press conference, just like Atiku Abubakar, where he cast aspersions on the Supreme Court and the Independent National Electoral Commission for not declaring him the winner of the February 25, 2023 election.
We are at a loss as to how the copy-cat Obi and his faction of Labour Party convinced themselves they won an election in which they came a distant third.
The grand delusion that made Mr. Obi believe he could have won a national election where he ran the most hateful, divisive and polarising campaign that pitched Christians against Muslims and one ethnic group against the other in a multi-ethnic and multi-religious society like Nigeria should be a matter for deeper examination.
At the press conference where he tried, in vain, to gaslight Nigerians with false claims and innuendos, Mr. Obi contradicted himself. Here was a beneficiary of judicial pronouncements in the past now castigating the same court because its judgment did not go his way.
Mr. Obi claimed the Supreme Court justices didn’t consider public opinion in delivering what has been applauded as a most profound judgement in an election appeal where the Labour Party candidate presented the most watery and unreasonable petition before any court in the history of electoral cases in Nigeria.
He made false allegations of rigging and other electoral malpractices yet could not produce any evidence to back up his claims at both the court of first instance and at the apex court. In a failed effort to mobilise and retain the support of his supporters, Obi gave them a forlorn hope that he won the election and would prove it before the courts. Throughout the trial, his lawyers didn’t present any alternative results different from the results INEC uploaded on the IReV portal and the ones signed by all party agents from the 176,000 polling units.
We wonder how the Labour Party candidate expected the courts to do justice on the basis of rumours, lies and false narratives by sponsored partisans and fanatical members of his Obidient Movement.
We expected the Labour Party candidate to know that the Supreme Court or any other court does not give judgment based on public opinion and mob sentiments. Judicial pronouncements are based on evidence, precedents and the rule of law.
Having admitted that the Supreme Court ruling brought an end to litigation and any challenge to the bona-fide of President Bola Ahmed Tinubu as the validly elected leader of Nigeria and Commander-in-Chief of the Armed Forces, Obi should have congratulated President Tinubu for his victory and pledge his support, in the spirit of statesmanship.
But instead, he brought up extraneous matters that he thought the apex court should have considered to declare him the winner. In our view, the drowning Obi, just like Atiku, was merely attempting to hold on to a straw in raking up new allegations, which exist only in his imagination and that of his hordes of supporters.
Our admonition to Mr. Peter Obi is to find another worthwhile vocation to engage his time henceforth, having been rejected by majority of Nigerians who didn’t consider him qualified to lead our country.
Nigerians rejected Peter Obi and his demagoguery at the poll because he posed present and future danger to the peace, progress and stability of our country.
Obi’s antecedents as Governor of Anambra for eight years didn’t inspire any confidence as someone capable of running a country like Nigeria. No tangible records of achievement in the state he governed recommended him for the Presidency of Nigeria.
If Mr. Peter Obi truly believes in Nigeria, the time to prove it is now when all men and women of goodwill are rallying support for President Tinubu in his determination to lead a new era of prosperity, inclusive governance and economic growth in Nigeria.
Finally, we welcome Obi and his party to play the role of the opposition and start preparing for another shot at the presidency in 2027.
We hope by then he would campaign on issues and not whip up religious and ethnic sentiments as he did in the last campaign.
Bayo Onanuga
Special Adviser to the President on Information & Strategy
November 6, 2023
Supreme Court judgment a show of unreasonable force against Nigerian , says Peter Obi
Remarks at a Press Conference by Mr. Peter Gregory Obi, CON Presidential Candidate of the Labour Party on The Supreme Court Judgment of 26th October, 2023 On the 2023 Nigeria Presidential ElectionHeld in Abuja, FCT, on [Monday 6th November, 2023Protocols,
1.Fellow countrymen and women. Gentlemen of the Media, Good day and welcome to this press conference.
Kindly permit me to make some brief remarks on the recent ruling of the Supreme Court, the highest court in Nigeria.
- About a fortnight ago, I was traveling abroad on a prior scheduled engagement when I received the notice that the Supreme Court would give judgment on Thursday 26th October 2023 on our challenge of the ruling of the Presidential Election Petitions Court (PEPC). That judgment has since been delivered as scheduled. The leadership of the Labour Party has already pronounced its position on the judgment.
- As someone who has previously benefited from the rulings of the Supreme Court on electoral matters, I have, after a period of deep and sober reflection, decided to personally and formally react to the recent judgment as most Nigerians have. Because we are confronted with very weighty issues of national interest, I will speak forthrightly. As students young lads at CKC, Onitsha, we were taught values and admonished to always; “choose the harder right, instead of the easier wrong.”
- Setting legal issues aside, the Supreme Court exhibited a disturbing aversion to public opinion just as it abandoned its responsibility as a court of law and policy. It is, therefore, with great dismay that I observe that the Court’s decision contradicts the overwhelming evidence of election rigging, false claim of a technical glitch, substantial non-compliance with rules set by INEC itself as well as matters of perjury, identity theft, and forgery that have been brought to light in the course of this election matter. These were hefty allegations that should not to be treated with levity. More appalling, the Supreme Court judgment willfully condoned breaches of the Constitution relative to established qualifications and parameters for candidates in presidential elections. With this counter-intuitive judgment, the Supreme Court has transferred a heavy moral burden from the courtrooms to our national conscience. Our young democracy is ultimately the main victim and casualty of the courtroom drama.
- Without equivocation, this judgment amounts to a total breach of the confidence the Nigerian people have in our judiciary. To that extent, it is a show of unreasonable force against the very Nigerian people from whom the power of the Constitution derives. This Supreme Court ruling may represent the state of the law in 2023 but not the present demand for substantive justice. The judgment mixed principles and precepts. Indeed, the rationale and premise of the Supreme Court judgment, have become clearer in the light of the deep revealing and troubling valedictory remarks by Hon. Justice Musa Dattijo Muhammad, (JSC) on Friday 27th October 2023.
- In disagreeing very strongly with the ruling of both the Presidential Petitions Court (PEPC) and the Supreme Court on the outcome of the 25th February 2023 Presidential election as declared by Independent National Electoral Commission (INEC), as democrats who believe in the rule of law, we recognize that the Supreme Court is the end stage of the quest for legal closure to the matter. As a party and as candidates, Datti and I have now exhausted all legal and constitutional remedies available to us. However, this end is only another beginning in our quest for the vindication of the hope of the common man for a better country. After all, sovereignty belongs to the people! If only for historical purposes, it behooves us to place our disagreement with and deep reservations about this judgment on public record.
- We have long been aware of how weak national institutions have negatively affected our democracy. This year 2023 has been quite remarkable and revealing. INEC has displayed incompetence in the conduct of its statutory duty. The judiciary has largely acted in defiance of constitutional tenets, precedents, and established ground rules. Political expediency has preceded judicial responsibility. A mechanical application of technicalities has superseded the pursuit of justice and fairness. Both INEC and the Supreme Court as the referees respectively shifted the goalposts in the middle of the game.
- Where the value and import of the recent Supreme Court ruling ends is where our commitment to a New Nigeria begins. Our mission and mandate remain unchanged. From the very onset, our mission has been more about enthroning a new Nigeria. It is a new nation where things work, where the country is led from its present waste and consumption orientation to a production-driven economy. Our commitment is to a nation anchored on the principles of prudent management of resources to quickly pull millions out of multidimensional poverty, ensuring transparency and accountability in the equitable distribution of opportunities, resources, and privileges. In the new Nigeria, we aim to address all unmet needs by showing compassion for all those left behind by the present system.
- Going forward, we in the Labour Party and the Obidient Movement are now effectively in opposition. We are glad that the nation has heard us loud and clear. We shall now expand the confines of our message of hope to the rest of the country. We shall meet the people in the places where they feel pain and answer their needs for hope. At marketplaces, motor parks, town halls, board rooms, and university and college campuses, we all carry and deliver the message of a new Nigeria. As stake holders and elected Labour Party officials, we shall remain loyal to our manifesto.We will continue to canvas for good governance and focus on issues that promote national interest, unity, and cohesion. We will continue to give primacy to our Constitution, the rule of law, and the protection of ordered liberties. We will offer the checks and balances required in a functional democracy and vie robustly in forthcoming elections to elect those who share our vision of a new Nigeria.
- Given our present national circumstances, there is a compelling need for a strong political opposition. We shall, therefore, remain in opposition, especially because of the policies and the governance modalities that we in the Labour Party campaigned for, especially reducing the cost of governance, moving the nation from consumption to production, reducing inflation, ending insecurity, promoting the rule of law, guaranteeing the responsibility to protect, and stabilizing the Nigerian currency; are clearly not the priorities of the present administration nor is it interested in achieving Sustainable Development Goals (SDGs).
- If there is one thing that has immensely gladdened my heart in the course of the struggle of the past 18 months, it is the passionate desire of our people, especially our young people from across ethnic and religious divides, to construct a new and restructured Nigeria that will work for all Nigerians. That goal remains my guiding light and abiding inspiration.
- Finally, I thank all Nigerians who believed in what is now only a revolution postponed. We deeply appreciate the unalloyed non-partisan moral support millions of youth and ordinary Nigerians across ethnic, religious, and geopolitical divides have continued to give to Dr. Datti Baba-Ahmed and me.
- We extend our heartfelt gratitude to the Nigerians who have supported this mission from the onset. We salute the leadership and members of the Labour Party, the Obidient Movement, the Obi-Datti Presidential Campaign Council, Nigerians in the Diaspora, Support Groups, and all people of goodwill who worked diligently and hoped for the realization of the beginnings of a New Nigeria in this election cycle.
- Nigerians who supported our cause have done so out of patriotism and their sincere conviction that our nation requires and deserves dedicated and visionary leaders who will lead Nigeria toward a brighter future. The energy and dedication of Nigerian Youths and the Obedient Movement have been simply amazing. I appreciate and salute them! I want to assure them that this is not the end of our journey; but in fact, the beginning. Nigeria heard you. The world has taken note and will not forget so easily. We shall endure, persist, until we get to our destination because a new Nigeria is our destination. A destination not an event.
- We thank, in a special way, our legal team. We also thank our elder States-Men, whose wise counsel were immeasurable To them, we wish to state unequivocally that this judicial outcome – an obvious misrepresentation of substantial justice – has by no means foreclosed the realization of a new Nigeria that is Possible.
- On a personal note, I take personal pride and express gratitude to those who share our vision; and who have also exhibited rare courage to challenge the nefarious system, the genuineness of individuals’ identities and their defining and qualifying particulars up to the highest extent allowed by law. Nigeria holds out hope of infinite possibilities leading to our desirable greatness. I remain consistent in my belief in the possibility of a new Nigeria built on character competence, capacity, compassion, integrity, and respect for the rule of law based on justice and fairness.
- God bless us all. God bless the Federal Republic of Nigeria.
Mr. Peter Gregory Obi, CON Presidential Candidate of Labour Party.
Obi –Datti Campaign Organization Office Abuja, FCT.Monday 6th November 2023.
November 6, 2023
Press Statement
Imo: Emulate IGP, Remove Sylvia Agu as Imo REC to Avert Crisis- PDP Cautions INEC Chairman Again
The Peoples Democratic Party (PDP) again charges the Chairman of the Independent National Electoral Commission (INEC) Prof. Mahmood Yakubu, to immediately redeploy the Imo State Resident Electoral Commissioner (REC), Prof. Sylvia Agu, for allegedly being compromised to manipulate the November 11, 2023 governorship elections in Imo States in favour of the All Progressives Congress (APC).
The PDP urges the INEC Chairman to take a cue from the Inspector General of Police who redeployed the Commissioner of Police in Imo State in response to the outcry and demands of the people for neutrality in the November 11, 2023 governorship election in the State.
Prof. Yakubu should forestall an impending crisis in the Imo State election by heeding the insistent outcry, Petitions and Protests by the people of Imo State, Political Parties, Civil Society Organizations as well as Ohaneze Youth Council for the removal of the Prof. Sylvia Agu who has been allegedly compromised by the APC.
The people of Imo State cannot accept any electoral process with Prof. Agu as REC, given her reported role in the brazen manipulation of the 2023 National and House of Assembly elections in Imo State in favour of the APC, which is still in the public domain.
The redeployment of Sylvia Agu out of Imo State is therefore the only way to restore confidence in the electoral process, guarantee a credible election and avert crisis in the State.
This is especially so as there are very disturbing allegations in the public space of clandestine meetings between Prof. Agu and certain APC agents said to have been facilitated by her close relative, who is an APC national officer, ahead of the November 11, 2023 governorship election in Imo State.
The PDP calls on the INEC Chairman to note that the integrity of an election principally lies in the confidence of the electorate in the electoral process.
Prof. Sylvia Agu has lost the rectitude as Resident Electoral Commissioner and should not be part of the conduct of the November 11, 2023 governorship election. Her continuing stay in office as Imo REC is vexatious and a recipe for crisis.
The PDP therefore restates its demand on the INEC Chairman to immediately redeploy Prof. Sylvia Agu out of Imo State so as to restore the confidence of the people and the integrity of the electoral process.
Signed:
Hon. Debo Ologunagba
National Publicity Secretary
STATE HOUSE PRESS RELEASE
PRESIDENT TINUBU CONDOLES WITH CANADIAN GOVERNMENT AND VICTIMS OF FCT FIRE INCIDENT
President Bola Ahmed Tinubu sympathizes with the Canadian government, diplomatic community, and all persons affected by a fire incident which occurred on Monday at the Canadian High Commission in Abuja.
The President assures the Canadian authorities of the full support of the Nigerian government in the aid of diplomatic and local staff of the High Commission who were particularly affected by the incident.
President Tinubu prays for the repose of the departed souls and wishes all injured persons a rapid and full recovery.
Chief Ajuri Ngelale
Special Adviser to the President
(Media & Publicity)
November 6, 2023
NEITI report: SERAP sues Tinubu over failure to probe missing $15bn, N200bn oil revenues
Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over “the failure to probe the grim allegations that over US$15 billion oil revenues, and N200 billion budgeted to repair the refineries in Nigeria are missing and unaccounted for between 2020 and 2021.”
The allegations are contained in the 2021 report by the Nigeria Extractive Industries Transparency Initiative (NEITI).
In the suit number FHC/L/CS/2334/2023 filed last Friday at the Federal High Court in Lagos, SERAP is seeking: “an order of mandamus to direct and compel President Tinubu to probe the allegations that US$15bn of oil revenue, and N200bn budgeted to repair and maintain the refineries in Nigeria are missing and unaccounted for.”
SERAP is also seeking: “an order of mandamus to compel President Tinubu to direct appropriate anti-corruption agencies to probe allegations of corruption involving the Nigerian Petroleum Development Company Limited, Nigerian Upstream Petroleum Regulatory Commission (NPDC) and State Owned Enterprises (SOE).”
SERAP is also seeking: “an order of mandamus to compel President Tinubu to use any recovered proceeds of corruption to enhance the well-being of Nigerians.”
In the suit, SERAP is arguing that: “There is a legitimate public interest in ensuring justice and accountability for these serious allegations. Granting the reliefs sought would end the impunity of perpetrators and ensure justice for victims of corruption.”
SERAP is also arguing that, “The allegations of corruption documented by NEITI undermine economic development of the country, trap the majority of Nigerians in poverty and deprive them of opportunities.”
According to SERAP, “Unless the President is directed and compelled to get to the bottom of these damning revelations, suspected perpetrators would continue to enjoy impunity for their crimes and enjoy the fruits of their crimes.”
SERAP is arguing that, “Many years of allegations of corruption and mismanagement in the spending of oil revenues and impunity of perpetrators have undermined public trust and confidence in governments at all levels.”
SERAP is also arguing that, “The findings by NEITI suggest a grave violation of the provisions of the Nigerian Constitution 1999 [as amended], national anticorruption laws, and the country’s obligations under the UN Convention against Corruption.”
The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Andrew Nwankwo, and Ms Valentina Adegoke, read in part: “The Tinubu government has a constitutional duty to ensure transparency and accountability in the spending of the country’s oil wealth.”
“SERAP is seeking an order of mandamus to direct and compel President Tinubu to put in place mechanisms for accountability and transparency in the oil sector.”
“Section 13 of the Nigerian Constitution imposes clear responsibility on the government to conform to, observe and apply the provisions of Chapter 2 of the constitution. Section 15(5) imposes the responsibility on the government to ‘abolish all corrupt practices and abuse of power’ in the country.”
“Under Section 16(1) of the Constitution, the government has a responsibility to ‘secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.’”
“Section 16(2) further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’”
“Similarly, articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on the government to ensure proper management of public affairs and public funds, and to promote transparent administration of public affairs.”
“The UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption obligate the government to effectively prevent and investigate the plundering of the country’s wealth and natural resources and hold public officials and non-state actors to account for any violations.”
“Specifically, article 26 of the UN convention requires the government to ensure ‘effective, proportionate and dissuasive sanctions’ including criminal and non-criminal sanctions, in cases of grand corruption.”
“Article 26 complements the more general requirement of article 30, paragraph 1, that sanctions must take into account the gravity of the corruption allegations.”
“Nigeria is also a participating state of the Extractive Industries Transparency Initiative (EITI), which aims to foster greater governmental accountability for the use of natural resource wealth through the creation of a set of international norms on revenue transparency.”
“EITI also aims to tackle corruption, poverty and conflict associated with natural resource wealth. Nigeria has the obligations to implement the EITI Standard, which sets out the transparency norms with which participating States including Nigeria must comply.”
“According to the 2021 report by NEITI, government agencies including the Nigerian Petroleum Development Company (NNPC) and the Nigerian Upstream Petroleum Regulatory Commission (NPDC) failed to remit $13.591 million and $8.251 billion to the public treasury.”
“The NNPC and NPDC failed to remit over 70% of these public funds. NEITI wants both the NNPC and NPDC to be investigated, and for the missing public funds to be fully recovered.”
“The report also shows that in 2021, the State Owned Enterprises (SOE) and its subsidiaries (the NNPC Group) reportedly spent US$6.931billion on behalf of the Federal Government but without appropriation by the National Assembly. The money may be missing.”
“The NNPC also reportedly obtained a loan of $3 billion in 2012 purportedly to settle subsidy payments due to petroleum product marketers but there is no disclosure of the details of the loan, subsidy and the beneficiaries of the payments.”
“The report also shows that N9.73 billion was paid to the NNPC as pipeline transportation revenue earned from Joint Venture operations but the money was neither remitted to the Federation nor properly accounted for. The NPDC in 2021 also failed to remit $7.61 million realized from the sale of crude oil.”
“The report documents that about N200 billion was spent on ‘refineries rehabilitation’ between 2020 and 2021 but ‘none of the refineries was operational in 2021 despite the spending.’ NEITI wants the spending to be investigated, as the money may be missing.”
Joined in the suit as Respondent is Mr Lateef Fagbemi, SAN, the Attorney General of the Federation and Minister of Justice.
No date has been fixed for the hearing of the suit.
Kolawole Oluwadare
SERAP Deputy Director
5/11/2023
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202