News From Nigeria
VIBROFLOTATION AND GEOTECHNICAL, PRISONERS CARE, OTHERS EULOGIZE ELSIE AJAYI IKOLI AS DIGNITARIES GATHER IN LAGOS
It takes time to form a country. It takes patience and dedication to change attitudes. When people from disparate places and cultures are brought together to form a Nation, it is never easy. In the long run, the tears and toil are worth it because the interactions lead to expansion of consciousness which drives human progress.
The journey of nationhood is not for timid souls. It was never easy for countries like India and China to rise. These countries have more divisions, ethnic, religious cleavages and groupings than we can ever imagine. The main thing that worked for them was that they never gave upstart military officers the chance to upend their civilian administration and throw their country into a fratricide war.
In times of distress, there are people in Nigeria who still look to the military for solutions. This is shameful. The military caused our problems. How did we arrive at this place where a lot of Nigerians still think the military have solutions to our problem? Are these folks’ victims of Military Induced Mental Retardation (MIMR) (pronounced Mama)? These people still think this way despite the overwhelming evidence to the contrary. This is the reason why the various legislative bodies have not seen it fit to abrogate the decrees of the military that ruled Nigeria on behalf of a certain group of people. This mentality is dangerous to our body politics. This is why a lot of these politicians pay courtesy visits to these soldiers of fortune that turned Nigeria into the Pariah nation.
MIMR is the reason the Nigerian lawyers don’t know their role in a democratic society. MIMR is the reason why we don’t have legal reforms. In a constitution that guarantees freedom of movement, the Nigerian is harassed daily on the highways by state agents.
Are we at war? Why is our freedom restricted? No lawyer has taken the government to court for this constitutional violation. This is pathetic. We need serious legal reforms. The method of appointing judges is very antiquated. We need to know the character of those who will be judges. Knowledge of jurisprudence should not be the only criteria. During the military years, the Nigerian lawyer played the role of stenographer for military decrees, and the judges took their decisions from the soldiers. Now they are playing almost the same role as politicians who have no idea why they were elected. They have abandoned the practice of law to become jesters at the feet of reckless politicians and conveyors of injustice at our courts. Our courts harbor judges who suffocate justice under their robes and consider military decrees of bygone era as a guild post for our state of jurisprudence.
All over the country, you see governors and other politicians seizing and damaging people’s properties without just compensation and there is no lawyer in sight to argue on behalf of the afflicted. A Dangote truck will damage and incinerate people on the highways, and no case is brought on behalf of the victims. The Nigerian Armed Forces go into a village for security duties and destroy the village, no justice for the victims. The governor pays a courtesy visit to the commander in chief. No lawyer files a lawsuit on behalf of the victim. The officer who issued the command to murder sleeping villagers is left to repeat the same scenario in another jurisdiction. We will protest if this happens in Palestine. It is happening in the Democratic Republic of Nigeria where the rights of the citizens are undermined daily by those they elected. These politicians did not gain power by a coup. If you listen to them with your eyes closed, you will think they are military officers who have just gained power through a coup d’etat. They don’t seek consensus. They give directives. Some of them defy court rulings with fanfare. The military infantilized everyone in Nigeria, but they pushed the lawyer back into the womb. This is atrocious.
As a nation, we must consider the fifty-five years of military rule in Nigeria as the years of locust. The journey of great nations is always evolutionary. The military years were the years when hatred of each other became ossified and personalized as the military played us against each other to prolong their power. The revolution is always a lie.
In history, most periods of revolutionary zeal turn to mirage. We will have good leaders, and we will have bad leaders. Each period is an opportunity to learn what to do and what not to do. The rush to think that some army general will appear and use a magical wand to achieve all we wish for is infantile and dangerous. No soldier can develop any nation. Nigeria is a testament to that foolery. It is the willingness of the people to understand the necessity to build bridges and lasting institutions of harmony that moves a nation forward. The rule of law is the cornerstone in this exercise. If we have the rule of law, the Nigerian will feel protected in any place he calls home. Ethnic crisis and tensions will dampen because he knows no matter what happens, the law will protect him from ethnic or religious vigilantism that is the breeding ground for timid souls that are still married to the past.
These people must be made to see the supremacy of the law as the sign of our progress. The journey is arduous, and our dream should be about building frameworks that last beyond our existence, because the nation that we dream of should always be a continuous journey of those who believe in tomorrow and understand that the yearning and aspiration of our people shall never die. This is all we can ask for as we toil in our little corner, to build tomorrow for the next generation.
We must strive to make tomorrow a brighter proposition for those coming after us. It is when we arrive at that place, we can say our work is done. This singularity is love that binds us beyond ethnic and religious proclivities, which robs us of our basic humanity. We can start this journey today and also understand that others who share the same aspirations with us may start their journey tomorrow. The wisdom we seek should give us the patience to know the difference and endure the pain and loneliness of waiting for those who are not ready today but will join us tomorrow.
For those who seek truth, justice and fairness, tomorrow is a distant horizon we must gaze at with hope, endurance and fortitude. Tomorrow is not a destination; it is a state of our being. The futuristic tomorrow may never come but our state of will be fulfilled and rewarded as our collective struggles will build monuments that last beyond our time. That is the tomorrow we seek, a place where our dreams will never die.
DR AUSTIN ORETTE WRITES FROM HOUSTON TEXAS
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.”
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.”
“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.
Kolawole Oluwadare
SERAP Deputy Director
7/04/2024
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
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