Socio-Economic Rights and Accountability Project (SERAP) has initiated legal proceedings against President Bola Tinubu concerning the alleged failure to investigate grave accusations. These accusations pertain to the disappearance of over US$15 billion in oil revenues and N200 billion earmarked for the repair of Nigerian refineries between 2020 and 2021. This development was announced in a statement released by SERAP’s Deputy Director, Kolawole Oluwadare, on a Sunday.
The allegations in question are based on the 2021 report published by the Nigeria Extractive Industries Transparency Initiative (NEITI).
In the lawsuit numbered FHC/L/CS/2334/2023, filed last Friday at the Federal High Court in Lagos, SERAP seeks various legal actions. These include “an order of mandamus to direct and compel President Tinubu to investigate the allegations of US$15 billion in missing oil revenue and N200 billion allocated for refinery repair and maintenance.”
SERAP is also pursuing “an order of mandamus to compel President Tinubu to instruct relevant anti-corruption agencies to investigate corruption allegations involving the Nigerian Petroleum Development Company Limited, Nigerian Upstream Petroleum Regulatory Commission (NPDC), and State-Owned Enterprises (SOE).”
Additionally, SERAP aims to secure “an order of mandamus to compel President Tinubu to utilize any recovered proceeds from corruption to enhance the well-being of Nigerians.”
SERAP contends that there is a valid public interest in ensuring justice and accountability for these serious allegations. Granting these reliefs would put an end to the impunity of wrongdoers and ensure justice for corruption victims.
SERAP asserts that the documented corruption allegations by NEITI undermine the country’s economic development, condemn the majority of Nigerians to poverty, and deprive them of opportunities.
According to SERAP, unless the President is directed and compelled to thoroughly investigate these troubling revelations, suspected wrongdoers will continue to evade accountability for their actions.
SERAP maintains that years of corruption and mismanagement in the utilization of oil revenues, as well as the impunity of the culprits, have eroded public trust and confidence in governments at all levels.
Furthermore, SERAP argues that the findings by NEITI indicate a serious violation of the Nigerian Constitution of 1999 (as amended), national anti-corruption laws, and the country’s obligations under the UN Convention against Corruption.
The lawsuit was filed on behalf of SERAP by its legal representatives, Kolawole Oluwadare, Andrew Nwankwo, and Ms. Valentina Adegoke. It emphasizes the government’s constitutional obligation to ensure transparency and accountability in the use of the country’s oil wealth.
The suit references several sections of the Nigerian Constitution, UN Convention against Corruption, and African Union Convention on Preventing and Combating Corruption, which obligate the government to prevent corruption and investigate the misappropriation of the nation’s wealth and natural resources.
SERAP highlights the need for effective sanctions against grand corruption and the importance of transparency in managing public affairs and funds, in accordance with international agreements and obligations.
It’s important to note that Nigeria is a participating state of the Extractive Industries Transparency Initiative (EITI), which promotes governmental accountability in natural resource wealth management. NEITI has revealed discrepancies in the remittances of funds by government agencies, raising concerns about missing public funds. Similarly, expenditures related to refinery rehabilitation are being questioned, as the refineries remained non-operational despite substantial spending.
Lateef Fagbemi, SAN, the Attorney General of the Federation and Minister of Justice, is listed as a respondent in the lawsuit. No specific hearing date has been set yet.
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