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SERAP drags Buhari, others to Court over ‘missing N106 billion in 149 MDAs’

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President Muhammadu Buhari has been dragged to Court by the
Socio-Economic Rights and Accountability Project (SERAP) “over his failure to probe allegations that N106 billion of public funds are missing from 149 ministries, departments and agencies (MDAs).

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SERAP wants those responsible prosecuted and any missing public funds recovered.

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The suit followed the grim allegations by the Office of the Auditor-General of the Federation in his 2018 annual audited report that N105,662,350,077.46 of public funds are missing, misappropriated or unaccounted for across 149 MDAs.

In the suit number FHC/ABJ/CS/903/2021 filed last week at the Federal High Court in Abuja, SERAP is seeking: “an order of mandamus to direct and compel President Buhari to promptly investigate the alleged missing N106 billion of public funds, ensure prosecution of anyone suspected to be responsible, and the full recovery of any missing public money.”

In the suit, SERAP is arguing that: “Recovering the alleged missing public funds would reduce the pressure on the Federal Government to borrow more money to fund the budget, enable the authorities to meet the country’s constitutional and international obligations, and reduce the growing level of public debts.”

According to SERAP: “Directing and compelling President Buhari to ensure the investigation and prosecution of the alleged grand corruption documented by the Auditor-General would be entirely consistent with the government’s own commitment to fight corruption, improve the integrity of MDAs, and serve the public interest.”

SERAP is also arguing that, “The alleged missing public funds have hampered the ability of the indicted MDAs to meet the needs of average citizens, as the missing funds could have helped the government to invest in key public goods and services, and to improve access of Nigerians to these goods and services.

Joined in the suit as Respondents are Mr Abubakar Malami, SAN, Minister of Justice and Attorney General of the Federation; and Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning.

SERAP is arguing that, “It is in the interest of justice to grant this application, as it would improve respect for the rights of Nigerians, and improve their access to essential public goods and services. The suit is in keeping with the requirements of the Nigerian Constitution 1999 [as amended]; anti-corruption legislation, and the country’s international obligations including under the UN Convention against Corruption; and the African Union Convention on Preventing and Combating Corruption to which Nigeria is a state party.”

SERAP is also seeking an order to compel the president “to publish full details of the yearly budgets of all MDAs, and issue regular updates that detail their expenditures, including by making any such information easily accessible in a form that can be understood by the public.”

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Joke Fekumo, read in part: “The failure to investigate the allegations of grand corruption in the 2018 annual audited report constitutes a grave violation of the duty placed on the Nigerian government to take appropriate measures to promote transparency and accountability in the management of public finances.”

“President Buhari’s constitutional responsibility to ensure the investigation and prosecution of allegations of corruption, as well as recovery of any missing public funds is contained in Section 15[5] of the Nigerian Constitution, which provides that ‘the State shall abolish all corrupt practices and abuse of power’, and in the Oath of Office in the Seventh Schedule of the Constitution.”

“The Oath of Office of the President is considered of such importance that section 140 of the 1999 Constitution provides that the President cannot perform his or her respective official functions as President without taking the oath of office.”

No date has been fixed for the hearing of the suit.

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BREAKING: Key contact details missing in petition to recall Senator Natasha Akpoti-Uduaghan – INEC

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The Independent National Electoral Commission, INEC, has acknowledged receiving a petition for the recall of the Senator representing Kogi Central Senatorial District but noted that key contact details of the petitioners were missing.

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In a press release signed by Sam Olumekun, the National Commissioner and Chairman of INEC’s Information and Voter Education Committee, the commission stated that the petition was submitted with six bags of documents containing signatures from more than half of the 474,554 registered voters in the district.

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However, the covering letter only provided a general location, “Okene, Kogi State,” without a specific address or multiple contact numbers as required by INEC’s regulations.

INEC emphasized that the recall process is guided by the 1999 Constitution, the Electoral Act 2022, and its 2024 Regulations and Guidelines for Recall.
The commission assured that once the petition meets all requirements, it will proceed with verifying the signatures using the Bimodal Voter Accreditation System (BVAS) in an open process involving petitioners, observers, and the media.

INEC is currently making efforts to reach the petitioners through other means and urged the public to disregard speculation on social media regarding the recall process.

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Natasha’s case to be assigned to another Judge as Egwuatu recuse himself, citing Akpabio’s petition

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Justice Obiora Egwuatu of the Federal High Court in Abuja, has recused himself from Senator Natasha Akpoti-Uduaghan’s case citing a petition by lawyers to Senator Godswill Akpabio.

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The case bothered on suspension of Senator Natasha Akpoti-Udughan from the Senate for six months, but a dramatic twist to it Justice Egwuatu who is presiding over the matter on Tuesday recused himself and ordered that the cas file be sent to the Chief Justice for reassignment.

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The trial judge based his decision on a petition the Senate President, Godswill Akpabio, wrote to challenge his objectivity in the matter.

Though the suit was originally fixed for hearing, however, when the matter was called up by the court’s clerk, Justice Egwuatu announced his decision in a short ruling he delivered.

He said the case-file would be returned to the Chief Judge for a reassignment to another judge.

It will be recalled that Justice Egwuatu had on March 4, issued an interim order that stopped the Senate Committee on Ethics, Privileges and Public Petitions from going ahead with the disciplinary proceeding that was initiated against Senator Akpoti-Uduaghan over an allegation that she flouted rules of the legislative house.

He held that the disciplinary process should be placed on hold, pending the determination of the suit that was brought before him by the embattled female lawmaker.

More so, Justice Egwuatu gave defendants in the matter, 72 hours to show cause why it should not issue an order of interlocutory injunction to stop them from probing the plaintiff for alleged misconduct, without affording her the privileges stipulated in the 1999 Constitution, as amended, the Senate Standing Order 2023, and the Legislative Houses (Powers and Privileges) Act.

He granted permission for the plaintiff to serve the Originating Summons and all the accompanying processes on all the defendants, through substituted means.

It held that they should be served by handing the processes to the Clerk of the National Assembly or by pasting them on the premises of the National Assembly and publishing same in two national dailies.

The interim orders followed an ex-parte application and an affidavit of urgency that was brought before the court by the lawmaker.

However, despite the orders of the court, the Senate Committee held its sitting and slammed the plaintiff with a six months suspension.

Following an application by the defendants, Justice Egwuatu subsequently amended the interim order he issued in favour of the plaintiff, by vacating the aspect that barred the Senate from undertaking any activity within the pendency of the suit.

The Senate President had through his team of lawyers led by Mr. Kehinde Ogunwumiju, SAN, queried the powers of the court to meddle in the affairs of the Senate.

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Reports of Justice Agim accompanying Wike to UNICAL convocation false, misleading Supreme Court

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The Supreme Court of Nigeria has denied that one of its justices, Justice Emmanuel Agim accompanies the Minister of the Federal Capital Territory to the convocation at the University of Calabar in the South South Nigeria.

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The denial came amid suspicion that Justice Agim who wrote a judgment of the Supreme Court in favour of the 27 lawmakers in Rivers State is close to Wike, hence, his presence around Wike has triggered speculations.

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Wike is the former governor of Rivers State and a current of the Federal Capital Territory (FCT) who controls lawmakers in Rivers.

In a statement issued on Monday by the Supreme Court’s Director of Information and Public Relations, Festus Akande, he refuted the claims, saying Agim attended the event on his own.

The statement described the rumour as misleading, insisting that Justice Agim attended the event as a honoree, urging Nigerians to disregard the social media lies.
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“Hon. Justice Agim attended the convocation as an esteemed honouree and an alumnus of the institution, who the Governing Council had found worthy to be conferred with an Honorary Doctorate Degree in Law (Doctor Honoris Causa),” the statement read.

“That Justice Agim was recognized for his significant contributions to the legal profession, which reflect his dedication to justice, integrity, and the rule of law.

Naija News reports that the statement highlighted that Justice Agim’s achievements serve as an inspiration for aspiring legal professionals and students alike.

The statement also addressed the claim that Justice Agim had attended the convocation ceremony in the company of Nyesom Wike.

It stressed that this was a false narrative, stating that Justice Agim’s attendance was independent of any government ministry or department and that he was not accompanying any government official.

“Any insinuation to the contrary is not only inaccurate but undermines the judicial independence that is crucial to our democracy,” the Supreme Court emphasized.

Additionally, the statement noted that Justice Agim had been scheduled to attend the burial ceremony of Hon. Justice Stanley Alagoa in Bayelsa State but had sought permission to attend the convocation ceremony instead.

In conclusion, the Supreme Court urged the media and the public to verify information through credible sources before dissemination.

“We encourage the public and media to verify information through credible sources before sharing or publishing to prevent the spread of misinformation,” the statement concluded.

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