Socio-Economic Rights and
Accountability Project (SERAP) has asked the Federal High Court, Abuja to order
President Muhammadu Buhari to “publish details of loans that have been obtained
by the government since May 29, 2015, including the interest rate, the total
amount of debts that have so far been incurred by this government, as well as
details of the projects on which the loans have been spent.”
Accountability Project (SERAP) has asked the Federal High Court, Abuja to order
President Muhammadu Buhari to “publish details of loans that have been obtained
by the government since May 29, 2015, including the interest rate, the total
amount of debts that have so far been incurred by this government, as well as
details of the projects on which the loans have been spent.”
Joined as Respondents in the suit
number FHC/ABJ/CS/785/2020 are Mr Abubakar Malami, Attorney General of the
Federation and Minister of Justice; Ms Zainab Ahmed, Minister of Finance,
Budget and National Planning; and Ms Patience Oniha Director-General of the
Debt Management Office.
number FHC/ABJ/CS/785/2020 are Mr Abubakar Malami, Attorney General of the
Federation and Minister of Justice; Ms Zainab Ahmed, Minister of Finance,
Budget and National Planning; and Ms Patience Oniha Director-General of the
Debt Management Office.
SERAP is seeking: “an order of
mandamus to direct and compel President Buhari to tell Nigerians the names of
countries and bodies that have given the loans, specific repayment conditions,
and whether any public officers solicited and/or received bribes in the
negotiations for any of the loans, and if there is plan to audit the spending
of the loans, to resolve any allegations of mismanagement and corruption.”
mandamus to direct and compel President Buhari to tell Nigerians the names of
countries and bodies that have given the loans, specific repayment conditions,
and whether any public officers solicited and/or received bribes in the
negotiations for any of the loans, and if there is plan to audit the spending
of the loans, to resolve any allegations of mismanagement and corruption.”
SERAP is also asking the court to:
“direct and compel President Buhari to tell Nigerians if he would instruct the
Independent Corrupt Practices and Other Related Offences Commission (ICPC) and
Economic and Financial Crimes Commission (EFCC) to monitor the spending of all
loans obtained since May 2015.”
“direct and compel President Buhari to tell Nigerians if he would instruct the
Independent Corrupt Practices and Other Related Offences Commission (ICPC) and
Economic and Financial Crimes Commission (EFCC) to monitor the spending of all
loans obtained since May 2015.”
SERAP is arguing that: “Opacity in the
spending of loans would continue to have
spending of loans would continue to have
negative impacts on the fundamental
interests of citizens.
interests of citizens.
Transparency would ensure that the
loans are not diverted to private pockets, increase public trust that these
loans would be used to benefit Nigerians, provide good value for money, and
reassure Nigeria’s creditors.”
loans are not diverted to private pockets, increase public trust that these
loans would be used to benefit Nigerians, provide good value for money, and
reassure Nigeria’s creditors.”
According to SERAP, “This suit is
permitted under the Freedom of Information Act, the African Charter on Human
and Peoples’ Rights, and the UN Convention against Corruption to which Nigeria
is a state party.”
permitted under the Freedom of Information Act, the African Charter on Human
and Peoples’ Rights, and the UN Convention against Corruption to which Nigeria
is a state party.”
SERAP is also arguing that: “While
access to loans can provide indispensable resources, the mismanagement and
squandering of any such resources would be counter-productive. Nigerians should
no longer be made to repay debts incurred in their name but which have not
benefited them in any manner, shape or form.”
access to loans can provide indispensable resources, the mismanagement and
squandering of any such resources would be counter-productive. Nigerians should
no longer be made to repay debts incurred in their name but which have not
benefited them in any manner, shape or form.”
The suit followed SERAP’s Freedom of
Information (FoI) request dated 30 May, 2020 to President Buhari, expressing
“concerns that while governments since 1999 have borrowed money in the name of
Nigeria and its citizens, much of the funds have reportedly been mismanaged,
stolen or squandered, leaving the citizens with the burden of having to repay
these loans.”
Information (FoI) request dated 30 May, 2020 to President Buhari, expressing
“concerns that while governments since 1999 have borrowed money in the name of
Nigeria and its citizens, much of the funds have reportedly been mismanaged,
stolen or squandered, leaving the citizens with the burden of having to repay
these loans.”
The suit filed on behalf of SERAP by
its lawyers Kolawole Oluwadare and Adelanke Aremo, read in part: “the massive
and growing national debts have continued to have negative impacts on
socio-economic development and on Nigerians’ access to public goods and
services, including quality education, adequate healthcare, clean water, and
regular electricity supply.”
its lawyers Kolawole Oluwadare and Adelanke Aremo, read in part: “the massive
and growing national debts have continued to have negative impacts on
socio-economic development and on Nigerians’ access to public goods and
services, including quality education, adequate healthcare, clean water, and
regular electricity supply.”
“SERAP is praying the court to hold
that the interest of the public in publishing the information sought is far
greater than any other interest President Buhari may be trying to preserve.”
that the interest of the public in publishing the information sought is far
greater than any other interest President Buhari may be trying to preserve.”
“Transparency and accountability in
the spending details of all the loans that have so far been obtained by the
government, and those obtained by previous administrations would mean that the
loans can help Nigeria to overcome its acute development challenges, and reduce
the possibility of mismanagement and corruption.”
the spending details of all the loans that have so far been obtained by the
government, and those obtained by previous administrations would mean that the
loans can help Nigeria to overcome its acute development challenges, and reduce
the possibility of mismanagement and corruption.”
“SERAP is seeking an order to direct
and compel President Buhari to disclose information on details of spending of
loans obtained by successive governments since the return of democracy in 1999,
list of countries and bodies that have given the loans, and specific conditions
of repayment of the loans.”
and compel President Buhari to disclose information on details of spending of
loans obtained by successive governments since the return of democracy in 1999,
list of countries and bodies that have given the loans, and specific conditions
of repayment of the loans.”
“Obedience to the rule of law by all
citizens but more particularly those who publicly took oath of office to
protect and preserve the constitution is a desideratum to good governance and
respect for the rule of law.”
citizens but more particularly those who publicly took oath of office to
protect and preserve the constitution is a desideratum to good governance and
respect for the rule of law.”
“The Nigeria Government has signed on
to the Open Government Partnership [OGP], and the country is a state party to
the UN Convention against Corruption and the African Union Convention on
Preventing and Combating Corruption.”
to the Open Government Partnership [OGP], and the country is a state party to
the UN Convention against Corruption and the African Union Convention on
Preventing and Combating Corruption.”
It would be recalled that Buhari
recently sought the National Assembly’s approval for a fresh loan of $5.513bn,
reportedly to fund the 2020 budget deficit, critical projects, and support some
states.
recently sought the National Assembly’s approval for a fresh loan of $5.513bn,
reportedly to fund the 2020 budget deficit, critical projects, and support some
states.
The National Assembly also recently
approved a N850 billion loan. Another loan of $22.79bn, had previously been
approved by the National Assembly. No date has been fixed for the hearing of
the suit.
approved a N850 billion loan. Another loan of $22.79bn, had previously been
approved by the National Assembly. No date has been fixed for the hearing of
the suit.
