Socio-Economic Rights and Accountability Project (SERAP) has sued
President Muhammadu Buhari over “failure to direct the Attorney General
of the Federation and Minister of Justice Abubakar Malami, SAN, and/or
appropriate anti-corruption agencies to investigate allegations of
bribery against Governor Abdullahi Ganduje of Kano State, as contained
in the widely circulated video clips allegedly showing Mr Ganduje
receiving bribe.”
SERAP had in November asked the president to
direct the investigation of Mr Ganduje, stating that, “if there is
relevant and sufficient admissible evidence, for him to face prosecution
at the expiration of his tenure as governor.” The organization also
sought protection for the journalist Jaafar Jaafar, who reportedly
published the video clips.
However, SERAP said since the receipt
of its letter and to date, President Buhari has failed to grant its
requests. Also, a Kano State high court last week stopped the Kano State
House of Assembly from investigating the $5 million bribery allegation
against Mr Ganduje.
Consequently, in the suit number
FHC/L/CS/2055/18 filed last Friday at the Federal High Court, Ikoyi,
Lagos, SERAP is seeking “an order for leave to apply for judicial review
and an order of mandamus directing and/or compelling Mr Buhari to
immediately direct the investigation of allegations of bribery against
Mr Ganduje.”
SERAP said: “The Applicant’s requests are not
onerous but simply based on issues of public interest, good governance,
transparency and accountability. It is in the interest of justice to
grant this application, as the Respondent has nothing to lose if the
application is granted.”
The suit is also seeking an order to
compel Mr Buhari to “instruct appropriate security and law enforcement
agencies to ensure the protection and guarantee the safety and security
of journalist Jaafar Jaafar.”
The suit filed on behalf of SERAP
by its counsel, Ms. Bamisope Adeyanju read in part: “Investigating
allegations of bribery against Mr Ganduje would be entirely consistent
with the provisions of section 15 subsection (5) of the 1999
Constitution, which requires the government of the Respondent to abolish
all corrupt practices and abuse of power, regardless of the state where
such practices are taking place. The Constitution defines ‘government’
to include federal, state and local governments.”
“Growing
allegations of corruption against many state governors have not been
investigated and several of the governors involved are getting away with
their alleged crimes. Granting the reliefs sought would assist the
Respondent to succeed in his fight against corruption and help to combat
corruption among many state governors, who continue to allegedly
mismanage their states’ resources with almost absolute impunity.”
“The
Attorney-General of the Federation has power conferred on him by
section 174(1)(a) of the 1999 Constitution (as amended) and
anticorruption agencies have the powers to act on the allegations of
bribery against Mr Ganduje for the sake of discharging their mandates,
ensuring transparency and accountability, promoting the common good,
peace, order and good government of the federation (which includes Kano
State).”
“Under the provisions of section 5(1)(b) of the
Constitution of Nigeria,1999, the Executive powers of the Federation
extends to the execution and maintanance of the Constitution which is
the grundnorm and all laws made by the National Assembly, including the
provisions of the Corrupt Practices and Other Related Offences Act,
which SERAP is requesting the Respondent to effectively implement.”
“Under
Section 61(2) of the Corrupt Practices and Other Related Offences
(ICPC) Act, a law of general application throughout the country, public
officers accused of bribery may be prosecuted by the appropriate
authority for such an offence.”
“Although primarily a matter of
concern for Kano State, the allegations of bribery against Mr Ganduje
have assumed such a proportion as to become a matter of concern to the
federation as a whole, and therefore, to the government of the
Respondent.”
“Vigorously seeking to enforce anticorruption
legislation and the United Nations Convention against Corruption to
which Nigeria is a state party regarding alleged corrupt state
governors, will show that the Respondent is concerned with the overall
well-being of the federation and willing and able to enforce important
constitutional principles.”
“Given the history of corruption in
Nigeria, especially unresolved allegations of grand corruption against
many state governors, the government of the Respondent cannot and should
not look the other way regarding the allegations against Mr Ganduje.
Any allegations of bribery and abuse of power in any state of Nigeria is
of concern to every Nigerian, and should therefore, be of concern to
the government of the Respondent.”
“It is important to reiterate
that a sitting governor can be investigated under Nigerian laws. Any
criminal allegation against a sitting governor can and should be
investigated pending the time the governor leaves office and loses
immunity.”
“SERAP has sufficient legal interest in monitoring the
way and manner public funds are being utilized in Nigeria, hence our
request for the Respondent to perform his public duty.”
“The
Respondent has failed, neglected and refused to instruct the Attorney
General of the Federation and/or anti-corruption agencies to investigate
Mr Ganduje over the alleged bribery. Given his anticorruption
commitments, the Respondent ought to have acted on SERAP’s requests to
improve transparency and accountability among state governors.”
“As
the Supreme Court of Nigeria stated in Ugwu v. Ararume (2007) 31 WRN 1
at 42: ‘If we want to instill sanity into our human affairs, if we want
to entrench unpolluted democracy in our body polity, the Unclad truth
must permeate through the blood, nerve and brain of each and every one
of us. Although credit may not always have its rightful place in
politics, we should try to blend the two so as to attain a fair, just
and egalitarian society where no one is oppressed. Let us call a spade a
spade!”
No date has been fixed for the hearing of the suit.
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