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Techfile: Court Grants SERAP Leave To Compel FG To Prosecute NASS Officers Over padding - latest news
Court grants SERAP leave to compel FG to prosecute
NASS officers over ‘padding of N481bn’
There is prospect Nigerians keen on knowing the
truth about alleged padding of the 2016 budget may
soon have some answers, as the Federal High Court
in Lagos has granted a bid by Socio-Economic Rights
and Accountability Project (SERAP) “to seek an order
of Mandamus to direct and compel the Federal
Government to prosecute some principal officers of
the National Assembly over allegations of padding
and stealing of some N481bn from the 2016 budget.”
The decision by Justice Mohammed Idris last Friday
has now cleared the way for SERAP to advance its
case against the Federal Government on the
publication of the reports of investigation into the
allegations of budget padding and prosecution of
indicted officers of the National Assembly.
The decision also grants permission to SERAP to seek
an order to compel the Federal Government to
“closely monitor and scrutinize the spending of N131
billion (accrued from increased oil bench mark)
allocated for additional non-constituency projects
expenditure, to remove the possibility of corruption.”
Justice Idris granted the order for leave following the
hearing of an argument in court on exparte motion by
SERAP counsel Mrs Joke Fekumo. The motion on
notice is set for Friday 26 January 2018, for the
hearing of argument on why the reports by
anticorruption agencies on the investigation into the
alleged budget padding should not be published and
why indicted officers should not be prosecuted.
The suit number FHC/L/CS/1821/2017 filed last year
followed “credible information received by SERAP
from multiple sources that the Department of State
Services (DSS) and the Economic and Financial Crimes
Commission (EFCC) have completed investigations
into the allegations of padding of the 2016 budget,
completed their reports, and indicted some principal
officers of the House of Representatives and the
Senate, and that the accounts of some of the
principal officers containing allegedly illicit funds have
been frozen, and that the case files for the
prosecution of those indicted were ready.”
The suit read in part: “Unless the principal officers
indicted in the alleged padding of the 2016 budget are
prosecuted and any stolen public funds recovered, the
Federal Government will not be able to stop padding
of future budgets. Alleged corruption in the budget
process will not just melt away or simply evaporate
without addressing the fundamental issue of impunity
of perpetrators.”
“Addressing alleged corruption in the budget process
by pursuing prosecution of indicted principal officers
of the National Assembly will provide an important
opportunity for the Federal Government to reignite
the fight against corruption and fulfil a cardinal
campaign promise, to show that the Federal
Government works on behalf of the many, and not
the few, as well as jumpstart economic activities and
break the back of the recession.”
“Publishing the report of the investigation of the
alleged padding of the 2016 budget, and prosecuting
suspected perpetrators are absolutely important to
avoid another padding, which the Federal
Government can ill afford.”
“Corruption in the budget process takes away and
erodes much needed resources for public and
developmental purposes. The level of secrecy
surrounding the budget process in the National
Assembly has invariably created a breeding place for
alleged corruption. Secrecy in the National Assembly
has clearly gone beyond the level permitted by law,
and apparently served as the incubator for corruption,
while depriving the Nigerian people of a much-
needed opportunity to cleanse the National Assembly
of persistent allegations of corruption.”
“Deception in the budget process will continue unless
Nigerians are granted access to inspect the budget
process and other activities by the National Assembly.
SERAP strongly believes that Nigerians have the right
to know what their lawmakers are doing so that
they are able to appraise their work and hold them
to account.”
“It is in the interest of justice to grant this application
as the Federal Government has nothing to lose if the
reliefs sought are granted.”
“The allegations of crime of budget padding against
the indicted principal officers of the National
Assembly is a gross deprivation of the good people of
Nigeria’s legitimate wealth and natural resources. We
respectfully urge your Lordship to hold that the
citizens of Nigeria have been deprived of their natural
wealth and the indicted principal members be
prosecuted by the Minister of Justice and Attorney-
General of the Federation.”
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