SERAP IN THE NEWS

Senior lawyers have offered to defend a human rights organization, Socio-Economic Rights and Accountability Project (SERAP) in court following a reported threat by former Military President, General Ibrahim Babangida (rtd), to sue the organization over its leadership role seeking the release of the Pius Okigbo panel’s report on the $12.4 billion oil windfall, which allegedly indicted the former president.The organization said that former president of the West African Bar Association (WABA) Mr Femi Falana and Mr Tayo Oyetibo, SAN; among many others, have offered to defend it free of charge.

 

The former president reportedly said through his media spokesman, Prince Kassim Afegbua that, “the Attorney-General and Minister of Justice, Mr. Mohammed Adoke, cannot be marooned by the propaganda machinery and out-right falsehood of these corrupt petitioners who do not live above board. We are going to sue SERAP for garnishing a false report to maliciously damage the distinctive reputation, strong character and unblemished record of achievements of General Ibrahim Babangida.”

 

But SERAP in a public statement dated 11 August 2010, and signed by its Executive Director Adetokunbo Mumuni, said that,

“We are not scared of any threat of legal action. What we have done is what millions of Nigerians have been asking for; but for the first time, we produced a copy of the Okigbo report for the government to act upon.”

A cross section of Senior Advocates of Nigeria at a recent event.

“We call on General Babangida to go to court and issue the originating summon now. We will defend this case to the end and until justice is done– the original copy of the Okigbo report is found, and suspected perpetrators brought to justice. Several lawyers have contacted us to offer to defend our organization free of charge should General Babangida makes real his threat to sue SERAP,” the organization stated.

 

The organization also said that, “Our campaign for accountability and justice regarding the Okigbo report is based on principles and our mandate as an independent and impartial human rights and anti-corruption non-governmental organization.

 

It has got absolutely nothing to do with the person of the former President General Babangida, and we have no issues with him whatsoever. In fact, throughout this campaign we have consistently maintained that in line with the Nigerian Constitution and international standards of fairness that General Babangida and others that may be involved are presumed innocent until proven guilty by the court.”

 

“Our priority has been to hold the Nigerian government accountable regarding its national and international anti-corruption and human rights obligations and commitments, including under the UN Convention against Corruption, the

African Union Convention on Preventing and Combating Corruption, the International Covenant on Economic, Social and Cultural Rights and other similar instruments to which Nigeria is a state party. Our tools and framework remain these legally binding human rights instruments which our government has committed itself to observe in good faith.

We will not fail to ensure that our government is held to account regarding the Okigbo report but also other instances of unresolved allegations of corruption including those involving Halliburton and Siemens,” the organization added.

 

According to the organization, “But General Babangida like any other citizens has the right to approach the court for a remedy if he considers that his fundamental human rights are being violated. On our own part, we believe the pending legal action by him may be the opportunity Nigerians have been waiting for to obtain justice and know the truth about how exactly our country’s $12.4bn revenue was spent.”

 

It would be recalled that a coalition of civil society which SERAP is leading had on Tuesday condemned as “a let down and a cover-up” the statement credited to the Attorney-General of the Federation and Minister of Justice, Mr Mohammed Bello Adoke SAN that the Pius Okigbo Panel report, which allegedly indicted the regime of former military president, General Ibrahim Babangida, for mismanaging the funds, remains missing.

 

Mr Adoke, in a recent

interview reportedly said that “the government cannot verify the authenticity of the copy forwarded to it by a human rights organisation, the Socio Economic Rights and Accountability Project (SERAP) because the original copy of the report is still missing.

The committee I set up met with the SGF and made efforts to get the original copy of the report but they did not get it. Not only did they not get the report, there was no evidence that this matter was formally presented to

the government nor was there evidence that it was deliberated upon at the Federal Executive Council and that the government took a position on it.”

 

But in a swift reaction, the coalition in a statement jointly signed by Adetokunbo Mumuni, Executive Director, SERAP and Abiola Akiyode-Afolabi, Executive Director, Women Advocates and Documentation Centre, (WARDC) said that, “Given the amount involved in this case, and the negative impact the missing money has had on the economy and the lives of ordinary Nigerians, one would have expected the committee to have taken its mandate more seriously, and to establish the truth.”

 

“The panel has done a terribly bad job. A 3-page report on the missing $12.4bn is a joke gone too far. This is a complete let down of Nigerians who continue to live in poverty and suffer the consequences of the disappearance of the $124bn accrued revenue to this country. Rather than calling members of the panel who are alive as witnesses, and checking records at the Central Bank of Nigeria to verify the authenticity of the report we submitted, the panel prematurely and unjustifiably came to a conclusion that it was unable to do this because the original could not be located,” the groups further stated.

 

In April, Mr Adoke, responding to the petition by the groups, requested “for a signed copy of the Okigbo Report attached to the letter under reference” in a letter signed by his Special Assistant, Tunde Busari.

 

The group, in its response in a covering letter dated May 5, 2010, accompanying the 352-page original report sent to Mr Adoke, said “we expect that you would now move swiftly to prosecute the former president on the basis of the Okigbo report and ensure justice to the victims of the mismanagement and corruption documented in the report.

 

Signatories to the petition sent to Mr Adoke were the directors of the Socio-Economic Rights and Accountability Project, (SERAP); Women Advocates and Documentation Centre, (WARDC); Access to Justice, (AJ); and Committee for Defence of Human Rights, (CDHR). Others are the Civil Society Legislative Advocacy Centre, (CISLAC); Partnership for Justice, (PFJ); Human and Environmental Development Agenda, (HEDA); Nigeria Liberty Forum, (NLF); Nigeria Voters Assembly, (VOTAS); and Centre for the Rule of Law, (CFR).

 

 

In a letter dated May 12 2010, the minister had promised the coalition a committee would be set up to consider the genuineness of the signed report sent by the group.

 

A part of the Okigbo report read: “the dedication and special accounts had become a parallel budget for the presidency. The decision as to what expenditure items to be financed out of these dedicated accounts was made by the president alone.

 

“For example, the accounts had been utilised to defray an assortment of expenses that could not in any way be described as priority such as the $2.92 million to make documentary film on Nigeria; $18.30 million to purchase TV/video for the presidency; $23.98 million for welfare of staff in the presidency; $.99 million for travels of the first lady abroad and $59.72 million for security.