Two named DSS officials last week filed a defamation lawsuit against SERAP, following allegations by the organization regarding the recent invasion of its Abuja office by some officials of the security agency.

In the open letter dated 19 October 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “We are seriously concerned that your government seems to be weaponizing the DSS and misusing defamation laws as a tool of repression and to target those who defend human rights.”

SERAP said, “Rather than addressing the allegations of widespread corruption in the oil sector and the worsening economic situation in the country, and reducing the cost of governance, your government is targeting those who campaign for actions in these areas.”

The letter, read in part: “We would be grateful if the recommended measures are immediately taken following the receipt and/or publication of this letter.”

“If the lawsuit is not immediately withdrawn, we will be prepared to defend our organization and management staff in court, and to join your government and DSS in the lawsuit. This may include calling witnesses to ensure justice, end impunity for rights abuses, and achieve legitimate public interests in this matter.”

“We have since 2004 pursued several public interest cases against the governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan and Muhammadu Buhari. This is the first time any government will weaponize the country’s security agencies to intimidate and target our organization.”

“The defamation lawsuit is brought by two named DSS officials but their names are unknown to our organization. The lawsuit by these officials is apparently instigated and sponsored by the DSS under your watch.”

“It is critical for human rights defenders, activists, journalists and other citizens to be able to organize and freely exercise their human rights without the threat of baseless lawsuits by your government or its security agencies and/or their proxies.”

“Weaponizing the security agencies to intimidate, harass and silence human rights defenders, activists, journalists and other civil society actors will weaken representative democracy, deepen impunity and undermine the rule of law.”

“Rather misusing the security agencies to crackdown on human rights defenders, activists, journalists and other civil society actors, your government ought to take steps to thoroughly, independently, impartially, transparently and effectively investigate the allegations raised by SERAP.”

“We are disappointed that your government has so far failed to respond to our recommendations calling on you to direct the Nigerian National Petroleum Company Limited (NNPCL) to immediately reverse the apparently illegal and unconstitutional increase in the pump price of petrol across its retail outlets.”

“Your government has also failed to probe the allegations of corruption and mismanagement in the NNPC, including the spending of the reported $300 million ‘bailout funds’ collected from the Federal Government in August 2024, and the $6 billion debt it owes suppliers, despite allegedly failing to remit oil revenues to the treasury and to prosecute suspected perpetrators.”

“Your government also continues to refuse to obey several court judgments obtained by SERAP, including those which ordered the Federal Government to disclose the details of the agreement with X, formerly Twitter, to assess whether the agreement complies with the exercise of Nigerians’ human rights online and to account for payments of N729 billion to 24.3 million poor Nigerians for six months.”

“SERAP had on 9 September 2024 also called on you and your government to direct the DSS to end the intimidation and harassment of our organization and our staff members.”

“Our call followed the invasion of our Abuja office by some officials of the DSS. SERAP was subsequently served with a defamation lawsuit with number CV/4547/24.”

“The country under your government has witnessed an escalating crackdown on human rights particularly the rights to freedom of expression, peaceful assembly, association and media freedom, as well as socio-economic rights.”

“The judicial harassment of those who peacefully defend human rights is entirely inconsistent and incompatible with the letter and spirit of the Nigerian Constitution 1999 [as amended] and the country’s international human rights obligations.”

“Under your government, human rights defenders, activists, journalists and other civil society actors such as the leadership of the Nigerian Labour Congress (NLC) continue to face harassment, intimidation, and arbitrary detention simply for carrying out their legitimate work.”

“The judicial harassment of SERAP by your government and its agencies shows hostility towards civil society actors defending the rights of other citizens, criticizing human rights violations, and challenging a culture of impunity for perpetrators.”

“SERAP therefore urges your government to end the intimidation, harassment and threats against our organization and management staff and other human rights defenders, activists as well as journalists and other civil society actors, including intimidation, through baseless legal processes.”

“SERAP strives to ensure that our human rights and anticorruption work meet the highest standards of analytical rigor devoid of politics. Our work is driven solely by the fundamental principles of justice, impartiality, solidarity and universality of human rights. SERAP believes that no government is beyond scrutiny and accountability.”

“SERAP’s non-partisan work in the field of human rights and anticorruption has been widely recognized nationally and internationally. Our organization received the Wole Soyinka Anti-Corruption Defender Award in 2014, and was nominated for the UN Civil Society Award and Ford Foundation’s Jubilee Transparency Award. SERAP was also nominated for the 2024 Columbia Global Freedom of Expression Prizes.”

“Our organization’s calls on your government regarding the persistent increases in fuel prices and allegations of corruption in the NNPC are based on the constitutional and international responsibilities of your government to Nigerians who are victims of corruption, and your constitutional oath of office.”

“SERAP believes that it is through action like this that any government in a society governed by the rule of law can be motivated to live up to its commitments and to meet the expectations of its citizens for good governance, human rights and the rule of law.”

“SERAP urges your government to embrace the rule of law and this will in turn entail respect for the human rights of Nigerians. Where there is a culture of rule of law, there is likely to be less corruption.”

“Without embracing the rule of law, your government is unlikely to achieve your oft-repeated economic and development programmes since the rule of law is the foundation of any civilised society.”

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According to SERAP, the suit followed the allegations documented in the recently published 2020 audited report by the Auditor General of the Federation that the NNPC failed to remit the money into the Federation Account, saying that the money may have been diverted.

The Deputy Director of SERAP, Kolawole Oluwadare, disclosed this in a statement which was made available to Channels Television on Sunday.

In the suit number FHC/ABJ/CS/549/2024 filed last Friday at the Federal High Court in Abuja, SERAP is seeking: “an order of mandamus to direct and compel the NNPC to account for and explain the whereabouts of the missing USD$2.04 billion and N164 billion oil revenues, as documented in report by the Auditor-General.”

SERAP is seeking: “an order of mandamus to compel the NNPC to hand over suspected perpetrators to the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) for investigation and prosecution.”

SERAP is also seeking: “an order of mandamus to compel the NNPC to ensure the full recovery and remittance of the missing USD$2.04 billion and N164 billion into the Federation Account.”

In the suit, SERAP is arguing that: “There is a legitimate public interest in providing the details sought. The NNPC has a legal responsibility to account for and explain the whereabouts of the disappeared money.”

SERAP is arguing that, “The missing oil revenues have further damaged the already precarious economy in the country and contributed to high levels of deficit spending by the government.”

SERAP is also arguing that, “Without the full recovery and remittance of the missing USD$2.04 billion and N164 billion oil revenues, the dire economic situation may worsen and Nigerians will continue to be denied access to basic public goods and services.”

According to SERAP, “the Auditor-General has for many years documented reports of disappearance of public funds from the NNPC. Nigerians continue to bear the brunt of these missing oil revenues.”

The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Kehinde Oyewumi, read in part: “The alleged missing oil revenues reflect a failure of NNPCL accountability more generally and are directly linked to the institution’s continuing failure to uphold the principles of transparency and accountability.”

“The failure by the NNPC to account for and explain the whereabouts of the disappeared money is a grave violation of the provisions of the Nigerian Constitution 1999 [as amended], the Freedom of Information Act, national anticorruption laws, and the country’s obligations under the UN Convention against Corruption.”

“Had the NNPCL and its subsidiaries accounted for and remitted the disappeared public funds into the Federation Account, it is likely that more funds would have been allocated to the fulfillment of economic and social rights of Nigerians, such as increased spending on public goods and services.”

“The missing oil revenues have also impeded Nigerians’ ability to enjoy their economic and social rights, and denied them access to essential public goods and services, especially at the time of cost of living crisis in the country.”

“Nigerians have the right to know the whereabouts of the disappeared oil money. Ensuring transparency and accountability in the management of oil revenues would advance the right of Nigerians to restitution, compensation and guarantee of non-repetition.”

“According to the recently published 2020 audited report by the Auditor General of the Federation (AGF), the NNPC failed to remit over USD$2 billion and N164 billion oil revenues into the Federation Account.”

“The Auditor-General fears that the money may have been diverted into private pockets, denying the government the funding needed to carry out its activities.”

“The NNPCL reportedly failed and/or refused to remit N151,121,999,966. The NNPCL without any justification deducted the money from the oil royalties assessed for 2020 by the Department of Petroleum Resources (DPR) now Nigerian Upstream Petroleum Regulatory Commission (NUPRC).”

“The NNPCL has failed to account for the missing public funds. The Auditor-General wants the money recovered and remitted into the Federation Account.”

“The NNPCL also failed to remit USD$19,774,488.15 collected as government revenue into the Federation Account. The Auditor-General wants the NNPCL to account for the money, recover and remit it into the Federation Account, and to hand over those suspected to be involved to the ICPC and the EFCC.”

“The NNPCL also reportedly failed to account for USD$2,021,411,877.47 and N13,313,565,786.49 of royalties collected from crude oil and gas sales and gas flare.”

“The Auditor-General wants the public funds fully recovered and remitted into the Federation Account and for those suspected to be responsible for the missing public funds to be handed over to the ICPC and the EFCC.”

“Despite the country’s enormous oil wealth, ordinary Nigerians have derived very little benefit from oil money primarily because of widespread grand corruption, and the entrenched culture of impunity of perpetrators.”

“SERAP notes that Section 15(5) of the Nigerian Constitution 1999 (as amended) requires public institutions to abolish all corrupt practices and abuse of power.”

“Section 16(2) of the Nigerian Constitution further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’”

“Section 13 of the Nigerian Constitution 1999 [as amended] imposes clear responsibility on the NNPCL to conform to, observe and apply the provisions of Chapter 2 of the constitution.”

“Paragraph 3112(ii) of the he Financial Regulations 2009 provides that, ‘Where a public officer fails to account for government revenue, such officer shall be surcharged for the full amount involved and such officer shall be handled over to either the Economic and Financial Crimes Commission (EFCC) or the Independent Corrupt Practices and Other Related Offences Commission (ICPC).’”

“Nigeria has made legally binding commitments under the UN Convention against Corruption to ensure accountability in the management of public resources. Articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on the NNPCL to ensure proper management of public affairs and public funds. These commitments ought to be fully upheld and respected.”

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

Source Channels Television

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