The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against Senate President Godswill Akpabio for failing “to refer the alleged N3.7 trillion budget padding to appropriate anti-corruption agencies for investigation and prosecution, and to recall Senator Abdul Ningi who blew the whistle on the allegations.”
This followed the expiration of a 7-day ultimatum(March 22, 2024) issued by the body for the recall of Ningi as a whistleblower.
…The suspension/SERAP’s threat
The Bauchi-born lawmaker representing Bauchi Central, was suspended March 13, 2024, for three months following a BCC Hausa interview, during which he alleged the National Assembly padded the 2024 N28.7 trillion budget as against N25trillion.
“For the first time in Nigerian history, today we are operating two different budgets. One budget was approved by the National Assembly and signed by President Bola Tinubu, and the one was implemented by the presidency.
“The one approved by us is N25tn while the one operating by the Federal Government is N28trillion,” Ningi had alleged.
And consequent upon this, the Senate sanctioned the lawmaker asking him to proceed on a three-month suspension, a decision SERAP said should be reversed and the issue referred to the anti-corruption agencies for investigation.
The body, had, in a statement, said Akpabio should “urgently refer the allegations that lawmakers padded the 2024 budget by irregularly inserting projects worth N3.7 trillion to appropriate anti-corruption agencies for investigation and prosecution.
“Referring these allegations to appropriate anticorruption agencies would be consistent with the lawmakers’ oath of office and the letter and spirit of the Nigerian Constitution 1999 (as amended).”
“What Senator Ningi has done is a positive act of good citizenship. No whistleblower should ever be penalised simply for making a public interest disclosure,” SERAP had further said.
…SERAP goes to court
And following their failure to meet the 7-day-ultimatum which had since expired March 22,2024, SERAP sued Akpabio for himself and on behalf of all members of the Senate, 25 days after the lawmaker’s suspension.
In the suit number FHC/ABJ/CS/452/2024 filed last Friday at the Federal High Court, Abuja, SERAP asked for “an order of mandamus to direct and compel Mr Akpabio to refer the alleged N3.7 trillion budget padding to appropriate anti-corruption agencies for investigation and prosecution of suspected perpetrators.
“An order of mandamus to direct and compel Mr Akpabio to immediately take steps to ensure the reinstatement of whistleblower Abdul Ningi who was suspended from the Senate over his allegations that the lawmakers padded the 2024 budget by irregularly inserting projects worth N3.7 trillion.
“An order of mandamus to direct and compel Mr Akpabio to put in place transparency and accountability mechanisms to ensure that the trillions of Naira budgeted for constituency projects are not embezzled, misappropriated or diverted into private pockets.”
In the suit filed by SERAP’s lawyers[ Kolawole Oluwadare and Adelanke Aremo, the body said: “It is in the public interest and the interest of justice to grant this application. No whistleblower should ever be penalised simply for making a public interest disclosure.
“Directing Mr Akpabio to refer the allegations to appropriate anticorruption agencies would help to address the lingering problem of budget padding and corruption in the implementation of constituency projects.
“Directing Mr Akpabio to refer the allegations to the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) would also ensure probity and accountability in the budget process.
“Investigating and prosecuting the allegations of budget padding and corruption would end the impunity of perpetrators. It would build trust in democratic institutions with the ultimate aim of strengthening the rule of law.
“Years of allegations of budget padding and corruption in the implementation of constituency projects have contributed to widespread poverty, underdevelopment and lack of access to public goods and services.
“Allegations of budget padding and corruption in the implementation of constituency projects have also continued to have negative impacts on the fundamental interests of the citizens in several communities and the public interest.
“Combating budget padding would improve access of Nigerians to basic public goods and services, and enhance the ability of ministries, departments and agencies to effectively and efficiently discharge their constitutional and statutory responsibilities.
…Merits of the application
On the merit of its application, SERAP said: “Granting this application would serve the public interest, encourage whistleblowers to speak up, improve public services, and ensure transparency and accountability in the management of public resources.”
The body also contended that: “The allegations by Senator Ningi amount to public interest disclosures and can contribute to strengthening transparency and democratic accountability in the Senate in particular and the country as a whole.
“Suspension of Senator Ningi by the Senate followed a seriously flawed process and it amounts to retaliation.”
“Senator Ningi’s status as a whistleblower is not diminished even if the perceived threat to the public interest has not materialised, since he would seem to have reasonable grounds to believe in the accuracy of the allegations of budget padding and corruption in the Senate,” it said.
The lawyers further argued that “Section 15(5) of the Nigerian Constitution 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 imposes clear responsibility on the National Assembly including the Senate to conform to, observe and apply the provisions of Chapter 2 of the constitution.
“Section 81 of the Nigerian Constitution and sections 13 and 18 of the Fiscal Responsibility Act constrain the ability of the National Assembly to unilaterally insert its own allocations in the budget without following the due process of law.”
…Why Ningi is covered
They further posited that “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 National Assembly including the Senate to ensure proper management of public affairs and public funds.
“Article 33 of the Convention requires government institutions including the Senate to ensure the protection of whistleblowers against any unjustified treatment. Granting this application would ensure that these commitments are fully upheld and respected.
“Senator Ningi is a whistleblower, who is protected under article 33 of the UN Convention against Corruption to which Nigeria is a state party. Senator Ningi is a whistleblower because of his public interest disclosures on alleged budget padding and corruption in the Senate in the context of carrying out his work as Senator.
“According to our information, Senator Abdul Ningi, the former Chairperson of the Northern Senators Forum (NSF), recently told BBC Hausa that the lawmakers sought the service of a private auditor and discovered irregularities in the budget.”
“Senator Ningi reportedly said, ‘For example, we had a budget of N28 trillion but after our thorough checks, we found out that it was a budget of N25 trillion. How and where did we get the additional N3 trillion from, what are we spending it for?
“According to BudgIT, a total of 7,447 projects culminating in N2.24tn were indiscriminately inserted in the 2024 budget by the National Assembly. 281 projects worth N491bn, and 3,706 projects within the range of N100–500m, worth 759bn were insert ed in the budget.”
No date has been fixed for the hearing of the suit.