By Jeph Ajobaju, Chief Copy Editor
A lawsuit has been filed against Muhammadu Buhari by the Socio-Economic Rights and Accountability Project (SERAP) for failing to probe N106 billion officially declared missing from 149 ministries, departments and agencies (MDAs).
Part of the grouse in the suit filed at the Federal High Court in Abuja is that the President failed to prosecute those responsible for the fraud and recover the missing public funds to reduce the pressure of borrowing more money.
The suit is sequel to confirmation by the Office of the federal Auditor General in its 2018 annual audited report that N105,662,350,077.46 of public funds are missing, misappropriated or unaccounted for across 149 MDAs, per Premium Times.
SERAP is seeking “an order of mandamus to direct and compel President Buhari to promptly investigate the alleged missing N106bn of public funds, ensure prosecution of anyone suspected to be responsible, and the full recovery of any missing public money.”
It argues that “recovering the alleged missing public funds would reduce the pressure on the Federal Government to borrow more money to fund the budget, enable the authorities to meet the country’s constitutional and international obligations, and reduce the growing level of public debts.
“Directing and compelling President Buhari to ensure the investigation and prosecution of the alleged grand corruption documented by the Auditor-General would be entirely consistent with the government’s own commitment to fight corruption, improve the integrity of MDAs, and serve the public interest.
“The alleged missing public funds have hampered the ability of the indicted MDAs to meet the needs of average citizens, as the missing funds could have helped the government to invest in key public goods and services, and to improve access of Nigerians to these goods and services.”
Joined in the suit as respondents are federal Attorney General and Justice Minister Abubakar Malami and Finance Minister Zainab Ahmed.
SERAP argues that “it is in the interest of justice to grant this application, as it would improve respect for the rights of Nigerians, and improve their access to essential public goods and services.
“The suit is in keeping with the requirements of the Nigerian Constitution … anti-corruption legislation, and the country’s international obligations including under the UN Convention against Corruption; and the African Union Convention on Preventing and Combating Corruption to which Nigeria is a state party.”
SERAP is also seeking an order to compel Buhari “to publish full details of the yearly budgets of all MDAs, and issue regular updates that detail their expenditures, including by making any such information easily accessible in a form that can be understood by the public.”
The suit was filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Joke Fekumo.
It adds that “the failure to investigate the allegations of grand corruption in the 2018 annual audited report constitutes a grave violation of the duty placed on the Nigerian government to take appropriate measures to promote transparency and accountability in the management of public finances.
“Buhari’s constitutional responsibility to ensure the investigation and prosecution of allegations of corruption, as well as recovery of any missing public funds is contained in Section 15[5] of the Nigerian Constitution, which provides that ‘the State shall abolish all corrupt practices and abuse of power’, and in the Oath of Office in the Seventh Schedule of the Constitution.”
“The Oath of Office of the President is considered of such importance that section 140 of the 1999 Constitution provides that the President cannot perform his or her respective official functions as President without taking the Oath of Office.”
No date has been fixed for the hearing of the suit.