SERAP drags House of Reps to UN over alleged budget padding
(Nigeria) Socio-Economic Rights and Accountability Project, SERAP, has appealed to Professor Philip Alston, UN Special Rapporteur on Extreme Poverty and Human Rights to “use your good offices and position to urgently request the leadership of the House of Representatives of Nigeria to explain the alleged deliberate padding of the 2016 budget with N481 billion removal of critical projects and replacement of such projects with constituency projects, which have not only undermined the fight against corruption in the country but also exacerbated extreme poverty and violations of internationally recognized human rights.”
The petition dated July 27, 2016 by SERAP’s Executive Director,
Mr Adetokunbo Mumuni, states “We consider the alleged budget padding, diversion
of public funds and abuse of office by the leadership of the House of
Representatives as amounting to a deliberate retrogressive action, which cannot
be justified by reference to the totality of internationally recognized human
rights, and in the context of the obligation to fully use the maximum available
resources to fulfil and ensure the enjoyment of those rights.”
The petition copied to Mr Zeid Ra’ad Al Hussein, UN High
Commissioner for Human Rights; the Conference of States Parties to the UN
Convention against Corruption and the Inter-Parliamentary Union, also states
that, “We are concerned that the alleged corrupt budget process in the House of
Representatives in the context of an economy already weakened by years of large
scale corruption will jeopardise sustainable development and hurt ordinary
Nigerians who rely on the government to provide basic necessities of life such
as water, good roads and electricity.”
The petition reads in part: “SERAP is seriously concerned
about the lack of transparency and accountability of the National Assembly,
which is not consistent with the behaviour of an institution that is
constitutionally mandated to make laws for the peace, order and good governance
of Nigeria. This lack of accountability partly explains why ordinary Nigerians
do not trust the National Assembly, and its ability to make laws for the peace,
order and good governance of Nigeria, and to curb corruption within its
systems.
“SERAP is concerned that the longstanding practice of
constituency projects by the National Assembly of Nigeria and the corresponding
alleged diversion of public funds have continued to systematically drain the
country’s “maximum available resources”, precipitating poverty, and economic
crisis which inevitably magnify dispossession, hunger, disease, illiteracy, and
insecurity.
“Alleged budget padding and abuse of office by the
leadership of the House of Representatives in particular and the National
Assembly in general also have uneven consequences against the vulnerable groups
of the society, including the poor, women and children, perpetrating and
institutionalizing discrimination. By allegedly exploiting public funds for the
personal gain of leaders rather than socio-economic development of the country,
constituency projects jeopardize the needs and well-being of future generations
as well.
“SERAP notes that the Nigerian constitution 1999 (as
amended) grants legislative power to the National Assembly to “make laws for
the peace, order and good government”. SERAP believes that this power implies
that the National Assembly including the House of Representatives will serve as
a crucial bastion of transparency, accountability, and the rule of law that are
necessary to reduce poverty, establish a corruption-free society, and effective
enjoyment of human rights.
“SERAP is seriously concerned that in the process of alleged
budget padding the leadership of the House of Representatives removed key
projects such as on roads, electricity and/or drastically reduced their costs.
These projects ordinarily would have contributed to reducing the effects and
consequences of poverty in the country while also enhancing respect for human
rights.
“We believe that the allegations that the leadership of the
House of Representatives worked to abuse the budget process to benefit themselves
at the expense of the majority of Nigerians is a fundamental breach of
constitutional oath and the International Covenant on Economic, Social and
Cultural Rights to which Nigeria is a state party, which requires states to use
their maximum available resources to promote and secure the enjoyment of basic
economic and social rights such as the rights to food, to healthcare, to access
to quality education and adequate standards of living.
“Article 2(1) of the Covenant provides that each State party
to the present Covenant undertakes to take steps to the maximum of its
available resources, with a view to achieving progressively the full
realization of the rights recognized in the present Covenant by all appropriate
means, including particularly the adoption of legislative measures.
"This implies that government at all levels including
the National Assembly has a duty to ensure that public funds are used to
benefit Nigerians and not for personal use. Human rights cannot be achieved
without significant expenditure in critical areas of governance."
SERAP therefore urged the Special Rapporteur to: 1. Publicly
express concerns about the allegations of budget padding and diversion of
public funds and abuse of office by the leadership of the House of Representatives,
thereby exacerbating extreme poverty and violations of human rights;
2. Put pressure on the leadership of the House of
Representatives to allow for independent and transparent investigation of the
allegations of budget padding, diversion of public funds and abuse of office,
and not to victimize Mr Jubrin for blowing the whistle on the allegations of
corruption in the House;
3. Make sure that alleged corruption in the House of
Representatives is not allowed to undermine the mandate of the Special
Rapporteur to advance human rights and address extreme poverty;
4. Urge the National Assembly, in particular the House of
Representatives to promote in its legislative duties transparency and
accountability and observe human rights principles, and that the exercise of
its legislative power complies with Nigeria’s international human rights
obligations and commitments.
The petition reads further: “This request is based on
allegations by the immediate past Chairman of the House Committee on Appropriations,
Abdulmunin Jibrin, and available documents that Speaker Yakubu Dogara and three
other principal officers of the House of the Representatives padded the 2016
budget to the tune of N481 billion and included N100 billion on constituency
projects, contrary to the provisions of the 1999 Constitution.
“Mr Jubrin also accused Mr Dogara and Deputy Speaker,
Yussuff Lasun, Chief Whip, Hassan Ado Doguwa and the Minority Leader, Leo Ogor
of perpetrating financial fraud; that Mr Dogara is running the finances of the
House like his personal estate; that Mr Dogara and the other principal officers
diverted millions of naira in the name of paying for guest houses and official
residence; that Mr Dogara abuses his office by soliciting for inappropriate
favours from agencies and multinational companies; and that Mr Dogara forced an
agency to grant loans and a construction company was blackmailed to do some
work at his Asokoro plot. Other allegations by Mr Jubrin and supported by
documents now circulating on the internet are that Dogara has consistently
refused members access to the financial dealings and internal budget of the
House; that Mr Dogara runs the financial management of the House like a cult.”
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