Socio-Economic Rights and Accountability Project (SERAP) has taken legal action by filing a lawsuit against President Bola Tinubu for his alleged failure to investigate the disappearance of USD$2.1 billion and N3.1 trillion in public funds. These funds were earmarked for fuel subsidy payments and were unaccounted for between 2016 and 2019. The lawsuit follows the claims made by the Auditor-General of the Federation in the annual reports for those years, which highlighted the missing public funds.
Represented by Kolawole Oluwadare, Ms Adelanke Aremo, Ms Valentina Adegoke, and Ayomide Johnson, SERAP submitted the case to the Federal High Court in Lagos. They are seeking a court order, specifically an order of mandamus, to compel President Tinubu to promptly investigate the allegations of missing funds. SERAP is also requesting that Tinubu direct anti-corruption agencies to probe fuel subsidy payments made by governments since the return of democracy in 1999. Additionally, they urge Tinubu to name, shame, and prosecute any suspected perpetrators, as well as recover any proceeds of crimes related to the missing funds.
Furthermore, SERAP is seeking an order of mandamus to instruct Tinubu to utilize any recovered proceeds of crime as palliatives to address the impact of the subsidy removal on poor Nigerians. They also emphasize the need for mechanisms to promote transparency and accountability in the oil sector.
SERAP argues that the allegations of missing public funds constitute a significant violation of national anti-corruption laws and Nigeria's international obligations, including those under the UN Convention against Corruption. They assert that the Tinubu government has both constitutional and international legal responsibilities to thoroughly investigate these allegations and ensure accountability for the crimes committed against the Nigerian people.
In the lawsuit, SERAP emphasizes that achieving economic growth and sustainability is contingent upon accountability for human rights crimes. They assert that socio-economically vulnerable Nigerians should not bear the burden of the country's stolen oil wealth, while state and non-state actors benefit from the misappropriated public funds. SERAP contends that investigating, prosecuting, and recovering the missing public funds is in the public interest, promotes justice and accountability, and puts an end to the prevailing culture of impunity among perpetrators.
The lawsuit references the audited reports between 2016 and 2019 by the Auditor General of the Federation, which revealed that the Nigerian National Petroleum Corporation (NNPC) failed to remit N663,896,567,227.58 into the Federation Account. The Auditor-General expressed concerns that this money may be missing. The suit also highlights the NNPC's alleged failure to account for the allocation of crude oil to refineries in 2019, with 107,239,436.00 barrels of crude oil reportedly being lifted as domestic crude without proper documentation. The Auditor-General fears that this crude, valued at N55,891,009,960.63, may have been diverted.
SERAP's legal action aims to ensure justice, accountability, and restitution for Nigerians while ending the culture of impunity surrounding the mismanagement of public funds.
