The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against President Bola Tinubu over the alleged failure to investigate and prosecute contractors who received more than N167 billion from 31 government ministries, departments, and agencies (MDAs) but did not complete any projects.
In the lawsuit, filed at the Federal High Court in Lagos, SERAP is urging the court to order President Tinubu to direct the Minister of Finance and Coordinating Minister of the Economy, Olawale Edun, to launch an investigation into the alleged mismanagement of public funds.
In the suit, the organization asked the court “to compel President Tinubu to direct Mr Fagbemi to bring to justice, as appropriate, any companies and contractors who collected over N167 billion of public funds from 31 MDAs but failed to execute any projects.
“To compel President Tinubu to direct Mr Olawale Edun to publish the specific names of the companies and contractors who collected over N167 billion from 31 MDAs but failed to execute any projects, as documented in the 2021 Audited Report by the Auditor General of the Federation.”
SERAP also asked the court “to compel President Tinubu to direct Mr Olawale Edun to publish the details of the projects, such as the locations of the projects for which the contractors and companies collected N167bn, the amount collected by each contractor and company and the names of the shareholders.”
In the suit, SERAP maintained that “ the allegations of corruption involving many companies and contractors who collected over N167 billion from 31 MDAs have continued to impair, obstruct and undermine the access of poor Nigerians to public goods and services.
“Holding the companies and contractors who collected over N167bn from 31 MDAs but disappeared with the money would prevent and combat waste, fraud, and abuse in the spending of public funds.”
According to SERAP, “There is a legitimate public interest in not shielding or allowing ingrained wrongdoing by companies and contractors to go unpunished.
“Citizens feel the consequences of corruption on a daily basis. Corruption exposes them to additional costs to pay for health, education and administrative services.
“The allegations suggest a grave violation of the Nigerian Constitution 1999 (as amended), the country’s anticorruption legislation and international anticorruption obligations.
The suit read in part: “Granting the reliefs sought would ensure transparency and accountability in how any public funds are spent by MDAs, and reduce vulnerability to corruption and mismanagement.
“The UN Convention against Corruption, to which Nigeria is a state party, contains requirements of integrity and honesty in economic, financial or commercial activities-both in the public and private sectors.
“It also imposes obligations on the government to ensure that sanctions imposed for corruption on natural and legal persons are effective, proportionate and dissuasive.
“Ensuring the accountability of companies and contractors and the recovery of diverted public funds would improve public accountability in MDAs.
“Government accountability to the general public is a hallmark of democratic governance, which Nigeria seeks to practice.
“According to the 2021 annual audited report by the Auditor-General of the Federation published on Wednesday, 13 November 2024, thirty-one (31) ministries, departments and agencies (MDAs) paid over N167 billion [N167,592,177,559.40] to companies and contractors for contracts and projects not executed.
“The Nigerian Bulk Electricity Trading Plc. (NBET) alone reportedly paid N100 billion to companies and contractors for projects not executed.
“Companies and contractors reportedly collected N100 billion from the Nigerian Bulk Electricity Trading Plc. (NBET) for contracts and projects not executed.”
“The thirty other MDAs including Nigerian Correctional Service; National Pension Commission, Abuja; Federal College of Land Resources Technology, Owerri; and Hydrocarbon Pollution Remediation Project (HYPREP) Office.
“Others include: Petroleum Technology Development Fund (PTDF); Federal Ministry of Youth and Sports Development; Federal Medical Centre, Bida, Niger state; National Centre for Women Development; Institute for Peace and Conflict Resolution; National Business and Technical Examinations Board (NABTEB); Federal University of Gasua; and Ministry of Niger Delta Affairs.
“Accountability requires transparency. Nigerians’ right to a democratic governance allows them to appreciably influence the direction of government and have an opportunity to assess progress and assign blame.”
