The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu and the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi (SAN).
The suit is over their failure to collaborate with the relevant anti-corruption agencies to investigate claims that over N57billion in public funds were missing, diverted, or stolen from the Federal Ministry of Humanitarian Affairs and Poverty Alleviation in 2021.
SERAP noted that the allegations were outlined in the 2021 audited report released in November 2024 by the Office of the Auditor-General of the Federation.
SERAP said on Sunday that the lawsuit filed on Friday at the Federal High Court sitting in Lagos Marked No: FHC/L/MISC/876/2024, named Fagbemi as a respondent and prayed the court to compel President Tinubu to direct Fagbemi to work with anti-corruption agencies to swiftly probe the allegations.
SERAP is also seeking the court’s intervention to ensure that those responsible for the missing N57billion are prosecuted, provided sufficient admissible evidence is found, and that any recovered funds are returned to the public treasury.
The organisation said that investigating the allegations and prosecuting those responsible would help end impunity for perpetrators.
According to SERAP, the allegations constitute theft from the poor, with a significant public interest in ensuring justice and accountability for such grave accusations.
SERAP stated that Nigeria’s impoverished citizens continue to suffer the consequences of rampant corruption within the Federal Ministry of Humanitarian Affairs and Poverty Alleviation, as well as other ministries, departments, and agencies (MDAs).
“The effects of corruption are felt daily, as citizens face increased costs for health, education, and other public services,” SERAP said.
The organisation also emphasised that the allegations represent a severe breach of public trust, violating the Nigerian Constitution (1999, as amended), the country’s anti-corruption laws, and its international anti-corruption obligations.
The lawsuit, filed by SERAP’s lawyers, Kolawole Oluwadare and Ms. Oluwakemi Agunbiade, also argued that granting the reliefs sought would help address corruption in MDAs and alleviate the country’s budget deficit and debt issues.
Part of the suit stated, “The 2021 audited report reveals that hundreds of billions of naira are unaccounted for in several MDAs.
“The Auditor-General’s report highlights several concerning instances of missing funds.
“For example, in 2021, the Federal Ministry of Humanitarian Affairs and Poverty Alleviation failed to account for over N54 billion allocated for monthly stipends to Batch C1 N-Power volunteers and non-graduate trainees from August to December 2021.
“The funds were not paid directly to beneficiaries, leading the Auditor-General to suspect possible diversion and call for the recovery of the funds.
“The report also details over N2.6 billion in unaccounted funds intended for the Home-Grown School Feeding Programme during the Covid-19 pandemic, with money reportedly paid to contractors without proper documentation.
“Similarly, over N78 million spent on a survey related to the Ministry’s Covid-19 response lacked approval or supporting documents, raising further concerns of misappropriation.
“The Ministry also failed to account for N39.5 million in donations and N400 million for stipends to independent monitors, with the Auditor-General fearing these funds may have been diverted or lost.”
SERAP in the suit added that more than N287 million was reportedly paid to contractors without documentation, with no justification for the expenditure.
The suit added, “These findings are separate from the allegedly missing or unaccounted-for N729 billion, which is the subject of a separate court judgment by Justice Deinde Dipeolu.”
SERAP argued that investigating these allegations and prosecuting those responsible would uphold the rights of Nigerians to restitution, compensation, and prevent future violations.
It stated that the case highlights the systemic corruption in MDAs, as documented in the 2021 and previous reports by the Office of the Auditor-General of the Federation.
According to SERAP, “The Nigerian Constitution mandates that the government should ensure social justice, welfare, and the equitable distribution of resources for the common good.
“Sections 13, 15(5), and 16 of the Constitution, as well as Nigeria’s commitments under international conventions, require the government to prevent corruption, investigate misappropriation, and hold public officials accountable.
“The UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption, both of which Nigeria is a party to, obligate the government to investigate corruption thoroughly and impose effective sanctions for grand corruption.
“According to Article 26 of the UN Convention, sanctions should be both effective and proportionate to the severity of the corruption.”
However, no date has been set for the hearing of the case.
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