SERAP sues Buhari for failure to probe payment of security votes to Govs since 1999

The Socio-Economic Rights and Accountability Project (SERAP) has instituted a lawsuit against President Muhammadu Buhari over the failure of his administration to probe the “systemic mismanagement of security votes by state governors since 1999, and to ensure the prosecution of those suspected to be responsible.”

This was contained in a statement issued on Sunday by the SERAP Deputy Director, Kolawole Oluwadare in the aftermath of Buhari’s 2022 New Year Message in which he raised concerns about “the persistent insecurity in certain parts of the country,” and his promise in his 2015 inaugural speech to “check gross corruption and ensure that there is accountability at all levels of government in the country.”

The rights organisation filed the suit: FHC/L/CS/189/2022, last week at the Federal High Court in Lagos.

According to SERAP, “an order of mandamus to compel President Buhari to direct Mr. Abubakar Malami SAN, Attorney General of the Federation and Minister of Justice to probe allegations of systemic mismanagement of security votes by state governors since 1999.”

It also sought “an order of mandamus to compel President Buhari to direct Mr. Abubakar Malami SAN to prosecute anyone suspected to be responsible, as appropriate; if there is sufficient admissible evidence, and to recover any mismanaged public funds.

“Compelling the Federal Government to probe the spending of security votes since 1999 would ensure accountability, and improve the ability of the government to deliver on the promises to ensure the security of Nigerians, and to keep them safe.

“It is in the interest of justice to grant this application. Ending impunity for allegations of corruption in the spending of security votes and recovering any mismanaged public funds are matters of public interest.”

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“The responsibility to guarantee and ensure the security and welfare of the Nigerian people is interlinked with the responsibility under Section 15(5) of the Nigerian Constitution, 1999 [as amended] to ‘abolish all corrupt practices and abuse of office.’ This imposes a fundamental obligation to ensure accountability for the spending of security votes by state governors.

“Pervasive tendency by public officers since 1999 to regard or treat security votes given to them for the security of the state as their personal entitlement or funds is antithetical to the Nigerian Constitution and international standards.

“Longstanding allegations of mismanagement of security votes have hugely contributed to the growing insecurity in the country, and the failure to ensure the security and welfare of Nigerians.

“As revealed by a recent report by Transparency International (TI), most of the funds appropriated as security votes are spent on political activities, mismanaged or simply stolen. It is estimated that security votes add up to over N241.2 billion every year.

“While sitting state governors may enjoy immunity from arrest and prosecution, they do not enjoy immunity from investigation. Any allegations of mismanagement of security votes against sitting governors can and should be investigated pending the time they leave office and lose immunity.”

Joined in the suit as Respondent is Mr Abubakar Malami, the Attorney-General of the Federation.

No date has been fixed for the hearing of the suit.

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