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SERAP Sues Tinubu Over Failure To Probe Fuel Subsidy Funds

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The Socio-Economic Rights and Accountability Project (SERAP) has sued President Bola Tinubu, over the failure to probe the allegations that USD$2.1 billion and N3.1 trillion public funds of oil revenues budgeted as fuel subsidy payments are missing and unaccounted for between 2016 and 2019.
SERAP filed a lawsuit against Tinubu at the Federal High Court in Lagos, seeking an order of mandamus to compel the President to promptly investigate allegations that USD$2.1 billion and N3.1 trillion in public funds are missing and unaccounted for between 2016 and 2019.
The group is also seeking an order of mandamus to compel President Tinubu to direct anti-corruption agencies to promptly investigate fuel subsidy payments made by governments since 1999, name and prosecute suspected perpetrators and recover any proceeds of crimes.
SERAP is also seeking: “an order of mandamus to direct and compel President Tinubu to use any recovered proceeds of crime as palliatives to address the impact of the subsidy removal on poor Nigerians, and to put in place mechanisms for transparency and accountability in the oil sector.”
In the suit, SERAP argues that: “The allegations that US$2.1 billion and N3.1 trillion of public funds are missing and unaccounted amount to a fundamental breach of national anti-corruption laws and the country’s international obligations including under the UN Convention against Corruption to which Nigeria is a state party.”
It stated that “The Tinubu government has constitutional and international legal obligations to get to the bottom of these allegations and ensure accountability for these serious crimes against the Nigerian people.”
According to SERAP, “Directing and compelling President Tinubu to promptly probe, name and shame and bring to justice the perpetrators and to recover any missing public funds would advance the right of Nigerians to restitution, compensation, and guarantee of non-repetition.”
It noted that “Allegations of corruption in fuel subsidy payments suggest that the poor have rarely benefited from the use and management of the payments.”
According to the lawsuit filed by SERAP’s lawyers, Kolawole Oluwadare, Ms Adelanke Aremo, Ms Valentina Adegoke, and Ayomide Johnson, there can be no economic growth or sustainability without accountability for human rights crimes. Poor and socio-economically vulnerable Nigerians should not be made to pay for the stealing of the country’s oil wealth while state and non-state actors pocket public funds.
The statement read in part; “Investigating and prosecuting the allegations, and recovering any missing public funds would serve the public interest, ensure justice and accountability, and end the entrenched impunity of perpetrators.
“According to the audited reports between 2016 and 2019 by the Auditor General of the Federation (AGF), the Nigerian National Petroleum Corporation (NNPC) failed to remit N663,896,567,227.58 into the Federation Account. The Auditor-General fears that the money may be missing.
“The NNPC also reportedly failed to account for the allocation of crude oil to refineries in 2019. 107,239,436.00 barrels of crude oil were lifted as domestic crude without any document. The Auditor-General fears that the crude valued at N55,891,009,960.63 may have been diverted.
“The NNPC in 2019 also failed to remit N1,955,354,671,268.66 and N55,157,702,848.74 of generated revenues into the Federation Account, contrary to Section 162(1) of the Nigerian Constitution 1999 [as amended]. The Auditor-General fears that the money may have been diverted.
“The NNPC also failed to account for N4,572,844,962.25 of ‘domestic gas receipts’, thereby ‘reducing the distributable revenue in the Federation account.’ The NNPC also in 2019 failed to account for 22,929.84 litres of PMS pumped from refineries and valued at N7,056,137,180.00.
“The NNPC also ‘illegally classified’ 239,800 barrels of crude oil valued at N5,498,045,220 as ‘crude oil losses.’
“The Department of Petroleum Resources (DPR) in 2019 also reportedly failed to remit US$1,278,364,595.49 in revenue to the Federation Account. The money was deducted by the NNPC from the Oil and Gas Royalty assessed by the DPR.
“The DPR in 2019 also deducted N19,840,081.29 as ‘stamp duty’ payments from contractors and consultants but the DPR instantly paid back the money to the contractors and consultants instead of remitting it to the treasury.
“The DPR in 2019 also paid N137,225,973.35 to contractors and consultants for various contracts and consultancies but failed to deduct stamp duty.
“The DPR also paid N11,856,088,271.92 as salaries for 2019 but failed to deduct N118,560,882.72 as the contribution of 1% Industrial Training Fund (ITF). The DPR in 2019 also failed to transfer US$35,738,342.95 year balance.
“The DPR in 2018 also withdrew without any explanation US$759,387,755.10 from DPR Signature Bonus Account rather than paid the money into the Federation Account.
“Subsidy records show that N443,940,559,974.80 was paid as total subsidy for 2016 but the money was not budgeted for. The payments were for outstanding Petroleum Support Fund (PSF) commitments for the year 2015. However, there was no payment in 2016. Only outstanding payments for previous years 2014 and 2015 and interest payments were made in 2016.
“The Auditor-General fears that the oil marketers that received the subsidy payments may not have been ‘eligible to draw from the Petroleum Support Fund as the Petroleum Products Pricing and Regulatory Authority (PPPRA) failed to provide any document on the payments.
“N39,141,210,181.74 was also paid from the Federation Account in 2016 to different Oil Marketers in 26 transactions, being Payments of Interest and Foreign Exchange Differential on Subsidy but without any document.
“The NNPC also made ‘zero profit’ and recorded ‘losses from its joint ventures in 2016. This is contrary to expectations that profits should be made from the joint ventures.
“The Ministry of Petroleum Resources, Abuja in 2016 paid N14,490,000.00 for the supply of 3 Nissan Almera Saloon vehicles 1.5 to the Ministry without proper documentation. The purchase of ‘the vehicles were made through direct procurement without competitive bidding by at least three companies, as required by Financial Regulations. There was no advertisement and bidding for this contract.
“Although ‘N12,442,500.00 was approved by the Bureau of Public Procurement for the vehicles, the Ministry made an overpayment of N2,047,500.00 to the car company.

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Group Tasks IGP On Protection For Justices Of State Election Petitions Tribunal

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The National Coalition Against Terrorism, has urged the Inspector General of Police (IGP) to ensure adequate protection for Justices of State Election Petitions Tribunal, as they deliver their judgments in states of the federation.
Mr Terrence Kuanum, the coalition’s National Coordinator said this at a news conference yesterday in Abuja.
Kuanum lauded the Chief Justice of the Federation for boosting the morale of the Justices to enable them deliver courageous judgments across the country.
“The country’s democracy will continue to advance if the judiciary is strengthened to continue with its just judgment as was done in Kano State,” he said.
He appealed to political leaders in states to guide their supporters against heating up the polity and to ensure strict adherence to the tenets of democracy.
“In a democratic dispensation like ours, it is believed that leaders of thoughts should be of good conscience and imbibe democratic principles, especially in the area of law and order.
“Political leaders are to guide their supporters and ensure strict adherence to the tenets of democracy.
“The recent Election Petitions Tribunal judgments across the country are a welcome development where irregularities during the 2023 general elections were challenged and some upturned while others were upheld,” he said.
Kuanum said that there was growing tension in the camp of those who lost at the tribunal, saying the development to an extent, was being curtailed by some political leaders who understood democracy and its value.
He said that most worrisome, was the threat by the Kwankwasiyya Movement in Kano State who were members of the New Nigeria People’s Party (NNPP).
“However, since the tribunal judgment, the Kwankwasiyya movement is threatening the justices and judicial officers for been courageous enough to deliver just judgment.
“They have threatened to kill and make Kano worse than Zamfara.
“We all know what Zamfara is at the moment,”the coalition national coordinator said.
He added that for members of the Kwankwasiyya movement to be making open statements and raining insult on the justices on daily basis, it meant they had the protection of some individuals in the state.
“We call on the I-G to immediately arrest the leader of the Kwankwasiyya movement for proper interrogation over threat to life and peaceful co-existence in Kano State.
“We need urgent security measures to secure first, the judicial official and their residences, especially the Appeal Court Justices who reside in Kano State.
“With this imminent threat by the Kwankwassiya movement, if cautious measures are not put in place, we would be faced with another insurgent threat on our hands.
“And that will spell doom for all the efforts made by President Bola Tinubu in wooing investors into the country and pose as a threat to our nascent democracy,” he said.
Kuanum cautioned members of the group to desist from intimidating the judiciary, saying that the law was not base on sentiment but facts before it.
“Our democracy is matured enough, a reason section 65 sub section (2) of the Electoral Act provide room to seek redress at the tribunal or any court of competent jurisdiction,” he said.
The Kano State Governorship and State Houses of Assembly Election Petition Tribunal had on Sept. 20 declared Dr Nasiru Gawuna of the All Progressives Congress (APC) as the dully elected governor of the state, voiding the election of Gov. Abba Yusuf of the New Nigeria People’s Party(NNPP).

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EFCC Records 3,785 Convictions In 2022

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The Economic and Financial Crimes Commission (EFCC) says it recorded 3,785 convictions in 2022, and that the figure represents the highest in a single year since the establishment of the commission.
The Head of the Legal and Prosecution Department of the commission in Makurdi, Mr. Ramiah Ikhanaede, disclosed this during his presentation at the workshop on Effective Reporting of Economic and Financial Crimes held in Makurdi, Benue State.
Speaking on the challenges of prosecuting economic and financial crimes in Nigeria, Mr. Ikhanaede pointed out that the commission was making progress in its fight against financial crime and would continue to sustain the tempo with the support of the media.
Ikhanaede, however, listed some of the challenges being faced by the commission while prosecuting its cases to include among others, societal and economic factors as well as lacunas in the nation’s laws.
He noted that despite the challenges “the EFCC recorded its highest convictions in 2022 with the convictions of 3,785 suspects.”
Speaking on the successes recorded in Benue, the Head of the Legal and Prosecution said the Commission recorded 107 convictions in the state since the establishment of the Zonal Command in 2019.
According to him, “In 2019, we had 16 convictions; in 2020 during the Covid-19 pandemic, we had nine convictions; in 2022, we recorded 39, while 43 convictions have been recorded in 2023 and the year has not ended. So despite the challenges, we are actually making progress as a Commission.”
Acting Executive Chairman of the EFCC, Abdulkarim Chukkol, in a goodwill message read by the Zonal Commander, Friday Ebelo, said the workshop was designed to upgrade the skill of Journalists to enable them effectively discharge their duties as financial crime reporters.
He said: “Today’s workshop is the ninth in the series by the Commission this year but the first outing in Makurdi Zonal Command. The decision to engage you all in a training session is buoyed by the appreciation of the fact that you occupy a strategic place in the fight against corruption.
“You are the vehicle through which the EFCC reaches the Nigerian public with information about our operations. You also play crucial roles in helping to mobilize the people to embrace the fight against corruption. This makes the media one of the most critical allies of the EFCC,” he added.
Chukkol urged the media to continue to align itself with the progressive aspirations of Nigerians, to see that corruption was reduced to the barest minimum, if not completely eliminated.
He said, “On this score, I would like the media to educate family members and friends of politicians and others holding political offices that they run the risk of going to jail if they allow their companies or bank accounts to be used to launder proceeds of illegal activities. Under the Money Laundering Act, 2022 family members and close allies of politicians and public office holders, including top civil servants, are now classified as Politically Exposed Persons, PEP.
“The EFCC is determined to ensure that anyone who steals from the public treasury and all those who assist them to do so under whatever guise, are brought to justice and ignorance of the law will not be an excuse.
“I won’t conclude this remark without reminding us of the challenge which we face with the involvement of youths in cybercrime within the zone. This development, in spite of the enforcement and enlightenment efforts of the Commission is worrisome. I therefore appeal to the media to lend a hand in helping to sensitize the youth against internet-related fraud activities. The youth must be reminded that they can productively use the resources available in cyberspace for legitimate pursuits without embracing criminality.”
Speaking on Investigative Journalism and Nigeria Fight Against Money Laundering, an Assistant Commander in the Commission, Dele Oyewale, urged the media to take the lead in the fight against economic and financial crimes through incisive investigative reports that would also help the Commission in its fight against the menace of financial crimes.
He said: “The media should also educate Nigerians on the provisions of the New Money Laundering Act which bars individuals from making payments beyond N5million in cash and firms and corporate organisations cannot also do same beyond N10million.”
Also, the Head of Advance Fee Fraud Section of the Command, Stephanie Philip, who spoke on Trends, Peculiarities and Challenges of Cybercrimes Enforcement in Nigeria, decried the rate young persons had resorted to materialism which had driven the rate of Cybercrime in the country saying “according to Interswitch, N12.2billion was lost by banks in six months of 2023 in the country. And N911billion was lost to Ponzi schemes in 23 Years in the country.”

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Independence Day: FG Declares Monday Public Holiday

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In commemoration of Nigeria’s 63rd Independence Day anniversary, the Federal Government has declared Monday, October 2, 2023, as a public holiday.
The Minister of Interior, Dr Olubunmi Tunji-Ojo, made the declaration in Abuja yesterday, on behalf of the Federal Government, according to a statement by the Ministry’s Permanent Secretary, Dr Oluwatoyin Akinlade.
The minister assured Nigerians of the President Bola Tinubu-led administration’s continued commitment to tackling challenges facing the country.
“It is today a known fact that difficult socio-economic and security challenges are global, and Nigeria is not isolated.
“The government is daily making efforts to confront these varied and numerous challenges with all the might available until respite comes our way,” the statement quoted him as saying.
Tunji-Ojo said the greatness ahead of the country was achievable if all citizens worked together in unity.
“Our warm welcoming spirit and love as well as our unbounded human capital and the richness of our land makes Nigeria unarguably the leading black nation in the world being Africa’s pride and beacon of hope for the Renewed Hope of President Bola Ahmed Tinubu.
While wishing the citizens a memorable independence celebration, the Minister recalled that our founding fathers, despite the differences in faith, tribe and tongue, came together for Nigeria’s freedom which we enjoy today.
“The minister assured that this Administration through the Renewed Hope Agenda will ensure a better Nigeria for all citizens, as a befitting tribute to our heroes past,” the statement added.
Recall that the Federal Government had, last Wednesday, said this year’s Independence Day will not feature a ceremony at the Eagle Square, Abuja, but will be held “low-key,”.
The Secretary to the Government of the Federation, George Akume who disclosed this said this year’s Independence Day would be “a time for reflections…to think very deeply as a people and the journey forward.”c
Akume revealed this to State House Correspondents after he emerged from a closed-door talk with Vice President Kashim Shettima, at the Aso Rock Villa, Abuja. c
The former Minister of Special Duties, who was reluctant to reveal details of the issues discussed, said it bordered on plans for the Independence Day. c
“Independence is a historic event for any country and we Nigerians are no exemptions. c
“We are fully prepared for celebrations and for obvious reasons, it is going to be low-key and we are wishing Nigerians the best of luck and I want to assure them that better days are coming and pretty soon too,” he noted. c
On the modalities of this year’s edition, Akume revealed, “This is going to be low key; we are not going on fantastic jamboree at the Eagle Square and other locations. c
“It’s a time for reflections…to think very deeply as a people. This journey is being charted by the captain of the ship.”

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