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The Socio-Economic Rights and Accountability Project (SERAP) urged President Muhammadu Buhari “to order the Federation Attorney General and Minister of Justice, Mr. Abubakar Malami, SAN, and the appropriate anti-corruption agencies to ” investigate reported spending of over $ 880 billion in public funds by 367 ministries, departments and agencies (MDAs) in 2018 without allocation.
SERAP said: “Any such investigation should establish whether public funds have been mismanaged, embezzled or stolen. Anyone suspected of being responsible should be prosecuted, where appropriate, if there is sufficient admissible evidence, and any misappropriated public funds should be fully recovered. “
In the open letter dated August 7, 2021 and signed by SERAP Deputy Director Kolawole Oluwadare, the organization said: “These damning revelations suggest a serious violation of public trust, the Nigerian Constitution of 1999 [as amended], and international human rights and anti-corruption standards. Spending public funds without ownership will create opportunities for corruption. “
According to SERAP, “Investigating and prosecuting anyone who has spent public funds without appropriation and authorization will send a powerful message that this illegal and unconstitutional practice will not be tolerated under your watch. “
The letter read in part: “Complying with constitutional requirements and international standards on the expenditure of public funds would ensure effective and efficient management of public resources and put the country’s wealth and resources at the service of the common good of all Nigerians.” This in turn would reduce increasing levels of borrowing and public debt. “
“We would be grateful if you would take the recommended action within 14 days of receiving and / or posting this letter. If we have not heard from you by then, SERAP will take all appropriate legal steps to compel your government to comply with our request in the public interest.
“According to part 2 of the 2018 audited annual report of the Auditor General of the Federation, 880,894,733,084,811 were spent by 367 MDA without allocation. 14 MDA would have spent 162,924,630,539.20 without allocation. Likewise, 100 MDA spent 229,136,261,325.73 ₦ on “social benefits” without allocation. “
“Additionally, 151 MDA exceeded their 2018 overhead appropriations of 476,625,502,048.87 without any evidence of additional appropriations or approved transfers to support extra-budgetary spending. 102 MDA would also have spent 12,208,339,171.01 on grants without budgetary provision. The Auditor General is concerned that the money has been embezzled. “
“Identifying, naming and humiliating those who have spent unrestricted public funds would increase the chances of success of your government’s repeatedly-repeated commitment to fight corruption and end impunity for perpetrators. It will also serve the public interest.
“SERAP is gravely concerned about the negative consequences of unconstitutional and poor management of public resources on the human rights of poor and vulnerable Nigerians, including denying them access to essential public goods and services such as health care. quality, education and drinking water.
“Public trust and accountability in public administration is essential for preventing corruption and increasing efficiency. Transparent and accountable public financial management is an essential pillar of good governance and is of vital importance for providing public goods and services to citizens, as well as for creating and maintaining just and sustainable economic and social conditions in the country. .
“Corruption thrives in contexts that provide opportunities for unlawful behavior, widespread motives for taking advantage of those opportunities, and weak controls. Corruption prevention is most effective in environments that minimize opportunity, comply with constitutional and international legal requirements and standards, and promote integrity.
“SERAP also urges you to ask Ms. Zainab Ahmed, Minister of Finance, Budget and National Planning, to widely publish details of MDAs and public officials involved in unconstitutional spending of public funds. “
“SERAP urges you to ask the heads of the MDAs involved to explain why they would have spent unallocated public funds, contrary to constitutional and international requirements, and standards of transparency and accountability in preparation, processes and decisions on their budgets, and to return any money spent without the approval of the public purse.
“Article 80 (2) of the Nigerian Constitution provides that no money shall be withdrawn from the Public Treasury of the Federation except to cover expenses charged to the fund by the Constitution or when the issuance of money has been authorized by an appropriation law, supplementary appropriation law or law adopted in application of article 81 of the Constitution.
Likewise, Articles 5 and 9 of the United Nations Convention against Corruption to which Nigeria is a State Party impose legal obligations on your government to ensure good management of public affairs and public funds, and to promote sound and transparent administration of public affairs and public goods. . “
The letter was copied to Mr. Malami; Professor Bolaji Owasanoye, Chairman of the Independent Commission on Corrupt Practices and Other Related Offenses (ICPC); Mr. Abdulrasheed Bawa, Chairman, Economic and Financial Crimes Commission (EFCC); and Mrs. Ahmed.
Kolawole Oluwadare
Deputy Director of SERAP
8/8/2021
Lagos, Nigeria
E-mails: [email protected]; [email protected]Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us at: +2348160537202
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