Law & Human Rights

September 14, 2023

Public interest litigations: How SERAP is holding govt, politicians accountable

DSS SERAP

By Innocent Anaba

The importance of civil society organisations, CSOs, in any society cannot be overstressed, given the role they play to hold government accountable to the people.

In the case of Nigeria, its on record that CSOs have played an active role in challenging government policies and actions that tend to be out of tune with public good.

Of note is Socio-Economic Rights and Accountability Project, SERAP, which has through its public interest litigations, successfully challenged decisions and actions of many government agencies and also that of government at all levels.

Speaking on the organisation’s works, its Deputy Director,  Mr. Kolawole Oluwadare, said that while suits help achieve advocacy objectives in the short term, they have broader significance.

According to him: “They are primarily to sensitise the public about issues of public interest and to create legal jurisprudence and precedents that can help improve our legal system.”

On enforcing such judgments, he said: “In some of the judgments that were secured, there have been compliance. Some of the issues litigated against have been dropped by the concerned agencies or respondents after the suits were filed.”

Threat to revoke broadcast licences of 53 broadcast stations

SERAP recorded success following the threat to revoke the broadcast licences of 53 broadcast stations by the Buhari administration.

The NBC, on August 19, 2023, revoked the licences of 53 broadcast stations on the grounds of their failure to pay their licence renewal fees worth N2.66 billion.

The commission ordered those yet to pay to shut down at 12a.m., on August 20.

SERAP with the Nigeria Guild of Editors, NGE, challenged NBC’s action, following which a Federal High Court in Lagos, restrained the Federal Government from shutting down the stations.

Oluwadare noted that regarding the case: “The Federal Government said in court that NBC did not fine the 53 broadcast stations because of the injunction issued by the court.”

Suit on double pay for former govs

Some state governments had passed laws, entitling their former chief executives to fat pensions and life pay, but SERAP went to court, seeking the Federal Government to recover over N40billion from these former governors, who earn life pension while serving as lawmakers or ministers.A Federal High Court in Lagos, following the suit ordered then Attorney-General of the Federation, Abubakar Malami, SAN, to challenge the legality of states’ pension laws.

Following non-compliance with the order, SERAP filed a contempt suit against Malami.

Subsequently, a former Ogun State Governor, Gbenga Daniel, asked the state government to stop the payment of his monthly pension.

He said he did not want to be receiving double remuneration, having returned to public service as Senator representing Ogun East.

SERAP’s ED, in his reaction, said: “Senator Daniel has stopped collecting pension in compliance with the judgment SERAP secured.

“Former Kwara State governor and Senate President, Bukola Saraki also said he stopped collecting life pension because of SERAP’s lawsuit.”

The organisation has also maintained its  advocacy against former governors in government receiving double pay.

It has asked President Bola Tinubu to ensure the stoppage of further collection of life pensions and other allowances by governors in his administration.

Abuja Close Circuit Television (CCTV) project

Also, the Abuja Close Circuit Television, CCTV, project that would have in no small measure, helped guarantee security in the FCT, ran into trouble due to poor execution.

Given the volume of money pumped into the failed project, SERAP headed to court to seek accountability on the part of government to conceive the project and voted huge sum of money into the project.

In a Freedom of Information, FoI, suit at a Federal High Court in Abuja, asking the Buhari administration to account for the $460 million Chinese loan obtained to fund the failed Abuja CCTV contract, SERAP moved to hold the government accountable.

On May 15, 2023,  Justice Emeka Nwite ordered the government to account for how the loan was spent.

The court also ordered the government to “publish the total amount of money paid to Chinese and local companies and contractors and specific details of the names of the companies and contractors and status of the implementation of the project.”

N200bn Delta education funds

SERAP in 2019, had dragged Delta State Government before a Federal High Court in Lagos, and sought to know how the Ifeanyi Okowa government spent over N200 billion education fund allocations to Delta.

Justice Daniel Osiagor in his judgment delivered on July 17, 2023, made an order of mandamus compelling the Delta State Government to provide SERAP with the information requested.

The court also ordered the state government to “disclose how the Okowa government spent over N7.28 billion received from UBEC between 2015 and 2017, and N213 billion received from the Federation Accounts Allocation Committee, FAAC, in 2018, at an average of N17.8 billion monthly.”

Abacha loot case

The controversy generated by the whereabouts of $5billion Abacha loot, compelled SERAP to again head before a Federal High Court sitting in Abuja, under FoI, praying the court to order the previous administrations of Olusegun Obasanjo, Musa Yar’Adua, Goodluck Jonathan and Buhari to account for the Abacha loot.

In a landmark judgment on July 3, 2023, Justice James Omotosho granted the application.

The court ordered the disclosure of the spending details of the recoveries by the past governments.

More still needs to be done

Mr. Jonathan Iyieke, a Lagos lawyer, believes SERAP should be encouraged, as more still needed to be done.

Iyieke said: “The challenge is that in a country like Nigeria where corruption and disobedience to rule of law are eulogised, it does not matter how many times one goes to court.

“It’s really a travesty of justice that cases ventilated and doggedly won in courts are selectively obeyed. I am in support of SERAP. Let it continue with its work.”

Also, an activist-lawyer, Tope Alabi, encouraged SERAP to sustain the public interest litigations.  Alabi said: “The problems in the society that call for public interest litigation are many, so the cases filed by SERAP are not even enough. More public interest litigation is needed.

“We hear a lot about SERAP filing cases, so I think the public also needs to know what becomes of them when judgment is given.”