SERAP Nigeria – struggle against corruption to affirm human rights
By
Denise Nanni and Milena Rampoldi, ProMosaik. In the following we would like to
introduce our readers to the organization SERAP, the socio-economic rights andaccountability project founded in 2004 in Nigeria to promote human rights in
the country. We would like to thank Timothy Adewale, Senior Staff Attorney for
the detailed answers to our questions. One of the important steps to guarantee
human rights is the struggle against corruption. And to struggle for human
rights we need to empower citizens to fight for social, economic, personal, and
political rights.
Denise Nanni and Milena Rampoldi, ProMosaik. In the following we would like to
introduce our readers to the organization SERAP, the socio-economic rights andaccountability project founded in 2004 in Nigeria to promote human rights in
the country. We would like to thank Timothy Adewale, Senior Staff Attorney for
the detailed answers to our questions. One of the important steps to guarantee
human rights is the struggle against corruption. And to struggle for human
rights we need to empower citizens to fight for social, economic, personal, and
political rights.
How was SERAP born and with what aims?
The Socio-Economic Rights
and Accountability Project (SERAP) was created in 2004 and registered as a
non-governmental, non-profit organization under Nigerian laws.
and Accountability Project (SERAP) was created in 2004 and registered as a
non-governmental, non-profit organization under Nigerian laws.
Recognising the
unexplored potential of international human rights law for increasing
transparency, accountability and protection of economic and social rights in
Nigeria, SERAP was created to promote these principles and values. The
organization aims to use human rights law to encourage the government and
others to address developmental and human rights challenges such as corruption,
poverty, inequality and discrimination.
unexplored potential of international human rights law for increasing
transparency, accountability and protection of economic and social rights in
Nigeria, SERAP was created to promote these principles and values. The
organization aims to use human rights law to encourage the government and
others to address developmental and human rights challenges such as corruption,
poverty, inequality and discrimination.
We have worked to hold the government to account
through the framework of human rights and anti-corruption laws and standards.
We have continued to offer free legal advice and services for victims of
corruption and economic and social rights. We help those whose economic and
social rights are violated to obtain redress.
through the framework of human rights and anti-corruption laws and standards.
We have continued to offer free legal advice and services for victims of
corruption and economic and social rights. We help those whose economic and
social rights are violated to obtain redress.
What are the main issues related to the justice system in Nigeria?
A major issue affecting the
effectiveness of the justice system is corruption. Some other factors
militating against the justice system are: Inelegant way of appointing judges
and magistrates; our prison system including prison congestion and the high
rate of awaiting trials inmate which constitutes a large percentage of the
inmates; corruption in the policing system which translates to delay and poor
investigation of cases; Inordinate delay and length of time in concluding cases
in court which at times may be as a result of lack of cohesion between Federal
and State agencies. For example: A federal institution, the Nigerian Police arrest
and investigate a suspect. The case is transferred to State prosecutors to
handle with little or no assistance from the police which carried out the
original investigation. While the case is in court, the suspect may be expected
to be in the custody of the Federal Prisons which at times may fail to produce
the suspect in court for various flimsy reasons which may include lack of fuel
in their vehicles.
effectiveness of the justice system is corruption. Some other factors
militating against the justice system are: Inelegant way of appointing judges
and magistrates; our prison system including prison congestion and the high
rate of awaiting trials inmate which constitutes a large percentage of the
inmates; corruption in the policing system which translates to delay and poor
investigation of cases; Inordinate delay and length of time in concluding cases
in court which at times may be as a result of lack of cohesion between Federal
and State agencies. For example: A federal institution, the Nigerian Police arrest
and investigate a suspect. The case is transferred to State prosecutors to
handle with little or no assistance from the police which carried out the
original investigation. While the case is in court, the suspect may be expected
to be in the custody of the Federal Prisons which at times may fail to produce
the suspect in court for various flimsy reasons which may include lack of fuel
in their vehicles.
At one of the several
media roundtables SERAP organized, the former Chief Justice of Nigeria (CJN),
Justice Dahiru Musdapher was invited as a special guest of honour, where he
addressed the issues of ethics and integrity at the Magistrate court level.
media roundtables SERAP organized, the former Chief Justice of Nigeria (CJN),
Justice Dahiru Musdapher was invited as a special guest of honour, where he
addressed the issues of ethics and integrity at the Magistrate court level.
Honourable Justice
Musdapher said the only way to safeguard the nation’s fledgling democracy is
for the judicial system to be politically neutral to protect the judicial
system against undue intervention and corrupt practices.
Musdapher said the only way to safeguard the nation’s fledgling democracy is
for the judicial system to be politically neutral to protect the judicial
system against undue intervention and corrupt practices.
Justice Musdapher
noted that “it is no doubt that a corrupt Judge is more harmful than man who
runs amok with a dagger in a crowded street.”
noted that “it is no doubt that a corrupt Judge is more harmful than man who
runs amok with a dagger in a crowded street.”
He noted that things
are not faring well in the judiciary at the state level; where he said the
executive arm of government suppresses the judiciary and almost makes them
subservient. It is regrettable that some
state chief executives treat the judiciary as an appendage of the executive
arm. While it is true that, in some cases, this is self-inflicted (because of
the way some judges conduct themselves), it does not invariably follow that a
distinct arm of government should, because of the action of a few, be treated
in a manner that compromises its independence and its integrity.” Justice
Musdapher also noted that, “Sadly, the judiciary in several states still goes
cap in hand to the executive begging for funds that should naturally come to
it. By section 162(9) of the constitution, any amount standing to the credit of
the judiciary in the Federation Account is paid directly to the NJC for
disbursement to the heads of courts including those at the state level.
However, a significant part of the funding requirements of state judiciaries
especially in the area of the provision of infrastructure and welfare of magistrates
and other lower court judges remain the responsibilities of state governments.”
are not faring well in the judiciary at the state level; where he said the
executive arm of government suppresses the judiciary and almost makes them
subservient. It is regrettable that some
state chief executives treat the judiciary as an appendage of the executive
arm. While it is true that, in some cases, this is self-inflicted (because of
the way some judges conduct themselves), it does not invariably follow that a
distinct arm of government should, because of the action of a few, be treated
in a manner that compromises its independence and its integrity.” Justice
Musdapher also noted that, “Sadly, the judiciary in several states still goes
cap in hand to the executive begging for funds that should naturally come to
it. By section 162(9) of the constitution, any amount standing to the credit of
the judiciary in the Federation Account is paid directly to the NJC for
disbursement to the heads of courts including those at the state level.
However, a significant part of the funding requirements of state judiciaries
especially in the area of the provision of infrastructure and welfare of magistrates
and other lower court judges remain the responsibilities of state governments.”
According to him,
“Restoring public confidence in the judicial system is our number one priority.
We have therefore taken a number of initiatives to make this a reality. We
established a Judicial Reform Committee, headed by former Chief Justice of
Nigeria, CJN, Justice Muhammadu Uwais to explore how best to fortify the
independence of the judiciary, curb judicial corruption and especially insulate
judges from political manipulations and control. The committee has since
submitted its report and has made very useful recommendations. The aim is to
set out the Judiciary on a path of renewal so as to restore the integrity and
dignity of the Judiciary.”
“Restoring public confidence in the judicial system is our number one priority.
We have therefore taken a number of initiatives to make this a reality. We
established a Judicial Reform Committee, headed by former Chief Justice of
Nigeria, CJN, Justice Muhammadu Uwais to explore how best to fortify the
independence of the judiciary, curb judicial corruption and especially insulate
judges from political manipulations and control. The committee has since
submitted its report and has made very useful recommendations. The aim is to
set out the Judiciary on a path of renewal so as to restore the integrity and
dignity of the Judiciary.”
Femi Falana, SAN also attended and made a
presentation at one of our media roundtables. He noted that Nigerians must be
ready to protect the integrity of the courts as the last hope of the
common man by testing the law through the court whenever their rights were
abused.
presentation at one of our media roundtables. He noted that Nigerians must be
ready to protect the integrity of the courts as the last hope of the
common man by testing the law through the court whenever their rights were
abused.
He noted that the magistrate court as a court of
first instance has so much to do in the dispensation of justice and the
protection of the rule of law.
first instance has so much to do in the dispensation of justice and the
protection of the rule of law.
He decried the poor working conditions of
magistrates across the country and called on the government at all levels and
the Judicial Service Commission to provide a more conducive atmosphere for
magistrates to function optimally.
magistrates across the country and called on the government at all levels and
the Judicial Service Commission to provide a more conducive atmosphere for
magistrates to function optimally.
At one of our media roundtables, former Chairman
of the Judiciary and Human Rights Committee of the Lagos House of Assembly, Mr
Babatunde Ogala noted the need for magistrate courts to be corrupt-free to
deliver quality judgments for the common masses who appear before them.
of the Judiciary and Human Rights Committee of the Lagos House of Assembly, Mr
Babatunde Ogala noted the need for magistrate courts to be corrupt-free to
deliver quality judgments for the common masses who appear before them.
Do you involve civil society into your activities? If yes, how?
SERAP is a key member of the
UNCAC Coalition, which is a global network of over 310 civil society
organisations (CSOs) in over 100 countries, committed to promoting the
ratification, implementation and monitoring of the UN Convention against
Corruption (UNCAC). Established in August 2006, it mobilises civil society
action for UNCAC at international, regional and national levels.
UNCAC Coalition, which is a global network of over 310 civil society
organisations (CSOs) in over 100 countries, committed to promoting the
ratification, implementation and monitoring of the UN Convention against
Corruption (UNCAC). Established in August 2006, it mobilises civil society
action for UNCAC at international, regional and national levels.
Locally, we always invite
civil society to our activities and programs and when the need arises, we
collaborate. We also carry out public interest litigations on behalf of civil
society. All our publications including the outcomes of our researches are
always sent out to civil society free of charge.
civil society to our activities and programs and when the need arises, we
collaborate. We also carry out public interest litigations on behalf of civil
society. All our publications including the outcomes of our researches are
always sent out to civil society free of charge.
Can you tell me more about the Advocacy and education program?
Our
organization also engages in advocacy, education and campaigning and litigation
as tool of empowering the citizens about their economic and social rights and
to hold the government and public officials accountable for the performance of
their public trust and functions.
organization also engages in advocacy, education and campaigning and litigation
as tool of empowering the citizens about their economic and social rights and
to hold the government and public officials accountable for the performance of
their public trust and functions.
In 2007, SERAP, following lack of access to affordable and quality
healthcare for millions of Nigerians, launched a public petition campaign on
access to healthcare for poor women and children in Nigeria, a campaign that
has received extensive media coverage and significant public support. The public
petition campaign aims to put pressure on the Nigerian government to initiate
and submit an executive bill on universal access to healthcare for poor women
and children in Nigeria to the National Assembly. The public petition campaign
has received significant support, including from Amnesty International
(Netherlands); Messrs Femi Falana SAN; Olisa Agbakoba SAN and former President,
Nigerian Bar Association (NBA); International Commission of Jurists
(ICJ-Kenya); and the International Federation of Women Lawyers-Nigeria (FIDA).
healthcare for millions of Nigerians, launched a public petition campaign on
access to healthcare for poor women and children in Nigeria, a campaign that
has received extensive media coverage and significant public support. The public
petition campaign aims to put pressure on the Nigerian government to initiate
and submit an executive bill on universal access to healthcare for poor women
and children in Nigeria to the National Assembly. The public petition campaign
has received significant support, including from Amnesty International
(Netherlands); Messrs Femi Falana SAN; Olisa Agbakoba SAN and former President,
Nigerian Bar Association (NBA); International Commission of Jurists
(ICJ-Kenya); and the International Federation of Women Lawyers-Nigeria (FIDA).
In 2004,
SERAP petitioned Code of Conduct Bureau demanding strict enforcement of
Constitutional and Statutory provisions prohibiting public officials
from maintaining
or operating foreign bank accounts. SERAP asked the Bureau to publish the names of officials
holding foreign accounts, and the Bureau has revealed some names of governors
maintaining and operating such accounts. The petition received extensive media
coverage, including being used as a front-page story in The Punch
newspaper. There were also some editorials on the matter.
SERAP petitioned Code of Conduct Bureau demanding strict enforcement of
Constitutional and Statutory provisions prohibiting public officials
from maintaining
or operating foreign bank accounts. SERAP asked the Bureau to publish the names of officials
holding foreign accounts, and the Bureau has revealed some names of governors
maintaining and operating such accounts. The petition received extensive media
coverage, including being used as a front-page story in The Punch
newspaper. There were also some editorials on the matter.
SERAP has played (and continues
to play) a key role in advancing the efforts to combat impunity for corruption
through its extensive media work and advocacy. SERAP has made a case for
investigation and prosecution of allegations of corruption especially at the
highest level. Our research and advocacy, and our leadership role among NGOs,
is widely credited as having been vital to the progress made in this respect
thus far.
to play) a key role in advancing the efforts to combat impunity for corruption
through its extensive media work and advocacy. SERAP has made a case for
investigation and prosecution of allegations of corruption especially at the
highest level. Our research and advocacy, and our leadership role among NGOs,
is widely credited as having been vital to the progress made in this respect
thus far.
In 2009, SERAP asked the Nigerian
government to “swiftly and publicly commit to the ratification by his
government of the new UN Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights.”
government to “swiftly and publicly commit to the ratification by his
government of the new UN Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights.”
The Protocol, adopted by the UN General
Assembly without a vote on 10 December 2008 was opened for signatures on 24
September 2009. The Protocol would enable victims of violations of rights
covered by the Covenant to file complaints to the Committee on Economic, Social
and Cultural Rights, a body charged with overseeing the implementation of the
Covenant.
Assembly without a vote on 10 December 2008 was opened for signatures on 24
September 2009. The Protocol would enable victims of violations of rights
covered by the Covenant to file complaints to the Committee on Economic, Social
and Cultural Rights, a body charged with overseeing the implementation of the
Covenant.
In
an open letter to the government dated 21 September 2009 SERAP stated that “The
adoption of the Protocol reinforces the universality, indivisibility,
interdependence and interrelatedness of all human rights and would contribute
to the achievement of the Universal Declaration of Human Rights’ promise of
respect for all human rights.”
an open letter to the government dated 21 September 2009 SERAP stated that “The
adoption of the Protocol reinforces the universality, indivisibility,
interdependence and interrelatedness of all human rights and would contribute
to the achievement of the Universal Declaration of Human Rights’ promise of
respect for all human rights.”
In 2012, SERAP through its Volunteer
Counsel, Alexander Sierck, who is Adjunct Professor at the Georgetown
University Law Center, (where he teaches a course on international white collar
crime) has urged the United States to establish a process for sharing
compensation of proceeds from foreign bribes.
Counsel, Alexander Sierck, who is Adjunct Professor at the Georgetown
University Law Center, (where he teaches a course on international white collar
crime) has urged the United States to establish a process for sharing
compensation of proceeds from foreign bribes.
The petition urged the commission “to
establish an efficient case-by-case process for the payment of some or all of
US Foreign Corrupt Practices Act (FCPA) civil penalty and disgorging proceeds
to or for the benefit of the victimised foreign government agency or the
citizens of the affected foreign country like Nigeria’’. The commission was
also urged to ask that civil society groups in the home country, or
US-non-profit organisation, should be eligible to apply for such proceeds as
well. In the alternative, it was suggested that the proceeds could be used for
public benefit projects in the affected foreign country, subject to
anti-corruption safeguards.
establish an efficient case-by-case process for the payment of some or all of
US Foreign Corrupt Practices Act (FCPA) civil penalty and disgorging proceeds
to or for the benefit of the victimised foreign government agency or the
citizens of the affected foreign country like Nigeria’’. The commission was
also urged to ask that civil society groups in the home country, or
US-non-profit organisation, should be eligible to apply for such proceeds as
well. In the alternative, it was suggested that the proceeds could be used for
public benefit projects in the affected foreign country, subject to
anti-corruption safeguards.
According to the petition, “At the
moment, the civil penalty and disgorgement proceeds that companies agree to pay
to resolve US FCPA investigations, are retained by the US government. Yet,
procurement and investment agreements corrupted by foreign bribery, invariably
lead to increased costs, not only in higher prices, but also in needlessly
expanded and ultimately inefficient projects in the victimised societies. This
has often been the case in Nigeria, where damage remedies are often elusive.’’
moment, the civil penalty and disgorgement proceeds that companies agree to pay
to resolve US FCPA investigations, are retained by the US government. Yet,
procurement and investment agreements corrupted by foreign bribery, invariably
lead to increased costs, not only in higher prices, but also in needlessly
expanded and ultimately inefficient projects in the victimised societies. This
has often been the case in Nigeria, where damage remedies are often elusive.’’
The US government has promised to look
into the petition.
into the petition.
In a letter dated 25 April 2012, and signed by Robert S. Khuzami,
Director SEC, to SERAP, the US SEC said there was no doubt that “corruption
exacts an enormous toll, both human and economic, across the world. Moreover,
as the US Congress recognised when the FCPA was first enacted, corporate
bribery is bad for business as it is fundamentally destructive of our free
market system.”
Director SEC, to SERAP, the US SEC said there was no doubt that “corruption
exacts an enormous toll, both human and economic, across the world. Moreover,
as the US Congress recognised when the FCPA was first enacted, corporate
bribery is bad for business as it is fundamentally destructive of our free
market system.”
The SEC also said that, “The question of identifying parties who
suffer cognisable harm in connection with the securities law violations at
issue in a given enforcement matter is driven by the facts and circumstances of
that particular case. We appreciate your thoughtful submission, and will give
appropriate consideration to your suggestions, guided by the Commission’s
multi-prolonged mission, as well as the legal framework surrounding the federal
securities laws.”
suffer cognisable harm in connection with the securities law violations at
issue in a given enforcement matter is driven by the facts and circumstances of
that particular case. We appreciate your thoughtful submission, and will give
appropriate consideration to your suggestions, guided by the Commission’s
multi-prolonged mission, as well as the legal framework surrounding the federal
securities laws.”
In 2012, the United States Securities and Exchange Commission (SEC)
requested a meeting with SERAP “to discuss the implementation of our proposal
to establish an efficient case-by-case process for the payment of some or all
of US Foreign Corrupt Practices Act (FCPA) disgorgement proceeds for the
benefit of the victimized foreign government agency or the citizens of the
affected foreign country like Nigeria.”
requested a meeting with SERAP “to discuss the implementation of our proposal
to establish an efficient case-by-case process for the payment of some or all
of US Foreign Corrupt Practices Act (FCPA) disgorgement proceeds for the
benefit of the victimized foreign government agency or the citizens of the
affected foreign country like Nigeria.”
Following the meeting, SERAP’s representative Professor Sierck was
invited to the World Bank’s Stolen Asset Recovery (StAR) Initiative meeting,
which he attended on April 5 and made contribution to discussion on how to
enhance victims’ rights in anti-corruption investigations including
restitution; and shared with the meeting SERAP’s proposal to SEC.
invited to the World Bank’s Stolen Asset Recovery (StAR) Initiative meeting,
which he attended on April 5 and made contribution to discussion on how to
enhance victims’ rights in anti-corruption investigations including
restitution; and shared with the meeting SERAP’s proposal to SEC.
We
have helped to advance transparency,
accountability and respect for economic and social rights through other means
such as media advocacy, public impact and strategic litigation, capacity
building, institutional building, and education and awareness.
have helped to advance transparency,
accountability and respect for economic and social rights through other means
such as media advocacy, public impact and strategic litigation, capacity
building, institutional building, and education and awareness.
With the support of the Royal
Netherlands Embassy in Abuja, SERAP successfully carried out anti-corruption
and ethics training and sensitisation seminars for 200 magistrates and support
staff in Lagos State. SERAP has also researched, drafted and produced a
14-point programme for promoting ethics and integrity at magistrates’ courts
level. This publication has been widely distributed among magistrates and
support staff in Lagos State, and among the general public.
Netherlands Embassy in Abuja, SERAP successfully carried out anti-corruption
and ethics training and sensitisation seminars for 200 magistrates and support
staff in Lagos State. SERAP has also researched, drafted and produced a
14-point programme for promoting ethics and integrity at magistrates’ courts
level. This publication has been widely distributed among magistrates and
support staff in Lagos State, and among the general public.
Another element of
our magistrate court anti-corruption project is media roundtable where lawyers,
judges, parliamentarians, civil society leaders and other stakeholders discuss
problem of corruption in the justice delivery system and propose strategies for
addressing the problem.
our magistrate court anti-corruption project is media roundtable where lawyers,
judges, parliamentarians, civil society leaders and other stakeholders discuss
problem of corruption in the justice delivery system and propose strategies for
addressing the problem.
Also, at our media roundtable on corruption and
public service delivery: the real victims organized in 2009 in collaboration
with the National Endowment for Democracy, (NED) USA, the Guest
Speaker General R. O. Ishola Williams (Retired), Chairman, Transparency
International in Nigeria delivered a paper on the theme of the roundtable.
public service delivery: the real victims organized in 2009 in collaboration
with the National Endowment for Democracy, (NED) USA, the Guest
Speaker General R. O. Ishola Williams (Retired), Chairman, Transparency
International in Nigeria delivered a paper on the theme of the roundtable.
The roundtable brought together a group of
leading human rights activists and lawyers, anti-corruption activists,
academia, media practitioners and journalists, diplomats, government officials,
inter-governmental organisations and the private sector with experience in the
fields.
leading human rights activists and lawyers, anti-corruption activists,
academia, media practitioners and journalists, diplomats, government officials,
inter-governmental organisations and the private sector with experience in the
fields.
Through our public impact and strategic litigation
efforts we regularly bring cases before Nigerian courts, ECOWAS Court, African
Commission on Human and Peoples’ Rights and the African Court on Human and
Peoples’ Rights which raise issues of fundamental importance in human rights
and anticorruption laws and standards, and potentially can help to influence
positive legal reforms, policy development jurisprudence or shape public
opinion.
efforts we regularly bring cases before Nigerian courts, ECOWAS Court, African
Commission on Human and Peoples’ Rights and the African Court on Human and
Peoples’ Rights which raise issues of fundamental importance in human rights
and anticorruption laws and standards, and potentially can help to influence
positive legal reforms, policy development jurisprudence or shape public
opinion.
Our litigation work benefits hugely from the
increasing list of our volunteers—lawyers and non-lawyers alike—and through
litigation partnership including with international NGOs such as INTERIGHTS,
International Commission of Jurists, Amnesty International and the
UNCAC Coalition.
increasing list of our volunteers—lawyers and non-lawyers alike—and through
litigation partnership including with international NGOs such as INTERIGHTS,
International Commission of Jurists, Amnesty International and the
UNCAC Coalition.
Over the years, public
impact and strategic litigation have become a major part of our work. Our public interest litigation work is based on the
need to use law to support larger human rights struggles, and as an important
tool of social change.
impact and strategic litigation have become a major part of our work. Our public interest litigation work is based on the
need to use law to support larger human rights struggles, and as an important
tool of social change.
Through research and consultations
with our team of volunteers and staff counsel and other stakeholders we
identify and pursue cases on critical human rights anti-corruption issues which
if successful are likely to have a high impact nationally and regionally.
with our team of volunteers and staff counsel and other stakeholders we
identify and pursue cases on critical human rights anti-corruption issues which
if successful are likely to have a high impact nationally and regionally.
While SERAP aims to secure a legal victory whenever
litigation is undertaken, the organisation is also highly aware of the role of
the litigation process beyond the orders made in court judgments.
litigation is undertaken, the organisation is also highly aware of the role of
the litigation process beyond the orders made in court judgments.
Apart from affording
victims an effective remedy and redress, successful litigation can establish
important legal precedents or effect changes in legislation, policy or
practice. It can also positively influence public opinion. Any decision to litigate is based on defined case
selection criteria, our own resources and expertise. Sometimes, outside experts
are consulted to determine the potential for success of any particular case or
research comparative jurisprudence on similar issues.
victims an effective remedy and redress, successful litigation can establish
important legal precedents or effect changes in legislation, policy or
practice. It can also positively influence public opinion. Any decision to litigate is based on defined case
selection criteria, our own resources and expertise. Sometimes, outside experts
are consulted to determine the potential for success of any particular case or
research comparative jurisprudence on similar issues.
SERAP also engages in public education
and awareness about anti-corruption standards and institutions at the local
government and community levels. We have published several educational books
and materials.
and awareness about anti-corruption standards and institutions at the local
government and community levels. We have published several educational books
and materials.
Do you cooperate with
local authorities and institutions? If yes, how?
local authorities and institutions? If yes, how?
Yes,
we cooperate with local authorities and institutions. We work very closely with many
partners–government and non-governmental organizations, notably the Economic
and Financial Crime Commission (EFCC), the Independent Corrupt Practices and
Other Offences Commission (ICPC), and International Commission of Jurists
(ICJ). For example:
we cooperate with local authorities and institutions. We work very closely with many
partners–government and non-governmental organizations, notably the Economic
and Financial Crime Commission (EFCC), the Independent Corrupt Practices and
Other Offences Commission (ICPC), and International Commission of Jurists
(ICJ). For example:
For example,
In response to SERAP’s petition in 2007 the Independent Corrupt
Practices and Other Related Offences Commission (ICPC) launched an
investigation into allegation that the N38 billion recovered from the funds
looted by the late head of state, Gen. Sani Abacha was missing. In its
petition, SERAP stated that “N38 billion of the N65 billion ($500 million)
recovered public funds stashed away in Swiss banks by the late Abacha could not
be traced or might have been misused.
In response to SERAP’s petition in 2007 the Independent Corrupt
Practices and Other Related Offences Commission (ICPC) launched an
investigation into allegation that the N38 billion recovered from the funds
looted by the late head of state, Gen. Sani Abacha was missing. In its
petition, SERAP stated that “N38 billion of the N65 billion ($500 million)
recovered public funds stashed away in Swiss banks by the late Abacha could not
be traced or might have been misused.
Following SERAP’s petition in 2008, the
former Chairman of the Independent Corrupt Practices and Other Related Offences
Commission (ICPC), Justice Emmanuel Ayoola, decided to set up a panel, to
investigate the purchase of vehicles at N2.3 billion by the House of Representatives.
In a petition dated October 28, 2008, and sent to the ICPC Chairman, the
organisation had asked the commission to “urgently begin a thorough and
efficient investigation into allegations of corruption in the N2.3 billion
vehicles purchased by the leadership of the House of Representatives, and to
bring to justice suspected perpetrators and recover the stolen public
funds.” In response, the ICPC through its Resident Consultant on Media and
Events, Folu Olamiti, stated that the anti-corruption agency has decided to
investigate the matter based on the strength of SERAP’s petition.
former Chairman of the Independent Corrupt Practices and Other Related Offences
Commission (ICPC), Justice Emmanuel Ayoola, decided to set up a panel, to
investigate the purchase of vehicles at N2.3 billion by the House of Representatives.
In a petition dated October 28, 2008, and sent to the ICPC Chairman, the
organisation had asked the commission to “urgently begin a thorough and
efficient investigation into allegations of corruption in the N2.3 billion
vehicles purchased by the leadership of the House of Representatives, and to
bring to justice suspected perpetrators and recover the stolen public
funds.” In response, the ICPC through its Resident Consultant on Media and
Events, Folu Olamiti, stated that the anti-corruption agency has decided to
investigate the matter based on the strength of SERAP’s petition.
In 2007, SERAP with the support of the
National Endowment for Democracy (NED) USA commissioned a consultant, Professor
Edward Oyewo former dean of the Faculty of Law University of Lagos to draft a
bill to domesticate the UN Convention against Corruption, which has now been
presented to the National Assembly. SERAP had organized a parliamentary
dialogue on the issue and commissioned Professor Akin Oyebode of the Faculty of
Law University of Lagos to present a paper on strategies for the domestication
of the Convention in Nigeria.
National Endowment for Democracy (NED) USA commissioned a consultant, Professor
Edward Oyewo former dean of the Faculty of Law University of Lagos to draft a
bill to domesticate the UN Convention against Corruption, which has now been
presented to the National Assembly. SERAP had organized a parliamentary
dialogue on the issue and commissioned Professor Akin Oyebode of the Faculty of
Law University of Lagos to present a paper on strategies for the domestication
of the Convention in Nigeria.
In 2008, SERAP issued an open letter to
the members of the National Assembly urging them to support domestication of
the UN Convention against Corruption. The letter was widely covered in the
media. In the letter, SERAP stated among others, that “the criminal
code provisions relating to corruption are mostly outdated and very limited,
and Nigerian anti-corruption laws do not sufficiently articulate provisions
relating to recovery of Nigerian stolen money. Domesticating the UN Convention
against Corruption and making it part of our national laws would help to
address these problems and to improve the current anti-corruption laws.”
the members of the National Assembly urging them to support domestication of
the UN Convention against Corruption. The letter was widely covered in the
media. In the letter, SERAP stated among others, that “the criminal
code provisions relating to corruption are mostly outdated and very limited,
and Nigerian anti-corruption laws do not sufficiently articulate provisions
relating to recovery of Nigerian stolen money. Domesticating the UN Convention
against Corruption and making it part of our national laws would help to
address these problems and to improve the current anti-corruption laws.”
In
2007 before the ECOWAS Court of Justice in Abuja, SERAP argued that massive
corruption in the Universal Basic Education Commission (UBEC) amounted to a
denial of the right to a free, quality and compulsory education for Nigerian
children. In a landmark judgment delivered in November 2010, the ECOWAS Court
in suit no: ECW/CCJ/APP/12/7 upheld SERAP’s submission and declared that the
Nigerian government has a legal responsibility to provide as of right, free,
quality and compulsory basic education to every Nigerian child.
2007 before the ECOWAS Court of Justice in Abuja, SERAP argued that massive
corruption in the Universal Basic Education Commission (UBEC) amounted to a
denial of the right to a free, quality and compulsory education for Nigerian
children. In a landmark judgment delivered in November 2010, the ECOWAS Court
in suit no: ECW/CCJ/APP/12/7 upheld SERAP’s submission and declared that the
Nigerian government has a legal responsibility to provide as of right, free,
quality and compulsory basic education to every Nigerian child.
The
case followed information SERAP received from whistleblowers on the allegations
of corruption in the UBEC. After that, SERAP staff and consultants successfully
investigated and obtained critical information on massive corruption in the UBE
boards including in Benue, Borno, Kebbi, Nasarawa, Sokoto, Yobe, Plateau, Cross
River, and Bayelsa. Following the visits made and information gathered, SERAP
then petitioned the Independent Corrupt Practices and Other Related Offences
Commission (ICPC). The ICPC conducted further investigations on the basis of
SERAP’s petition and produced a report. This initiative led to the recovery by
the ICPC of over N3 billion (meant for the education of disadvantaged and
disabled children) misappropriated by top officials of the UBEC.
case followed information SERAP received from whistleblowers on the allegations
of corruption in the UBEC. After that, SERAP staff and consultants successfully
investigated and obtained critical information on massive corruption in the UBE
boards including in Benue, Borno, Kebbi, Nasarawa, Sokoto, Yobe, Plateau, Cross
River, and Bayelsa. Following the visits made and information gathered, SERAP
then petitioned the Independent Corrupt Practices and Other Related Offences
Commission (ICPC). The ICPC conducted further investigations on the basis of
SERAP’s petition and produced a report. This initiative led to the recovery by
the ICPC of over N3 billion (meant for the education of disadvantaged and
disabled children) misappropriated by top officials of the UBEC.
The
case has been widely covered in the media. The respectable ThisDay newspaper in
its editorial of 16 March 2008 said “We
must thank the Socio-Economic Rights and Accountability Project (S.E.R.A.P), a
non-governmental organisation for initiating the petition that led to the ICPC
investigation in the first place. This is the kind of national duty expected of
our Rights Groups. It is a great service to the nation requiring a presidential
recognition.”
case has been widely covered in the media. The respectable ThisDay newspaper in
its editorial of 16 March 2008 said “We
must thank the Socio-Economic Rights and Accountability Project (S.E.R.A.P), a
non-governmental organisation for initiating the petition that led to the ICPC
investigation in the first place. This is the kind of national duty expected of
our Rights Groups. It is a great service to the nation requiring a presidential
recognition.”
And
the Sun newspaper in its editorial of March 20 2008 said “We also commend the pro-active Socio-Economic Rights and Accountability
Project (SERAP) which petitioned the ICPC in the first instance for their
patriotic act.” SERAP continues to monitor the spending by the UBEC and to
advocate for transparency and accountability in the education sector.
the Sun newspaper in its editorial of March 20 2008 said “We also commend the pro-active Socio-Economic Rights and Accountability
Project (SERAP) which petitioned the ICPC in the first instance for their
patriotic act.” SERAP continues to monitor the spending by the UBEC and to
advocate for transparency and accountability in the education sector.
Overall:
In the past years, SERAP
has developed into a serious public interest organization in the areas of
anti-corruption and economic and social rights. Our greatest strength is the
use of Nigeria’s international human rights and anti-corruption obligations and
commitments to interpret national laws, and to hold the government accountable.
has developed into a serious public interest organization in the areas of
anti-corruption and economic and social rights. Our greatest strength is the
use of Nigeria’s international human rights and anti-corruption obligations and
commitments to interpret national laws, and to hold the government accountable.
SERAP has experienced and
committed team, and an ever increasing pool of volunteers and partners,
experienced board, and distinguished national and international advisory
boards. The expertise and experience available to the organization has made us
well placed to advance our mission and contribute meaningfully to the efforts
to address transparency and accountability and socio-economic challenges
confronting Nigeria today.
committed team, and an ever increasing pool of volunteers and partners,
experienced board, and distinguished national and international advisory
boards. The expertise and experience available to the organization has made us
well placed to advance our mission and contribute meaningfully to the efforts
to address transparency and accountability and socio-economic challenges
confronting Nigeria today.
Since 2004 we have developed our internal
governance and working methods and programmes to address new opportunities and
challenges.
governance and working methods and programmes to address new opportunities and
challenges.
The governance and socio-economic challenges that
informed the establishment of SERAP have remained and as such the
organization’s founding vision is as valid today as then. High level official
corruption remains pervasive while the number of Nigerians living in poverty
and without access to basic necessities of life continues to increase.
informed the establishment of SERAP have remained and as such the
organization’s founding vision is as valid today as then. High level official
corruption remains pervasive while the number of Nigerians living in poverty
and without access to basic necessities of life continues to increase.
While some legislation exist on economic and social
rights issues, the constitution still does not contain legally enforceable
economic and social rights. While there are interesting and progressive
pronouncements on economic and social rights from the ECOWAS Court of Justice,
Nigerian courts continue to refuse to uphold economic and social rights as
legally enforceable human rights. Impunity for violations of these human rights
has remained for many years.
rights issues, the constitution still does not contain legally enforceable
economic and social rights. While there are interesting and progressive
pronouncements on economic and social rights from the ECOWAS Court of Justice,
Nigerian courts continue to refuse to uphold economic and social rights as
legally enforceable human rights. Impunity for violations of these human rights
has remained for many years.
In the course of our work, SERAP continues to
establish new collaborations and networks while building on and strengthening
existing ones. The impact of our work is greatly enhanced by close working
relations with the media, and other partners with complementary expertise.
establish new collaborations and networks while building on and strengthening
existing ones. The impact of our work is greatly enhanced by close working
relations with the media, and other partners with complementary expertise.
