Buhari
President
Muhammadu Buhari has been sued over “failure to direct the Attorney
General of the Federation and Minister of Justice Abubakar Malami,
SAN, and/or appropriate anti-corruption agencies to investigate
allegations of bribery against Governor Abdullahi Ganduje of Kano
State, as contained in the widely circulated video clips allegedly
showing Mr Ganduje receiving bribe.”
Socio-Economic
Rights and Accountability Project , SERAP, had in November asked the
president to direct the investigation of Ganduje, stating that, “if
there is relevant and sufficient admissible evidence, for him to face
prosecution at the expiration of his tenure as governor.” The
organization also sought protection for the journalist Jaafar Jaafar,
who reportedly published the video clips.
However,
SERAP said since the receipt of its letter and to date, President
Buhari has failed to grant its requests. Also, a Kano State high
court last week stopped the Kano State House of Assembly from
investigating the $5 million bribery allegation against Mr Ganduje.
Consequently,
in the suit number FHC/L/CS/2055/18 filed last Friday at
the Federal High Court, Ikoyi, Lagos, SERAP is seeking “an order
for leave to apply for judicial review and an order of mandamus
directing and/or compelling Mr Buhari to immediately direct the
investigation of allegations of bribery against Mr Ganduje.”
SERAP
said: “The Applicant’s requests are not onerous but simply based
on issues of public interest, good governance, transparency and
accountability. It is in the interest of justice to grant this
application, as the Respondent has nothing
to lose if the application is granted.”
The
suit is also seeking an order to compel Mr Buhari to “instruct
appropriate security and law enforcement agencies to ensure the
protection and guarantee the safety and security of journalist Jaafar
Jaafar.”
The
suit filed on behalf of SERAP by its counsel, Ms. Bamisope Adeyanju
read in part: “Investigating
allegations of bribery against Mr Ganduje would be entirely
consistent with the provisions of section 15 subsection (5) of
the 1999
Constitution, which
requires the
government of the Respondent to
abolish all corrupt practices and abuse of power, regardless of the
state where such practices are taking place. The
Constitution defines
‘government’ to include federal, state and local governments.”
“Growing allegations
of corruption against many state governors have not been investigated
and several of the governors involved are getting away with their
alleged crimes. Granting the reliefs sought would assist the
Respondent to succeed in his fight against corruption and help to
combat corruption among many state governors, who continue to
allegedly mismanage their states’ resources with almost absolute
impunity.”
“The
Attorney-General of the Federation has power conferred on him by
section 174(1)(a) of the 1999 Constitution (as amended) and
anticorruption agencies have the powers to act on the allegations of
bribery against Mr Ganduje for the sake of discharging their
mandates, ensuring transparency and accountability, promoting the
common good, peace, order and good government of the federation
(which includes Kano State).”
“Under
the
provisions of section 5(1)(b) of the Constitution of
Nigeria,1999, the
Executive powers of the Federation extends to the execution and
maintanance of the Constitution which is the grundnorm and all laws
made by the National Assembly, including the provisions of the
Corrupt Practices and Other Related Offences Act, which SERAP is
requesting the Respondent to effectively implement.”
“Under
Section 61(2) of the Corrupt Practices and Other Related Offences
(ICPC) Act, a law of general application throughout the country,
public officers accused of bribery may be prosecuted by the
appropriate authority for such an offence.”
“Although
primarily a matter of concern for Kano State, the allegations of
bribery against Mr Ganduje have assumed such a proportion as to
become a matter of concern to the federation as a whole, and
therefore, to
the government of the Respondent.”
“Vigorously
seeking to enforce anticorruption legislation and the
United Nations Convention
against Corruption to which Nigeria is a state party regarding
alleged corrupt state governors, will show that the
Respondent is
concerned with the overall well-being of the federation and willing
and able to enforce important constitutional principles.”
“Given
the history of corruption in Nigeria, especially unresolved
allegations of grand corruption against many state
governors, the government of
the Respondentcannot
and should not look the other way regarding the allegations against
Mr Ganduje. Any allegations of bribery and abuse of power in any
state of Nigeria is of concern to every Nigerian, and should
therefore, be of concern to the
government of the Respondent.”
“It
is important
to reiterate that a sitting governor can
be investigated under Nigerian laws. Any criminal allegation against
a sitting governor can and should be investigated pending the time
the governor leaves office and loses immunity.”
“SERAP has
sufficient legal interest in monitoring the way and manner public
funds are being utilized in Nigeria,
hence our request for the Respondent to perform his public duty.”
“The Respondent
has failed, neglected and refused to instruct
the Attorney General of the Federation and/or anti-corruption
agencies to investigate Mr
Ganduje over the alleged bribery. Given his anticorruption
commitments, the Respondent ought to have acted on SERAP’s requests
to improve transparency and accountability among state governors.”
“As
the Supreme Court of Nigeria stated in Ugwu
v. Ararume (2007) 31
WRN 1 at 42: ‘If we want to instill sanity into our human affairs,
if we want to entrench unpolluted democracy in our body polity, the
naked truth must permeate through the blood, nerve and brain of each
and every one of us. Although credit may not always have its rightful
place in politics, we should try to blend the two so as to attain a
fair, just and egalitarian society where no one is oppressed. Let us
call a spade a spade!”
No
date has been fixed for the hearing of the suit.
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