Nigeria: Alleged Budget Padding - Court to Hear Retired Civil Servant's Suit Against Ministry, Budget Office

31 October 2022

A retired staff member of the Budget Office of the Federation, Bilkisu Sannusi, accused the Director-General of the Budget Office, Ben Akabueze of abuse of power.

The National Industrial Court of Nigeria, on Monday, slated 7 December for a definite hearing in a case lodged against the Federal Ministry of Finance, Budget and National Planning over allegations of corrupt practices in the budget office.

A retired staff member of the Budget Office of the Federation, Bilkisu Sannusi accused the Director-General of the Budget Office, Ben Akabueze, of abuse of power.

Ms Sannusi alleged that Mr Akabueze unilaterally withheld her salaries and other entitlements for daring to expose corrupt practices that were being committed in Nigeria's budget office.

Listed as defendants in the suit marked NICN/ABJ/ 96/2022, are: the Head of Service of the Federation, Director General, Budget Office of the Federation, the Federal Ministry of Finance, Budget and National, the Attorney General of the Federation and Accountant General of the Federation.

At Monday's proceedings, the Director of Legal department in the Budget Office, M. D Agada, who represented the Ministry of Finance and the Budget Office, informed the judge, Oyebiola Oyewumi, that they had filed a memorandum of appearance and their responses to the originating summons of the claimant (Mrs Sannusi).

Similarly, the lawyer representing the AGF, Aliyu Abdulkadir, said a memorandum of appearance had been filed by his client.

However, the trial judge, Mrs Oyewumi, observed that the AGF's memorandum of appearance was without a stamp as required.

The judge ordered parties to file all necessary papers before 7 December and adjourned the suit for a definite hearing.

Background

Mrs Sannusi in her statement of facts alleged that she discovered corrupt practices by some officials in the office of the Director-General, Budget Office of the Federation.

She said the alleged fraud had to do with the manipulation of budget proposals by Ministries, Departments and Agencies (MDA), which she reported to the Director General, Mr Akabueze.

The claimant who is now retired from the budget office further accused Mr Akabueze of being complicit in the heist.

In her court filings, Mrs Sannusi alleged that due to her refusal to compromise on the padding of the budget, Mr Akabueze in cahoots with officials of the Finance Ministry and the Head of Service of the Federation removed her name from payment vouchers.

To further make life difficult for her, Mrs Sannusi said Mr Akabueze allegedly caused her "Secret and Open Files" domiciled with the Budget Office of the Federation registry to be removed and kept in an unknown place to frustrate her from processing her retirement benefits.

Not done yet, Mr Akabueze allegedly instructed Emeka Obodo, one of his "allies in the finance department (of the budget office) to withhold and deny the claimants her due financial and material benefits."

Mrs Sannusi also said Mr Akabueze "without any justification caused the secret and open files of the claimant domiciled with the budget office registry to be removed and kept in an unknown place."

One Mohammed Taura was also accused of removing the files on the instruction of Mr Akabueze, upon being confronted with the vanishing of Mrs Sannusi's personal records.

This, the claimant, said made it impossible for her to process her retirement benefits.

Prayers

Describing Mr Akabueze's conduct as " reckless and abuse of public office," Mr Sannusi asked the court for exemplary damages to deter other public office holders from towing Mr Akabueze's line.

She sought a declaration that "the withholding of the claimant's secret and open files and fringe benefits, bonuses... other benefits by the 2nd defendant (Mr Akabueze) is illegal, unlawful and a gross abuse of governmental powers."

Mrs Sannusi further urged the court to declare that the Head of Service of the Federation "lacks the power to impose punishment of suspension of salary" on her except as stipulated by extant rules and regulations.

She prayed for an order "compelling the defendants to pay the sum of N50 million as exemplary damages" in her favour against the defendants having acted in "bad faith."

The claimant also begged the court to award "general damages in the sum of N59 million" against the defendants "for inconveniences suffered by her and caused by the defendants."

Mrs Sanusi appealed to the court to compel the Head of Service of the Federation to "forthwith release" her "secret and open files to enable her proceed with the processing of her retirement."

The claimant who was due for retirement on Grade Level 14 (Chief Executive Officer) on 1 April, 2022, could not process her retirement benefits due to "personal vendetta by Mr Akabueze" for her being "upright and incorruptible while in service," court papers say.

Budget Office denies budget padding allegation

The Ministry of Finance and the Budget Office have denied the allegation of budget padding levelled against them in their joint statement of defence.

They denied padding the Kaduna Polytechnic budget which is at the heart of the dispute.

Mrs Sannusi was accused of refusing a posting out of the Budget Office, blaming her refusal for the stoppage of her emoluments.

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