Nigeria: SERAP Sues Federal Govt Over Spending of Ecological Funds

5 December 2022

Socio-Economic Rights and Accountability Project (SERAP) has urged a Federal High Court in Lagos to compel President Muhammadu Buhari to investigate the spending of Ecological Fund by governments at the federal, state and local government levels from 2001 to date.

SERAP also prayed the court to order the president to ensure that suspected perpetrators of corruption and mismanagement of trillions of ecological funds are promptly brought to justice, and any missing public funds fully recovered."

Other respondents in the suit, which is yet to be assigned to a judge, are the attorney-general of the federation and minister of justice, Abubakar Malami (SAN) and the secretary to the government of the federation (SGF), Boss Mustapha.

The plaintiff argued in an affidavit attached to the suit that the federal government has the legal obligations to address the calamitous consequences of flooding for the human rights of millions of people, and to prevent and address the consequences that climate change may reap on human rights.

SERAP averred that the failure to probe the alleged missing trillions, prosecute suspected perpetrators and recover any missing public funds is a fundamental breach of constitutional and international legal obligations.

It also insisted that impunity for corruption in the management of Ecological Fund will continue as long as high-ranking public officials go largely unpunished for their alleged crimes."

The plaintiff also claimed that it is in the public interest to direct and compel President Buhari to probe these allegations so that evidence can be taken before the court and the truth about the spending of ecological funds revealed, and justice served.

SERAP argued that the federal government violated the obligations to protect and uphold the human rights of those affected, and to provide them with access to justice and effective remedies.

It also stated that according to the audit of the Ecological Fund Office carried out by the Nigeria Extractive Industries Transparency Initiative, (NEITI), the total amount received by the fund from December 2011 to November 2016 alone was N277 billion.

The plaintiff also maintained that the operations of the Fund from 2012 to 2016 reportedly showed that some of the disbursements were not utilised for the purpose for which it was established and that during these periods, N74,170,932,645.20 was released to state governments to solve ecological problems in their States.

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