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Failed Abuja CCTV Project: SERAP Triumph As Court Orders Buhari Govt To Account For $460m Chinese Loan

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A Federal High Court in Abuja last week ordered the government of President Muhammadu Buhari to “account for the spending of $460 million Chinese loan to fund the failed Abuja Closed-Circuit Television (CCTV) project.”

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.”

Hon. Justice Emeka Nwite made the orders while delivering judgment in a Freedom of Information suit number: FHC/ABJ/CS/1447/2019 brought by Socio-Economic Rights and Accountability Project (SERAP).

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The suit followed the disclosure in 2019 by the Minister of Finance, Zainab Ahmed that “Nigeria was servicing the loan”, adding that she had ‘no explanations on the status of the project.’

She reportedly said, “We are servicing the loan. I have no information on the status of the CCTV project.”

In his judgment, Justice Nwite agreed with SERAP that “there is a reasonable cause of action against the government. Accounting for the spending of the $460 million Chinese loan is in the interest of the public. It will be inimical for the court to refuse SERAP’s application for judicial review of the government’s action.”

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READ ALSO: SERAP Sues Buhari Over Failure To ‘Reverse Unlawful Electricity Tariff Hike’

Justice Nwite also said that, “The Minister of Finance is in charge of the finance of the country and cannot by any stretch of imagination be oblivious of the amount of money paid to the contractors for the Abuja CCTV contract and the money meant for the construction of the headquarters of the Code of Conduct Bureau (CCB).”

Justice Nwite also ordered the government “to provide the details clarifying whether the sum of N1.5 billion Naira paid for the failed contract meant to construct the headquarters of the Code of Conduct Bureau (CCB) was part of another loan obtained from China.”

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Justice Nwite’s judgment, read in part: “SERAP’s core objectives are to promote human rights, transparency and accountability and anticorruption in Nigeria.”

“I am of the humble view that there is a reasonable cause of action against the government [through the Minister of Finance] and I so hold that SERAP has made out a case to be entitled to the reliefs sought.”

“The law is well settled that where a document or letter is sent by post, it is the law that same is taken or presumed to have been delivered.”

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“Following this principle of law and relying on exhibit OS2, SERAP’s Freedom of Information request sent to Ms Ahmed is deemed to have delivered. Therefore, the averment by the government [through her] that they were not served with the letter is hereby discountenance. I so hold.”

Joined as defendants in the suit are Ms Ahmed and the Minister of Police Affairs.

READ ALSO: Probe Missing 149m Barrels Of Crude Oil In 2019 Or Face Legal Action, SERAP Tells Buhari

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Justice Nwite granted the following orders of mandamus against the Nigerian government:

AN ORDER OF MANDAMUS is hereby made directing and compelling the government [through the Minister of Finance] to provide and make available to SERAP information on the total amount of money paid to contractors, with specific details of names of companies local contractors involved, from the $460 million loan obtained in 2010 from China by the Federal Government of Nigeria to fund the failed Abuja CCTV contract.

AN ORDER OF MANDAMUS is hereby made directing and compelling the government [through the Minister of Finance] to provide the details of the local companies and Chinese contractors that have received funds from the $460 million loan for the finance of the Abuja CCTV contract as well as details of the status of implementation of the project.

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AN ORDER OF MANDAMUS is hereby made directing and compelling the government [through the Minister of Finance] to provide the details clarifying whether the sum of N1.5 billion Naira mobilisation fee reportedly paid to the contractors for the construction of the Headquarters of the Code of Conduct Bureau in Abuja was part of another loan from China. This is the judgment of the court.

SERAP deputy director Kolawole Oluwadare said: “The onus is now on President Buhari to immediately comply with the court’s orders. We commend Justice Nwite for his courage and wisdom, and urge President Buhari and Abubakar Malami, Attorney-General of the Federation and Minister of Justice to immediately obey the court orders.”

“This is a victory for justice, rule of law, transparency and accountability. The judgment shows the way forward in the fight against corruption and impunity of perpetrators. We will do everything within the law to ensure full compliance by President Buhari with this ground-breaking judgment on Chinese loans.”

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READ ALSO: Missing N4b: SERAP Drags Lawan, Gbajabiamila To Court Over Failure To Institute Probe

We call on President Buhari to use the judgment as the basis for publishing details of spending of all Chinese loans and other loans obtained by his government since May 2015.”

Nigeria’s total borrowing from China climbed from $1.39 billion to $4.29 billion between June 2015 and December 2022, according to data from Debt Management Office (DMO).

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Nigeria’s 2023-2025 Medium Term Expenditure Framework (MTEF) and Fiscal Strategy Paper (FSP) revealed earlier in the year that the federal government will spend N6.31 trillion on debt servicing in 2023, which amounts to about 74.6% of the government’s projected revenue of 8.46 trillion for the year.

Nigeria risks losing key national assets to China in the event that it defaults in paying back loans obtained from China.

According to a report, Nigeria may have defaulted on Chinese loan repayment and stands the risk of paying a penalty amounting to N41.31 billion. The report quoted the Debt Management Office (DMO), which said Nigeria has failed to fully service its debt to China, which has accumulated to N110.31 billion in the last two years.

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It would be recalled that SERAP had in December 2019 filed a lawsuit against Ms Ahmed over failure to “disclose information and specific documents on the total amount of money paid to contractors from the $460 million loan obtained in 2010 from China to fund the apparently failed Abuja CCTV project.”

READ ALSO: 133m Poor Nigerians: Buhari Dragged To Court Over Failure To Probe Spending On ‘Social Intervention Programmes’

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The suit number, read in part: “Servicing Chinese loans for failed projects is double jeopardy for Nigerians—they can neither see nor benefit from the projects; yet, they are made to pay both the loans and the accrued interests.”

“The $460 million loan got for the failed Abuja CCTV project and the N1.5 billion for the construction of CCB headquarters, which may be part of another Chinese loan, may have been mismanaged or stolen, and in any case, remain unaccounted for.”

“Transparency in the spending of Chinese loans is good for everyone, as this would help to increase the effectiveness, legitimacy, and contribution of the loans to the development of public goods and services, and the general public interests.”

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“The information being requested does not come within the purview of the types of information exempted from disclosure under the Act. The Respondent has no legally justifiable reason for refusing to provide SERAP with the information requested.”

“Democracy cannot flourish if governments operate in secrecy. The citizens are entitled to know how the commonwealth is being utilized, managed and administered in a democratic setting.”
VANGUARD

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MOWAA Authorities Shun Edo Assembly Committee, Give Reason

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Authorities of the Museum of West African Art (MOWAA) on Monday refused to appear before the Edo State House of Assembly Ad hoc Committee which was set up to investigate its operations and funding.

Recall that Governor Monday Okpebholo, had last month, asked the Assembly to determine the stake of the state government having committed N3.3bn and true ownership of MOWAA.

At the resumed sitting of the Committee on Monday, MOWAA, in a letter by its lawyer, Olayiwola Afolabi, said it earlier informed the Committee that it would be sub judice for it to attend the public hearing due to the pendency of the same matter before the Federal High Court, Benin City.

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In the letter, MOWAA informed the Committee that other committees of the Federal Government and the House of Representatives have been constituted to look into the same issues.

READ ALSO:Why Niger Delta Suffers Most — Jonathan

The letter said documents it previously submitted to the Assembly showed that everything about MOWAA was genuine and transparent.

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MOWAA, in the documents it submitted, said, “No funds from any international institution had been received for the building of MOWAA until after it was very clear what MOWAA was and was not.

“All funding was received subsequent to the time in the middle of 2021 that it was clear to potential donors that there would be two separate organisations one focused on Benin heritage art and another on modern and contemporary, broader West African art and research/education.

“Funding from the German Government did not come until the end of 2022 – a year and a half after the Palace disassociated itself from MOWAA. The fact that there would be two separate museums was communicated to the Benin Dialogue Group (the European museums) in the meetings of October, 2021 at the London meeting and again in Hamburg in the meetings of March 2023, and further confirmed in writing to all Benin Dialogue Group members approximately two years ago when MOWAA formally withdrew from the group meetings.”

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READ ALSO:Police Evacuate Expertriates As Thugs Invade MOWAA In Benin

Speaking before the Committee, the state Accountant General, Julius Oseimen Anelu, said N3.8bn was released for the building of MOWAA between 2022 and 2024.

He said funding for MOWAA by the Edo State Government was appropriated in the budget.

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He said the $18m from donors did not enter the state’s coffers.

On his part, the Benin Monarch, Oba Ewuare II, who was represented by Prince Aghatise Erediauwa, accused former Governor Godwin Obaseki of making efforts to hijack the processes of the returned artefacts.

READ ALSO:Okpebholo Revokes MOWAA Land Title

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He accused former Minister of Information and Culture, Alhaji Lai Mohammed and a former Director General of National Commission for Museums and Monuments (NCMM) Albert Tijani, of fighting the Palace to defend the actions of the Legacy Restoration Trust (LRT).

Oba Ewuare II said the LRT was used to solicit funds abroad using his name.

The Benin Monarch said the Federal Government gazette, which recognised him as the custodian of the returned artefacts, made the LRT promoters realise that they were fighting a lost battle.

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Chairman of the Ad hoc Committee, Hon Ade Isibor, expressed shock at the action of MOWAA.

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Hon. Isibor said the suit cited by MOWAA would not stop the Committee’s investigation, saying the Assembly and the Edo State Government were not involved in any litigation involving MOWAA.

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According to him, “The powers of parliament to look into funds disbursed by the Executive is sacrosanct and cannot be taken away by any court.

“We are shocked that MOWAA did not attend sitting or come to give a verbal presentation. The Committee adopted the documentary evidence forwarded to us without by MOWAA.”

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He Can’t Fix His Party Let Alone Nigeria – Oshiomhole Blasts Atiku

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The lawmaker representing Edo North Senatorial District, Adams Oshiomhole, has criticised former Vice President Atiku Abubakar.

Speaking in an interview on Politics Today, a programme on Channels Television monitored by DAILY POST on Monday, Oshiomhole alleged that Atiku, who cannot fix his party, cannot fix Nigeria’s problems.

His comment comes after Atiku officially joined the African Democratic Congress, ADC.

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Atiku formally joined the ADC, the coalition-backed party, on Monday ahead of the 2027 general elections.

Reacting, Oshiomhole said, “If Atiku as a former vice president under PDP could not fix PDP, he could not reconstruct it, he could not provide leadership and use his influence which he had built, how can you lay claim to fix Nigeria.

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“Former President Olusegun Obasanjo gave Atiku a lot of leverage, so much power, yet he couldn’t use it to fix the PDP,” Oshiomhole said.

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Gov Mohammed Flags Off Construction Of 203.47-kilometre Rural Roads

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Governor Bala Mohammed of Bauchi State has flagged off the construction of 203.47-kilometre rural roads in the state.

Speaking during the flagging off of the roads in Gamawa Local Government Area of the state on Monday, Mohammed said the road construction would be carried out with the Federal Government intervention under its Rural Access and Agricultural Marketing Programme (RAAMP).

According to him, the roads represented more than physical infrastructure but symbolises his administration’s vision of Bauchi state where no community was left behind, where development was fair and balanced and driven by the needs of the people with equity and justice.

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We are grateful to the federal government, we are grateful to the World Bank and all the development partners.

READ ALSO:Bauchi Govt Procures 13 Tuberculosis X-ray Machines Worth $1.9m

“Roads are the architect of opportunities. They connect farmers to markets, women to healthcare, children to schools, security agencies to vulnerable communities and rural economy to national prosperity.

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“For decades, many rural communities in Bauchi have suffered neglect. Roads became impassable during rainy seasons, farmers lost produce, students struggled to reach schools and sick people were unable to get timely medical attention,” he said.

Mohammed, who said that the days of neglect of the rural communities were over, added that RAAMP remained a key pillar for his transformative agenda and aligned with his Bauchi project 1&2.

He said RAAMP also aligned with the Bauchi Agricultural modernisation, inclusive development, improved governance, youth empowerment, poverty reduction and sustainable infrastructure.

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READ ALSO:Bauchi Board Laments Low Teacher Turnouts In Training Exercise

According to him, RAAMP was not just about roads, it’s about connecting communities, boosting the rural economy and laying the foundation of lasting prosperity.

He highlighted the roads to include 26.8 kilometers Mararaba Liman Katagum-Boli-Kafinmawa-Mararaba Dajin roads, 14.75km Dargazu- Gambaki-Chinade-Gangai road, 28km Gamawa – Sakwa road.

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Others included; 14.45km Misau- Beti- Maladunba roads, 6.6km Giade – Tagwaye road, 6.68km Yana-Fago road, 6.71km Mararraban Dajin- Dajin road, 36.65km Dott-Dado- Baraza road, 24km Lanzai-Papa road.

He further explained that the road construction also included 4.91km Gadar Maiwa- Zakara road, 25km Dagu-Ningi road, 8.86km Nabordo – Gadan Doka.

READ ALSO:Bauchi Begins Production Of Exercise Books, Chalks For Schools

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The governor called on traditional rulers to support contractors and remained vigilant and provide intelligence on security and safety.

Also speaking, Engr. Aminu Mohammed, the National Coordinator (RAAMP)
Coordinator said that the state has disbursed over N6 billion in counterpart funding to RAAMP, making it one of the top performing states.

These roads will open critical agricultural corridors, reduce travel time and post harvest losses, improve access to markets, schools and healthcare.

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“It will also enhance rural productivity and inclusion, stimulate economic activities across all the three senatorial zones in the state,” he said.

He called on the contractors to deliver the project with the highest standard of engineering professionalism and compliance with environmental and social safeguard.

The Coordinator also called on the communities to take ownership of the roads and take care of and protect them.

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