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Floods: Group Drags Buhari To Court Over ‘Missing Ecological Funds’

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Socio-Economic Rights and Accountability Project has filed a lawsuit against President Muhammadu Buhari over “the failure to probe the spending of trillions of ecological funds by governments at all levels—federal, state and local governments from 2001 to date, and to ensure the prosecution of suspected perpetrators of corruption and mismanagement of public funds.”

Joined in the suit as Respondents are the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), and Secretary to the Government of the Federation, Boss Mustapha.

The United Nations Children’s Fund recently said that no fewer than 600 persons died and 1.3 million were rendered homeless as a result of the floods that ravaged most states across the country, with the destruction of properties worth billions.

In the suit number FHC/L/CS/2283/2022 filed last Friday at the Federal High Court, Lagos, SERAP is asking the court to “direct and compel President Buhari to promptly and thoroughly investigate the spending of Ecological Fund by governments at the Federal, state and local government levels from 2001 to date.”

READ ALSO: Trust TV: SERAP Drags Buhari To Court Over N5m Fine

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SERAP is also asking the court to “direct and compel President Buhari 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.”

In the suit, SERAP is arguing 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.”

SERAP is also arguing 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.”

According to SERAP, “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 is also arguing that “the Federal Government has violated the obligations to protect and uphold the human rights of those affected, and to provide them with access to justice and effective remedies.”

The suit filed on behalf of SERAP by its lawyer Kolawole Oluwadare read in part: “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.”

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“According to the audit of the Ecological Fund Office carried out by the Nigeria Extractive Industries Transparency Initiative, the total amount received by the fund from December 2011 to November 2016 alone was N277 billion.”

“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. During these periods, N74,170,932,645.20 was released to State Governments to solve ecological problems in their States.”

“Although ecological funds are shared across the three tiers of government, and emergency management agencies, the funds are managed and supervised by the Federal Government.”

“The Federal Government has the legal obligations to prevent and address the threats to human rights that result from climate change, and to provide access to justice and effective remedies for victims when these rights are violated.”

“The Federal Government has a positive obligation to protect individuals against the threat posed to human rights by climate change, regardless of the causes, and to effectively address the aftermath of the flooding such as deterioration in health, diminishing access to safe drinking water and susceptibility to disease.”

“Climate change also has the potential to exacerbate existing threats to human rights in the country. Rising global temperatures will jeopardise many people’s livelihoods, increasing their vulnerability to poverty and social deprivation.”

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“Many years of allegations of corruption and mismanagement in the spending of Ecological Fund and entrenched impunity of perpetrators have undermined the ability of governments at all levels and emergency management agencies to prevent the impact of flooding on the human rights vulnerable Nigerians.”

“Allegations of corruption and mismanagement have undermined the ability of authorities at all levels to invest in drainage systems, and to tackle soil erosion and climate change challenges across several parts of the country.”

“The funds released for ecological projects are characterised by mismanagement, diversion of funds, substandard and abandoned projects fully paid for. Ecological funds have also been allegedly spent for other purposes such as election campaigns and political patronage.”

“Prevention of corruption in the spending of the Ecological Fund, and preventing and addressing the challenges caused by climate change are serious and legitimate public interests.”

READ ALSO: NIN-SIM: SERAP Tackles FG Over Planned Blocking Of 72 Million Telephone Lines

“There is a legitimate public interest in ensuring justice and accountability for alleged corruption and mismanagement in the management of the Ecological Fund.”

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“Nigerians have the right to know how the public funds budgeted to address ecological challenges are spent. Publishing the details of allocations of the Ecological Fund since 2001 would promote transparency, accountability, and reduce the risks of corruption in the spending of the funds.”

No date has been fixed for the hearing of the suit.
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FAAN Shuts KFC For Discriminating Against Physically-challenged Ex-gov’s Son

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The Federal Airports Authority of Nigeria has shut down a branch of a popular food outlet, KFC, at the Murtala Muhammed Airport, Lagos  State.

FAAN stated this on Thursday in a statement signed by its Director, Public Affairs and Consumer Protection, Mrs Obiageli Orah.

The statement, titled, ‘FAAN shuts down KFC outlet at MMIA,’ noted that the food outlet violated the Lagos State law on People with Special Needs, Part C, Section 55 of General Provisions on Discrimination.

The statement added that the directive followed a social media report by a Passenger with Reduced Mobility who alleged discriminatory treatment he received at the airport.

It read, “In line with Lagos State law on People with Special Needs, Part C, section 55 of General Provisions on Discrimination which states that “A person shall not deprive another person of access to any place, vehicle or facility that members of the public are entitled to enter or use on the basis of the disability of that person”, the management of the Federal Airports Authority of Nigeria (FAAN) has closed the KFC facility at the Murtala Muhammed International Airport in Lagos with effect from March 28, 2024.

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“This is as a result of a social media report by a Passenger with Reduced Mobility (PRM), alleging discriminatory treatment he received at the Murtala Muhammed International Airport, Lagos.

“The MD/CE of FAAN, Mrs Olubunmi, Kuku intervened swiftly by deploying a management team comprising the Director, Public Affairs and Consumer Protection, Mrs Obiageli Orah; the Regional Manager South West, Mr. Sunday Ayodele; Ag. General Manager Public Affairs, Mrs Ijeoma Nwosu-Igbo and the International Terminal Manager, Mr. Kerri, to investigate the allegation.”

FAAN said, “It is based on the findings of the team that FAAN has shut down the KFC facility at the MMA, where the incident occurred.

“The authority has instructed that the KFC Management should tender an unreserved apology, in writing, to the affected PRM and a policy statement of non-discrimination be written and pasted conspicuously at the door post of their facility at MMIA before it resumes operation.

“FAAN uses this medium to express our unreserved apology to the affected Passenger with Reduced Mobility and assures all airport users that we shall continue to work tirelessly to ensure that the rights of every passenger are not infringed upon.”

READ ALSO: Iran Sentences Police Officer To Death For Killing Protester

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The victim of the maltreatment, Adebola Daniel, son of former Ogun State Governor, Gbenga Daniel, recounted his experience at the KFC outlet of the airport in a series of tweets posted on Wednesday via his X handle, @DebolaDaniel.

Daniel, a wheelchair user, described his ordeal as “the worst sort of public humiliation” he ever had.

The Ogun State-born noted that it all started during his planned trip to  London from Lagos via a Virgin Atlantic airline.

He stated that in years past, while he was quite familiar with security and immigration processes, being a frequent traveller, he would visit the Oasis lounge of the airport to wait for his flight.

However, because “the lift to the lounge has been out of service,” for the past three years, he decided to find “solace” at the KFC outlet in the airport, alongside his wife and his three brothers, whom they were travelling together.

“Today I chose KFC – what a colossal mistake,” he bemoaned.

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His tweets partly read, “Being disabled often rolls over my spirit, leaving behind a trail of shattered dignity and forgotten humanity. Nowhere more so than in Nigeria.

“I have never been the type of person to make a fuss or complain about my disability. My approach has always been ‘laissez-faire.’ Ultimately, it is what it is. It is a part of my identity and like everyone else, I have my days of self-doubt and confusion as to how/if I fit in society.

“To be disabled in Nigeria is to be undesirable, unwelcome and unaccepted. As I’ve said before, it’s a lonely, scary and isolated place.

“Never has this been more true than it has ever been today when I faced the worst sort of public humiliation that I have ever experienced. To think that this happened at an international brand @kfc @kfcnigeria at an international airport – Murtala Muhammed Airport, Lagos – is unthinkable.”

READ ALSO: Navy Arrests Suspected Oil Thief Enroute Cameroon With 15,500 Litres Of PMS

Daniel stated that he “arrived at the airport as normal for my Virgin Atlantic flight to London. I’m a frequent flyer and I’m extremely familiar with all due processes at Murtala Muhammed Airport. Years ago, after all security and immigration formalities had been completed, I would normally go to the Oasis lounge to wait for my flight.

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“For the past three years, the lift to the lounge has been out of service so I’ve often found solace in other establishments, sometimes lounges, sometimes restaurants such as @kfc @kfcnigeria.”

Daniel stated that as they were about to sit, a lady who is “apparently the manager” called out loudly, “No wheelchairs allowed.”

He added that upon hearing what she said, one of his brothers, Taiwo, asked what the lady meant, but “she refused to listen to reason and stood her ground that at @kfc @kfcnigeria Murtala Muhammed branch, wheelchairs and wheelchair users of all shapes and sizes were not permitted in the premises and we should leave immediately.

“My siblings and wife became instantly irate and proceeded to debate her position with her, ultimately cumulating in raised voices and strong verbal protests. If there’s one thing I hate more than anything in this life is to create a scene. I detest it. I do not like to draw attention to myself and as such I began pleading with my people that we should just leave.

“My wife took some video footage and my brothers took some pictures. There were at least five other witnesses at the scene, who tried to intervene as things unfolded. Eventually, our party departed to another lounge upset and quite frankly pissed off.”

Daniel stated that he wouldn’t let such an incident slide, adding that as another of his brothers alongside his wife met the lady at another time, she stressed “that the business does not allow wheelchairs into their premises,” while they took an audio record of her statement.

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He recalled the lady saying that “she recently just transferred to that branch, it is something that has been drummed into them.

It harkens back to dark periods in recent history… No wheelchairs allowed… No coloureds allowed…. No blacks allowed…,” saying, “Today, I felt less than human, like a guard dog not allowed into the house. Lonely and isolated.”

Daniel noted that he would “continue to escalate the matter “until I get a reasonable resolution and there’s no stopping me. You cannot treat people this way.

READ ALSO: Nigeria Ranks 109 In World Hungry Nations – Peter Obi Laments

“There are approximately 27 million Nigerians living with some form of disability. That’s over 13% of the country. One in six people on the planet are disabled. You must not treat people this way.

“So my question to @kfc @kfcnigeria is simple. Does this represent your approach to disabled customers or will you be looking into this? Am I not human enough for KFC?”

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He added an audio record of the conversation between his wife and the lady.

“Audio clip from my wife. I’m trying to get all the evidence up on here,” he wrote.

In response to the allegation before the outlet’s shutdown by the FAAN, KFC tweeted via its official X handle on Thursday morning, stating, “KFC is unwavering in our stance against bias or discrimination in any form, with inclusivity and respect as non-negotiable pillars of our values.

“However, this recent incident has underscored the pressing need for immediate action. We have embarked on efforts to address the situation and extend apologies and deeply regret the frustration and distress experienced by our guest.”

The food outlet added that it’s “urgently implementing sensitivity training for all our employees. This incident is not reflective of our standards, and we will act swiftly to rectify it.

“We are actively exploring solutions to equip our team members and establishments better to ensure that every guest feels genuinely welcomed and that we deliver empathetic customer service that proactively addresses the diverse needs of each guest.”

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On Thursday, the General Manager, Lagos State Office for Disability Affairs, Mrs Adenike Oyetunde-Lawal, stated in a statement that the attention of her office “has been drawn to a viral story about the discrimination against Mr. Debola Daniel, a person with a disability in a wheelchair. This incident happened on 27th of March 2024, at a KFC restaurant located at Murtala Muhammed International Airport, Lagos.”

The LASODA GM noted that “it frowns upon any form of discrimination, particularly against persons with disabilities. Every individual, regardless of their disability, deserves to be treated with dignity and respect.

“The agency is committed to ensuring that the rights of persons with disabilities are protected and upheld in Lagos State. Discriminatory actions, such as those alleged in this incident, are unacceptable and will not be tolerated.

“LASODA, therefore, encouraged anyone who has experienced discrimination based on their disability to report such incidents to lasoda@lagosstate.gov.ng We are committed to working towards a society that is inclusive and accessible to all.”
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Detained Binance Executive Drags EFCC, NSA To Court

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The detained Binance executive, Tigran Gambaryan, has accused the National Security Adviser, Nuhu Ribadu, and the Economic Financial Crimes Commission of violating his fundamental human rights.

Gambaryan, in an originating motion marked: FHC/ABJ/CS/356/24 sought a declaration that his detention and seizure of his international travel passport, contravened Section 35 (1) and (4) of 1999 Constitution.

He urged the court to order the NSA and the EFCC to release him from their custody and return his international travel passport with immediate effect.

Gambaryan also sought an order of perpetual injunction restraining the respondents and their agents from further detaining him in relation to any investigation into or demands from Binance.

READ ALSO: Soldiers’ Killing: Wanted Delta King Surrenders To Police

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He also urged the court to order the respondents to issue a public apology to him.

Gambaryan averred that he was in Nigeria alongside fleeing Nadeem Anjarwalla to honour the invitation of the ONSA and EFCC to discuss issues relating to Binance in Nigeria.

Anjarwalla escaped from the guest house where he and Gambaryan were being held

He argued that he had not committed any offence during the meeting, and neither was he informed in writing of any offence he personally committed in Nigeria at any other time.

The only reason for his detention is because the government is requesting information from Binance and making demands on the company,” he added.

READ ALSO: Shaibu Impeachment: Panel Fixes Date For Commencement Of Sitting

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The fleeing Anjarwalla also filed a similar suit, marked: FHC/ABJ/CS/355/24.

At the proceedings on Thursday, T.J. Krukrubo (SAN) appeared for the plaintiffs, while the respondents had no representation.

Krukrubo informed the court that the respondents were served two days ago.

Shortly after that, he announced to the court that he was withdrawing from the matter as counsel for the fleeing Anjarwalla.

He did not give reasons for his withdrawal.

The trial judge, Justice Inyang Ekwo, adjourned the matter till April 8.

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Malabu Oil Scam: EFCC Loses Case As Court Discharges Ex-AGF Adoke, Others

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A Federal Capital Territory, FCT, High Court on Thursday discharged a former Attorney-General of the Federation, AGF, Mohammed Bello Adoke, and six others after dismissing charges filed against them over the controversial Oil Prospecting Licence, OPL, 245, otherwise known as Malabu Oil scam.

Recall that the Economic and Financial Crimes Commission, EFCC, dragged Adoke and other defendants before the court on an amended 40-count charge bordering on disobeying direction of the law, offering and receiving gratification, conspiracy and forgery, among others.

Adoke, who served as AGF and Minister of Justice under the administration of former President Goodluck Jonathan, was prosecuted by EFCC in the suit marked FCT/HC/CR/151/2020.

READ ALSO: Shaibu Impeachment: Panel Fixes Date For Commencement Of Sitting

Other accused persons are Aliyu Abubakar, Rasky Gbinigie, Malabu Oil and Gas Limited, Nigeria Agip Exploration Limited, Shell Nigeria Extra Deep Limited and Shell Nigeria Exploration Production Company Limited.

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Ruling on the no-case submission filed by the defendants, Justice Abubakar Kutigi held that any trial processes are evidence driven but the prosecution failed to produce certain documents or call some witnesses to prove its case.

He further held that the prosecution has failed to prove the essential elements of the offences the defendants were charged with before the court.

According to him, though the defendants were constitutionally presumed to be innocent, to establish prima facie case against them, the prosecution had to produce sufficient evidence to warrant the court to call on them to enter their defence.

READ ALSO: Full Text Of President Tinubu’s Speech At Burial Ceremony Of 17 Slain Soldiers

Justice Kutigi held that in the current case, the prosecution failed to establish any prima facie case against the defendants.

He cited the situation whereby about three counts involved forgery, yet the prosecution failed to tender relevant documents as exhibits.

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The judge further held that a charge must not be filed for the purpose of doing so, submitting that frivolous charge does damage to the judicial system.

He commended the prosecution counsel for accepting in his final written address that no case has been made by the prosecution against the defendants.

Justice Kutigi, however, lamented that it took the prosecution four years before realising it.

”The defendants ought not to have been charged in the first instance.

“This, stemmed from the fact that the prosecution failed to produce before the court the minimum evidence to enable the court to order the defendants to enter their defence,” he said.

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