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SERAP Sues Tinubu, Demands Details Of Obasanjo, Buhari, Others’ Loans

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The Socio-Economic Rights and Accountability Project has taken legal action against President Bola Tinubu’s administration.

The organisation described the move as necessary so as to ensure financial transparency.

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The lawsuit demands the publication of detailed spending reports and agreements related to loans acquired by the administrations of former Presidents Olusegun Obasanjo, Umaru Yar’Adua, Goodluck Jonathan, and Muhammadu Buhari.

Filed last Friday at the Federal High Court in Lagos, the suit aims to compel the Minister of Finance, Wale Edun, and the Debt Management Office to disclose how these loans, totaling billions of dollars, were utilised.

SERAP contends that the citizens’ right to know how public funds are spent is fundamental to democratic governance and accountability.

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The organisation argued that transparency in loan agreements and expenditures is critical for Nigerians to evaluate their government’s performance, especially in light of persistent extreme poverty and inadequate public services despite substantial borrowing.

According to a Sunday statement signed by its Deputy Director, Kolawole Oluwadare, SERAP said the outcome of the case could significantly impact the transparency and accountability mechanisms in Nigeria’s financial management.

The statement was titled, “SERAP sues Tinubu govt over failure to account for loans by ex-presidents.”

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READ ALSO: SERAP Sues 36 Governors, FCT Minister Over FAAC Allocations

In the suit number FHC/L/CS/353/2024 filed last Friday at the Federal High Court, Lagos, SERAP is asking the court to “direct and compel the Tinubu government to publish the loan agreements obtained by the governments of former Presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan and Muhammadu Buhari.”

SERAP is also asking the court to “direct and compel the Tinubu government to publish the spending details of any such loans, including the interests and other payments so far made on the loans.”

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In the suit, SERAP is arguing that, “No one should be able to pull curtains of secrecy around decisions on the spending of public funds which can be revealed without injury to the public interest. Democracy requires accountability and accountability requires transparency.”

SERAP is also arguing that “The Tinubu government should make it possible for citizens to have access to the agreements and spending details to judge whether their government is working for them or not.”

“The information may help to explain why, despite several billions of dollars in loans obtained by successive governments, millions of Nigerians continue to face extreme poverty and lack access to basic public goods and services,” the statement added.

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SERAP is arguing that, “Nigerians’ right to a democratic governance allows them to appreciably influence the direction of government, and have an opportunity to assess progress and assign blame.”

SERAP is also arguing that, “The accountability of government to the general public is a hallmark of democratic governance, which Nigeria seeks to achieve.”

READ ALSO: SERAP, BudgIT, Others Drag CBN To Court Over Cybersecurity Levy

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The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Andrew Nwankwo, read in part: “Publishing the loan agreements would improve public accountability in ministries, departments and agencies (MDAs).”

“Nigerians are entitled to information about what their government is doing in their name. This is part of their right to information.

“Publishing the agreements and spending details would allow the public to see how and on what these governments spent the loans and foster transparency and accountability.

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“Publishing the loan agreements signed by the governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan and Muhammadu Buhari, and widely publishing the agreements would allow Nigerians to scrutinise it and to demand accountability for the spending of the loans.

“According to Nigeria’s Debt Management Office, the total public domestic debt portfolio for the country’s is N97.3 trillion ($108 billion). The Federal Government’s debt is N87.3 trillion ($97 billion).”

“Nigeria paid $6.2 billion in 2019 as interest on loans while the country paid $6.5 as interest in 2018. Nigeria also paid $5 billion as interest on loans in 2017 while the country paid $4.4 billion as interest in 2016. For 2015, the interest paid on loans was $5.5 billion.

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“Substantial parts of the loans obtained by successive governments since the return of democracy in 1999 may have been mismanaged, diverted or stolen, and in any case remain unaccounted for.

“Persons with public responsibilities ought to be answerable to the people for the performance of their duties including the management of the loans obtained between May 1999 and May 2023,” the statement read.

READ ALSO: ‘Disclose Details Of SIECs’ Members, LGA Results’, Or Face Legal Action, SERAP Tells 36 Governors

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The organisation noted that this action becomes necessary to curb corruption and financial mismanagement.

“The Tinubu government has a responsibility to ensure transparency and accountability in how any loans obtained by the Federal Government are spent, to reduce vulnerability to corruption and mismanagement.”

“The Freedom of Information Act, Section 39 of the Nigerian Constitution, article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights guarantee to everyone the right to information, including to copies of the loan agreements obtained by successive governments since 1999.”

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“By the combined reading of the provisions of the Constitution of Nigeria, the Freedom of Information Act 2011, the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights, there are transparency obligations imposed on the Tinubu government to widely publish the agreements and details of the projects on which the loans were spent.”

“The Nigerian Constitution, Freedom of Information Act, and the country’s anti-corruption and human rights obligations rest on the principle that citizens should have access to information regarding their government’s activities,” it further read.

Meanwhile, the statement asserted that no date has yet to be fixed for the hearing of the suit.

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US Appeal Court Rules Against Trump Birthright Citizenship Order

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A US appeals court on Wednesday ruled that President Donald Trump’s order restricting birthright citizenship was unconstitutional and backed the decision of a lower court to block the nationwide order.

The order has been mired in legal back-and-forth for months, and is currently halted by a federal court amid multiple legal proceedings.

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The Supreme Court ruled last month that lone judges had likely exceeded their powers by issuing nationwide injunctions against a string of Trump’s policies, including his move to end birthright citizenship.

Several district judges had blocked Trump’s attempt to end the longstanding rule, guaranteed in the US Constitution, that anyone born on US soil is automatically an American citizen.

READ ALSO:Trump Vows To Appeal Birthright Citizenship Ruling

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But the Ninth District Court of Appeals ruled that an injunction issued by a district judge based in Seattle was not a case of judicial overreach.

“We conclude that the district court did not abuse its discretion in issuing a universal injunction in order to give the States complete relief,” Judge Ronald Gould wrote.

According to Gould’s ruling, limiting an injunction to the state level would be as ineffective as not blocking the order at all, because of complications that could arise if people move between states with different citizenship rules.

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The appeals court also concluded that Trump’s birthright order went against the wording of the US Constitution.

READ ALSO:Immigration Groups Sue Trump Over Order To End US Birthright Citizenship

“The district court correctly concluded that the Executive Order’s proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional. We fully agree,” Gould wrote.

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Trump’s executive order decrees that children born to parents in the United States illegally or on temporary visas would not automatically become citizens — a radical reinterpretation of the 14th Amendment to the US Constitution.

The current Supreme Court, with a 6-3 conservative majority, avoided ruling last month on the constitutionality of Trump’s executive order and only addressed the issue of nationwide injunctions, which was nevertheless claimed by Trump as a “giant win.”

READ ALSO:Trump Signs Executive Order Ending Birthright Citizenship

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The Supreme Court also left open the possibility that executive orders could be blocked via broad class-action lawsuits against the government.

A federal judge earlier this month granted class-action status to any child who would potentially be denied citizenship under Trump’s order, and issued a preliminary halt to it as legal proceedings carry on.

AFP

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49 Feared Dead As Passenger Plane Crashes In Russia

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A passenger plane carrying 49 people crashed in Russia’s far eastern region of Amur on Thursday, authorities said.

The aircraft, a twin-engine Antonov-24 operated by Angara Airlines, was headed to the town of Tynda from the city of Blagoveshchensk when it disappeared from radar, regional governor Vassily Orlov said on Telegram.

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A rescue helicopter later spotted the burning fuselage of the plane on a mountainside about 16 kilometres (10 miles) from Tynda.

READ ALSO:Anxiety As Trump Gives Russia 50 Days To Make Ukraine Deal

The helicopter saw no evidence of survivors from above, local rescuers said.

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The Amur region’s civil defence agency said it was dispatching rescuers to the scene.

At the moment, 25 people and five units of equipment have been dispatched, and four aircraft with crews are on standby,” it said.

AFP

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19 Dead As Bangladesh Fighter Jet Crashes Into School

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A Bangladeshi training fighter jet crashed into a school in the capital Dhaka on Monday, killing at least 19 people and injuring dozens more in the country’s deadliest aviation accident in decades.

An AFP photographer at the scene saw fire and rescue officials taking away the injured students on stretchers, while military personnel helped clear the wreckage.

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A military statement said 19 people were killed, including the pilot, and 20 others were critically wounded.

At least 51 people, mostly students, were undergoing treatment at Dhaka’s National Burn and Plastic Surgery Institute, its director Mohammad Nasir Uddin told AFP.

READ ALSO:US Embassy Warns Americans In Nigeria Of Looming Visa Overstay Penalties

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The Chinese-made F-7 BJI aircraft crashed moments after students were let out of class at 1:00 pm (0700 GMT) at the Milestone School and College.

A witness said he heard a huge blast that felt like an earthquake.

We have two playgrounds, one for the senior students and one for the juniors,” said Shafiur Rahman Shafi, 18, who is enrolled at the school.

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We were on the playground for the seniors. There were two fighter planes… Suddenly one of the two planes crashed here (in the junior playground),” he told AFP.

It created a boom, and it felt like a quake. Then it caught fire, and the army reached the spot later.”

READ ALSO:Russia Strikes Ukraine After Kyiv Offers Fresh Talks

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The interim government of Muhammad Yunus announced a day of national mourning on Tuesday.

Grieving parents and relatives of the victims thronged the National Burn and Plastic Surgery Institute.

Tofazzal Hossain, 30, broke down in tears on learning that his young cousin had been killed.

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We frantically searched for my cousin in different hospitals,” Hossain told AFP.

He was an eighth grader at the school. Finally, we found his body.”

Yunus expressed “deep grief and sorrow” over the incident in a post on X.

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READ ALSO:‘Where’s The 24/7 Electricity You Promised Nigerians,’ ADC Questioned Tinubu

The loss suffered by the Air Force, the students, parents, teachers, and staff of Milestone School and College, as well as others affected by this accident, is irreparable,” he said.

This is a moment of profound pain for the nation.”

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The crash was the worst aviation accident in the country in several decades.

The deadliest ever disaster happened in 1984 when a plane flying from Chattogram to Dhaka crashed, killing all 49 on board.

Last month, a commercial aircraft crashed in neighbouring India, killing 260 people.

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