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Tinubu Dragged To Court Over Failure To Probe Missing $15bn, N200bn Oil Revenues

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Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over “the failure to probe the grim allegations that over US$15 billion oil revenues, and N200 billion budgeted to repair the refineries in Nigeria are missing and unaccounted for between 2020 and 2021.”

The allegations are contained in the 2021 report by the Nigeria Extractive Industries Transparency Initiative (NEITI).

In the suit number FHC/L/CS/2334/2023 filed last Friday at the Federal High Court in Lagos, SERAP is seeking: “an order of mandamus to direct and compel President Tinubu to probe the allegations that US$15bn of oil revenue, and N200bn budgeted to repair and maintain the refineries in Nigeria are missing and unaccounted for.”

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SERAP is also seeking: “an order of mandamus to compel President Tinubu to direct appropriate anti-corruption agencies to probe allegations of corruption involving the Nigerian Petroleum Development Company Limited, Nigerian Upstream Petroleum Regulatory Commission (NPDC) and State Owned Enterprises (SOE).”

SERAP is also seeking: “an order of mandamus to compel President Tinubu to use any recovered proceeds of corruption to enhance the well-being of Nigerians.”

In the suit, SERAP is arguing that: “There is a legitimate public interest in ensuring justice and accountability for these serious allegations. Granting the reliefs sought would end the impunity of perpetrators and ensure justice for victims of corruption.”

READ ALSO: SERAP Drags Akpabio, Oshiomhole, Others To Court, Wants Their Salaries, Pensions Stopped

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SERAP is also arguing that, “The allegations of corruption documented by NEITI undermine economic development of the country, trap the majority of Nigerians in poverty and deprive them of opportunities.”

According to SERAP, “Unless the President is directed and compelled to get to the bottom of these damning revelations, suspected perpetrators would continue to enjoy impunity for their crimes and enjoy the fruits of their crimes.”

SERAP is arguing that, “Many years of allegations of corruption and mismanagement in the spending of oil revenues and impunity of perpetrators have undermined public trust and confidence in governments at all levels.”

SERAP is also arguing that, “The findings by NEITI suggest a grave violation of the provisions of the Nigerian Constitution 1999 [as amended], national anticorruption laws, and the country’s obligations under the UN Convention against Corruption.”

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The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Andrew Nwankwo, and Ms Valentina Adegoke, read in part: “The Tinubu government has a constitutional duty to ensure transparency and accountability in the spending of the country’s oil wealth.”

“SERAP is seeking an order of mandamus to direct and compel President Tinubu to put in place mechanisms for accountability and transparency in the oil sector.”

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“Section 13 of the Nigerian Constitution imposes clear responsibility on the government to conform to, observe and apply the provisions of Chapter 2 of the constitution. Section 15(5) imposes the responsibility on the government to ‘abolish all corrupt practices and abuse of power’ in the country.”

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“Under Section 16(1) of the Constitution, the government has a responsibility to ‘secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.’”

“Section 16(2) further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’”

“Similarly, articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on the government to ensure proper management of public affairs and public funds, and to promote transparent administration of public affairs.”

“The UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption obligate the government to effectively prevent and investigate the plundering of the country’s wealth and natural resources and hold public officials and non-state actors to account for any violations.”

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“Specifically, article 26 of the UN convention requires the government to ensure ‘effective, proportionate and dissuasive sanctions’ including criminal and non-criminal sanctions, in cases of grand corruption.”

READ ALSO: Probe Missing $15bn, N200bn Of Oil Revenues, SERAP Tells Tinubu

“Article 26 complements the more general requirement of article 30, paragraph 1, that sanctions must take into account the gravity of the corruption allegations.”

“Nigeria is also a participating state of the Extractive Industries Transparency Initiative (EITI), which aims to foster greater governmental accountability for the use of natural resource wealth through the creation of a set of international norms on revenue transparency.”

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“EITI also aims to tackle corruption, poverty and conflict associated with natural resource wealth. Nigeria has the obligations to implement the EITI Standard, which sets out the transparency norms with which participating States including Nigeria must comply.”

“According to the 2021 report by NEITI, government agencies including the Nigerian Petroleum Development Company (NNPC) and the Nigerian Upstream Petroleum Regulatory Commission (NPDC) failed to remit $13.591 million and $8.251 billion to the public treasury.”

“The NNPC and NPDC failed to remit over 70% of these public funds. NEITI wants both the NNPC and NPDC to be investigated, and for the missing public funds to be fully recovered.”

READ ALSO: SERAP Drags CBN To Court Over Regulation Requesting Bank Customer’s Social Media Handles

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“The report also shows that in 2021, the State Owned Enterprises (SOE) and its subsidiaries (the NNPC Group) reportedly spent US$6.931billion on behalf of the Federal Government but without appropriation by the National Assembly. The money may be missing.”

“The NNPC also reportedly obtained a loan of $3 billion in 2012 purportedly to settle subsidy payments due to petroleum product marketers but there is no disclosure of the details of the loan, subsidy and the beneficiaries of the payments.”

“The report also shows that N9.73 billion was paid to the NNPC as pipeline transportation revenue earned from Joint Venture operations but the money was neither remitted to the Federation nor properly accounted for.  The NPDC in 2021 also failed to remit $7.61 million realized from the sale of crude oil.”

“The report documents that about N200 billion was spent on ‘refineries rehabilitation’ between 2020 and 2021 but ‘none of the refineries was operational in 2021 despite the spending.’ NEITI wants the spending to be investigated, as the money may be missing.”

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Joined in the suit as Respondent is Mr Lateef Fagbemi, SAN, the Attorney General of the Federation and Minister of Justice.

No date has been fixed for the hearing of the suit.

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Minimum Wage: Why We May Not Accept N100,000 – Organised Labour

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The organised labour has told the government to perish any idea of offering N100,000 as the new minimum wage.

The labour has also told the government to be serious with the negotiations on the issue of workers wages, insisting that it used the lowest minimum in arriving at the N615,000 as new minimum wage.

Recall that the organised labour comprising the Nigeria Labour Congress, NLC and the Trade Union Congress of Nigeria, TUC, pulled out of the negotiation meeting last week Wednesday when the government offered N48,000 as the new minimum wage.

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However, Chairman of the Tripartite Committee on the National Minimum wage, Alhaji Bukar Goni in a letter to the organized labour for a meeting tomorrow indicated interest that the government will shift ground and asked the organised labour to also shift ground.

Speaking to Vanguard in Abuja, the NLC Head of Information and Public Affairs, Benson Upah, said that the organised labour would honour the invitation tomorrow but he advised the government to be serious.

He said, “Our expectations are that the government should be serious this time around. We expect them to take more seriously the issue of wages of workers.”

On whether labour would accept N100,000 as being insinuated, he said, “Well, it will not be fair and these are the reasons. The first reason is that when we demanded for N615,000, we broke that down. In fact, we used the barest minimum.

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“For instance we put accommodation for N40,000, we also use for feeding N500, tell me where you are going to get food for N500 with a family of six. As I said, we used barest estimate but beyond that, government hiked electricity tariff by two hundred and fifty percent after we made our demand and that has introduced new cost and expenses. So if government is serious, it should not be thinking about a hundred thousand naira.

READ ALSO: 15 Most Expensive Nigerian Universities

“You know that when you create poor citizens, you create a poorer county.” On his part, a member of the NLC delegation on the Tripartite Committee, Prof Theophilus Ndubuaku, said it would not be kind of the government to offer N100,000.

He said, “I don’t think one hundred thousand naira is a kind of thing we want because it’s far below expectation, we will accept something that can at least keep somebody alive. I don’t think a hundred thousand naira will keep a worker alive in this country a man with a family of six because our computation is based on the size of family.

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“So, if they come up with that kind of amount, I don’t think we will appreciate it. In the private sector even artisans are not taking one hundred thousand a month. Whatever we accept we will look what is the income, what are they collecting, what is available to government because if government is collecting one trillion naira, we cannot ask them to pay two trillion.

“We are responsible people but the same government should know that people are suffering they will have to agree with us that there is crisis, that something needs to be done to create wealth, that something needs to be done for Nigeria to be a producing country and not a consuming nation.

“Something needs to be done to reduce the cost of governance. We are supposed to be partners in governance, after all we are the labourers.”

Asked to give reason why labour may not accept one hundred thousand, he said, “If we see that that hundred thousand is affordable, if we see that they can afford more, we will reject it. They have to tell us why they cannot pay N615,000, the onus is on them to tell us why, then we will sit down and say okay you don’t have the money but we will also know why you don’t have the money because Nigeria is a country that is naturally endowed but something is wrong, how do you make sure you get the money so that when we come again in two years time, you won’t tell us the same story?

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“What are you doing to create wealth, how are you going to partner with us to create wealth instead of being wasteful, how are you going to partner with us to reduce cost of governance. If a father comes home and says the only money he has is one thousand naira and you know that the father is not wasting the money, you will manage but if it is when the father comes and he is eating food bought from the fast food joint and it cost N10,000 and he gives one thousand to the entire family to go and look for food and cook for themselves, he may be beaten up, the family may refuse it.

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

“The letter they wrote to us they said that both parties should shift ground, that means they will shift ground and they are expecting us to shift ground but the question is, what ground are they shifting, are they going to shift ground by two naira or two thousand naira to make it N50,000 or are they going to shift ground by N62,000 to make it N100,000 or by N150,000 or N200,000 to make it N300,000 plus.

“The point here is, this thing we are doing is not rocket science, the government should sit down and calculate how much it will cost, what is a befitting wage for an average Nigeria? They should breakdown what they are giving us because even in salaries, you break everything down. So when you break it down, they will tell us whether they are going to put one thousand naira per month for transport and two thousand naira per month for food.

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“That N48,000 they are offering, they should have broken it down so if there are certain things they don’t want to make provision for, for instance health, if they say if any worker is sick they person should go and die or they don’t want to make provision for food, let them just put standard things.

“The problem here is that, you asked someone to tighten his belt, you said there is no money but you removed subsidy. Since they removed subsidy, FAAC has been collecting almost three times of what they were collecting before subsidy. That money you are collecting, what are you doing with it?

“You now said you want to build coastal highway when the existing roads to the same location are not passable, you are budgeting trillions of naira, you want to build Lagos-Sokoto brand new Highway, you want to put billions for hajj subsidy, you bought 200 vehicles for Customs and this is somebody that is complaining that naira is having issues but you now want to spend hundreds billions to import Toyota cars for Customs, why can’t you buy made-in Nigeria vehicles?

“This whole thing doesn’t make any meaning, we don’t even understand it. They are behaving as if they have money but they don’t know what to do with it like General Yakubu Gowon said in the 70s. You bought 200 Toyota Jeeps for Customs, it means you really do have the money but you don’t know what to do with it. But one thing you don’t want to do with the money is to feed Nigerians, feed your workers, make your workers comfortable.

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“And as you can see, they are not even giving anybody hope. There is no programme for agriculture, government is not declaring emergency on power, food security, transportation.

READ ALSO: JUST IN: Tinubu Appoints Governing Board Members For 111 Tertiary Institutions

“So what we are expecting is that, if they tell us they cannot pay N625,000, they should tell us why they cannot pay, this is negotiation. If we have told them to pay N615,000, what we expect government to calculate how many workers that are expected to receive this minimum wage.

“We did our research, you now say each state has this workforce, this is what they are now getting as revenue forget the fact that some of them are not doing anything to increase their IGR. Whatever they are getting now from the money coming from the federal revenue account, the federal government should say, this is the number of workers that we have, this is how much that you are asking, at the end of the day, this is how much we are expected to spend as salary and this is how much we have.

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“So, NLC please look at it, we don’t want to spend this percent on salary, we will then sit down and ask, if you don’t want to spend it on salary, you want to spend it by importing vehicles for Customs when you have locally manufactured vehicles that won’t cost capital flight.”

He, however said that if the government comes out with something”relevant “, the organised labour will shift ground as asked.

“We must discuss with them that the figure presented is realistic and based on facts and statistics as the organised labour has done,” he said.

He said, “For provision of food for one person, we put N500 but there is a survey carried out by the National Bureau for Statistics covering all parts of the country, NBS is the custodian of statistics and it came out with that in today Nigeria, the average you can spend for a meal is N900.

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“But we went low, we took the minimum. Their average is N900 but we took the minimum of N500, that is you cannot go below the N500. So you can see how realistic we are. So we will insist that government breakdown every item. Food, hospital, accommodation, transportation etc.

“We don’t want anyone to come and say that the NLC and the TUC presented arbitrary figure.”
VANGUARD

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BREAKING: CBN Withdraws Circular On Cyber Security Levy

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The Central Bank of Nigeria, CBN has withdrawn the circular directing banks and other financial institutions to implement the 0.5 per cent cyber security levy.

The withdrawal of the circular was announced via a statement signed by Haruna Mustafa, Director, Financial Policy and Regulation, Department and Chibuzo Efobi, Director, Payment System Management Department.

READ ALSO: JUST IN: Tinubu Officially Suspends 0.5% Cybersecurity Levy

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The circular stated: “The Central Bank of Nigeria circular dated May 6, 2024 (Ref. PSMD/DIR/PUB/LAB/017/004) on the above subject refers. ‘

“Further to this, please be advised that the above referenced circular is hereby withdrawn.”

 

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JUST IN: Tinubu Appoints Spokesperson, Ngelale, As Special Envoy On Climate Action

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President Bola Tinubu has appointed his Special Adviser on Media and Publicity, Mr. Ajuri Ngelale, as Nigeria’s Special Presidential Envoy on Climate Action.

This was as he established a 25-person committee to oversee the country’s green economic initiatives.

Ngelale will serve in this role as part of a larger Presidential Committee, to be chaired by the President,” the office of the secretary to the government of the federation revealed in a statement signed Sunday by its Director of Information and Public Relations, Segun Imohiosen.

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Ngelale will retain his role as the Official Spokesperson of the President and Special Adviser to the President on Media & Publicity while serving on the committee,” it added.

The statement is titled, ‘President Tinubu establishes a committee to oversee green economic initiatives, appoints Chief Ajuri Ngelale as special envoy on climate action.’

Imohsien said the Presidential Committee on Climate Action and Green Economic Solutions will “coordinate and oversee all policies and programmes on climate action and green economic development.”

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“This is to remove the constraints to coordination, foster a whole-of-government approach to climate-action programmes, provide an efficient governance architecture, and ensure that all relevant institutions in the sector are plugged into the President’s vision and are collectively implementing the Renewed Hope Agenda on climate action,” it further explained.

The new committee which has the President as its Chairman also includes the Minister of Environment, Mr. Balarabe Lawal as its Vice-Chairman, and Mr. Ajuri Ngelale as its Secretary/Special Presidential Envoy.

Members are the CEOs of, InfraCorp, Mr. Lazarus Angbazo; National Council on Climate Change, Mr. Salisu Dahiru; Infrastructure Council Regulatory Commission, Mr. Michael Ohiani, Nigeria Investment Promotion Council, Mrs. Aisha Rimi and National Social Investment Fund, Mr. Aminu Umar-Sadiq.

The committee also consists of the CEOs of the National Agency for the Great Green Wall, Mr Yusuf Maina-Bukar, Energy Commission of Nigeria, Mr Abdullahi Mustapha; Rural Electrification Agency, Abba Aliyu; CreditCorp, Uzoma Nwagba, the National Agency for Science and Engineering Infrastructure, Khalil Halilu Member, Solid Minerals Development Fund, Fatima Shinkafi; CBN Deputy Governor (Deputy Governor, Corporate Services Directorate) Mr Bala Bello; UN SE4ALL, Lolade Abiola; Member and an Adviser to the NCCC Adviser, Teni Majekodunmi.

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Others are representatives of the Federal Ministries of FCT, Finance, Industry, Trade & Investment, Water Resources, and Agriculture & Food Security.

The committee also consists of representatives from the Federal Inland Revenue Service and the Nigeria Customs Service.

The OSGF outlined eight objectives of the Presidential Committee. They are to:

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“Identify, develop, and implement innovative non-oil & non-gas climate action initiatives.

“Coordinate all activities of relevant federal institutions towards the attainment of all agreed climate action and green economic objectives and non-oil/non-gas ambitions of the federal government.

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“Collaborate with all relevant government, subnational governments, non-government, and civil society entities towards the attainment of the climate action objectives and ambitions of the federal government.

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“Collaborate with national governments and multilateral institutions towards the attainment of the climate action objectives and carbon market ambitions of the federal government.

“Monitor, evaluate, and guide the progress of all climate action and renewable energy projects and activities of the federal government.

“Track and guide the implementation of initiatives and developments conducted by the Energy Transition Working Group.

“Supervise the work of the Presidential Steering Committee on Project Evergreen and

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“Prepare a half-yearly green ambitions update, covering all associated climate action achievements of the federal government.”

 

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