Our case against Buhari, Jonathan, Yar’Adua, Obasanjo, by SERAP

Mr Adetokunbo Mumuni, is a long standing legal practitioner, notary public and an executive director of Socio-Economic Rights and Accountability Project, SERAP. In this encounter, he sheds more light on the recent court judgment in favor of his group against the federal government. He concludes that all Nigerians must rise to the occasion and save the country from imminent collapse due to corruption and impunity. He also speaks on some other national issues.

Excerpts:



What was the motivation behind SERAP’s decision to embark the case regarding the Abacha loot in the first instance? It is as simple as saying: ‘’The desire to entrench transparency and accountability”. In a democracy, there must be no opaqueness in government businesses and dealings. What were you people out to achieve by all these actions because some people say it is about the usual helpful noise by NGOs? It should be recalled that in matters concerning the recovery of looted funds/ resources of the nation, a lot of conflicting figures/amounts of the worth of looted funds/resources were put in the public domain for too long. So, it is necessary to hear directly the authentic position from the government in respect of the matter. Hence, the need to use the instrumentality of the Freedom of Information Act.


SERAP as an organisation and as a public trust is not interested and will never be interested in playing to the gallery or such mundane matters as ‘’Public Noise or media accolade’’ if indeed such things exist somewhere. Like the response to the first question, the reason for filing the case and what we seek to achieve is the entrenchment of transparency and accountability. In pursuing this case you must have gotten some facts concerning the stolen funds. Precisely, what is the amount you think has been stolen and returned back to the coffers of government? The total amount of the funds, from the information available to SERAP, so far recovered, put conservatively, cannot be less than 7 billion dollars because from Late General Sani Abacha alone, 6 billion dollars was recovered and returned to the Nigerian government.

This well researched judgement by the court has received commendation. However, don’t you think the issues raised by the court, will become an ordinary academic exercise like the previous ones, having been directed to the ex-heads of government, who for instance have left the office?


The judgement of a court of competent jurisdiction, once it is clear and unambiguous, must be complied with by the person or government institution to which it was directed.


The question of an academic exercise does not arise in this matter. In any case, the Courts are not set up to entertain academic exercises or matters of mere academic importance. Further, as regards the President who is dead – Umar Yar’Adua – and as regards those Presidents that have left office – Olusegun Obasanjo and Goodluck Jonathan – there can be no problem. It must be remembered that government and government businesses are matters of continuity.

The information or document which the honourable court has directed must be provided, are matters of public record and can be located and provided between two principal offices in Nigeria. Which offices are these?


The Office of the Accountant General of the Federation and The Central Bank of Nigeria. What is needed as a matter of urgency is for the Chief Law Officer of Nigeria, the Attorney General of the Federation, to give the appropriate legal advice to the President of the Federation so that he will then give the appropriate executive directive to the appropriate offices to comply with the judgment of the honourable court.


A similar judgment has been secured by SERAP in its search for probity on education funding in Nigeria, up till today, it is difficult to execute the judgment of the court. So, how do you intend to execute this recent judgment, so that it will not be a judgment in vain?


SERAP is of the sincere opinion that the change mantra of the present administration is not a make belief or a sham. Since the issue involved in this matter is one relating to probity, honesty, accountability and transparency and has considerable bearing and relationship with the anti-corruption crusade of the present administration, there should be no difficulty or hindrance to compliance with the judgment of the honourable court. Some people have described SERAP as meddlesome interlopers in its fight, saying the body lacks locus. What will be your reaction to this? The Judgement resolved the issue of locus in SERAP’s favour. In any case, leaving legal technicality out of the matter, the mandate of SERAP is the promotion of the socio-economic rights of Nigerians and anything that affects the social and economic well-being of Nigerians must be a matter of serious interest and concern to SERAP. We maintain that SERAP is a public trust. The issues that made your organisation achieve its present feat in pursuit of the fight against impunity are also present in most states of the federation. In your own view how can this be tackled? The answer to this question is simple. Nigerians must also be asking the state governors and state-level institutions the same questions, so that the state governors will also be under constant pressure to be accountable and transparent. A

ll said and done, is there anyway SERAP will be seeking support and cooperation from the international community especially countries and institutions involved in the transfer of these funds?

 There are international platforms, institutions and mechanisms that can be used in this process. SERAP would seek and use such institutions, platforms and mechanisms if it becomes necessary. Does your organisation intend to invoke any international instruments in the implementation of the judgment? This may not be necessary because SERAP’s sincere position is that the present administration has no reason not to comply with the judgment. Can you shed more light on the judgment as it affects each of the heads of state including the incumbent President Muhammadu Buhari?

The judgement talks about a time belt namely from 1999 till date and it is specific as to the issue, which is accounting for the loots recovered since 1999 till date. Like I have responded to an earlier question, It is a matter of records and documents and these records and or documents can be located between the Office of Accountant General of the Federation and the Central Bank of Nigeria. What’s your advice to Nigerians on the fight against corruption? The fight against corruption is a matter for every Nigerian. The movement against corruption has to start from every individual Nigerian and Nigerians as a people must take ownership of the struggle and it is when this is done that the success of the crusade can be long lasting and sustained