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The selective application of the rule of law invariably undermines the independence and integrity of the judiciary.
The above position was made known on Wednesday by a Lagos-based rights group, Socio-Economic Rights And Accountability Project (SERAP), through its Deputy Director, Kolawole Oluwadare.
The group also asked President Muhammadu Buhari to mandate the Attorney General of the Federation and Minister of Justice and appropriate anti-corruption agencies, to thoroughly, transparently, and effectively investigate the cases of corruption in the water, health, and education sector.
Addressing a press briefing at Ikeja, Lagos, caption 'Failed Promises: Corruption in the Water, Health, and Education Sectors in Nigeria', Oluwadare expressed sadness that President Muhammadu Buhari has made little to no progress in fulfilling the promises made to Nigerians to fight grand corruption, end impunity of perpetrators, respect the rule of law, and ensure access of socially and economically vulnerable Nigerians to basic public goods and services, such as quality education healthcare, and regular and uninterrupted water supply.
The group equally stated that the government’s promise to fight corruption and end impunity imposes a moral and legal responsibility to protect the rule of law, ensure sustainable development and full respect for Nigerians’ constitutionally and internationally guaranteed human rights, as well as to obey court judgments.
Oluwadare argued that the promises also impose a responsibility to ensure transparency and accountability at all levels of government, and mean that government and public officials should timely and consistently respond to Freedom of Information requests from Nigerians.
According to Oluwadare, "In his inaugural speech on May 29, 2015, President Muhammadu Buhari stated that “Insecurity, pervasive corruption, the hitherto unending and seemingly impossible fuel, and power shortages are the immediate concerns. He then made a clear promise that his government would “tackle these challenges head-on’.
"He also promised to “ensure that there is responsible and accountable governance at all levels of government in the country. The Federal Government would not fold its arms and close its eyes to what is going on in the states and local governments.
“In 2019, President Buhari once again promised that his government would “intensify efforts in improving security, the Economy, and Fighting Corruption.”
In making known the group's concern about the rising rate of poverty and socio-economic inequality in Nigeria, Oluwadare stated, “The recent report by the National Bureau of Statistics (NBS) contained damning revelations that some 133 million Nigerians are poor, despite the government reportedly spending N500 billion yearly on social investment programmes.
“The rising poverty is an obvious result of many years of corruption and mismanagement of the country’s commonwealth and neglect of the socio-economic rights of the people. Corruption, the bane of Nigeria’s development, is flourishing with impunity and appears to be winning.
“In spite of the growing deficit in our national budget and increasing national debt profile, access to basic public goods and services such as quality education, affordable healthcare, and regular and uninterrupted water supply has become almost non-existent due primarily to systemic and widespread corruption in these sectors.”
SERAP further contended that “Yet, unresolved allegations of corruption in public institutions like the Universal Basic Education Commission (UBEC) and State Universal Basic Education Boards (SUBEBs) continue to undermine public confidence in the education sector, lead to the erosion of access to education, and if not urgently addressed will lead to an increase in out-of-school children, and exacerbate educational inequalities in the country.
“Due to the government's inability to meet the demands of ASUU, academic activities were suspended for more than eight (8) months across public institutions in Nigeria.
“Investigating the allegations of corruption and mismanagement of Nigeria’s resources, prosecuting suspected perpetrators, and recovering any missing public funds would contribute to addressing the systemic and widespread corruption, which has disproportionately affected the most vulnerable and marginalised, and entrenched inequality. This is in spite of alarming revelations by the Auditor General of the Federation in the 2018 and 2019 Auditor General’s report.”
Oluwadare, who insisted that the fight against corruption is also part and parcel of the 2030 development agenda, added that goal 16.5 calls upon member states to substantially reduce corruption and bribery in all their forms, and goal 16.4 requires them to significantly reduce illicit financial flows and to strengthen the recovery and return of stolen assets.
Oluwadare posited that In addition, goal 16.6 calls upon member states to develop effective, accountable, and transparent institutions at all levels.
“The Nigerian government is yet to account for several millions of dollars of Abacha loot recovered from 2015 until date. Lack of progress in the fight against grand corruption and the promise to obey the rule of law is further buttressed by the fact that many high-ranking officials suspected of corruption rarely end up in jail, as suspects continue to exploit the flaws in the justice system to the point where individuals are profiting from their crimes.
“In 2022, the National Council of State endorsed the pardon of Mr. Dariye, Mr. Nyame, and 157 others serving jail terms following the recommendations of the Presidential Advisory Committee on the Prerogative of Mercy. Mr. Dariye and Mr. Nyame were jailed for stealing N1.16bn and N1.6bn, respectively.
“SERAP challenged President Buhari’s exercise of the prerogative of mercy in favour of the two convicted politicians. We are concerned that impunity for corruption will continue as long as influential politicians escape justice for their crimes. The constitutional power of the prerogative of mercy ought not to be an instrument of impunity.
“The government’s disdain for the rule of law is also illustrated by the tendency to pick and choose which court orders it complies with. This selective application of the rule of law invariably undermines the independence and integrity of the judiciary, and is counter-productive to the government’s fight against corruption,” SERAP added.
Oluwadare called on President Buhari to without further delay direct the Attorney General of the Federation and Minister of Justice and appropriate anti-corruption agencies, to thoroughly, transparently, and effectively investigate the cases of corruption in the water, health, and education sector as well-documented in the 2018 and 2019 Auditor General’s reports.
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