…issues fresh ultimatum, threatens legal action
The Socio-Economic Rights and Accountability Project (SERAP) has issued a one-week ultimatum to Nigeria’s 36 state governors and the Minister of the Federal Capital Territory, Nyesom Wike, to account for loan agreements and spending details of some N5.9 trillion and $4.6 billion loans obtained by their states and the FCT.
SERAP’s request also includes details and locations of projects executed with the loans.
SERAP also urged them to “promptly invite the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) to investigate the spending of the domestic and external loans obtained by your state and the FCT”.
SERAP’s request in coming on the heels of disclosure last week by Governor Uba Sani of Kaduna State that the immediate past administration of Nasir El-Rufai left $587m, N85bn debt and 115 contractual labilities, making it impossible for the state to pay salaries.
In a Freedom of Information Act requests dated 30 March 2024 and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation said it was in the public interest to publish copies of the loan agreements and details of how the loans obtained were spent.
“Nigerians have the right to know how their states are spending the domestic and external loans obtained by the governors,” SERAP said, adding,“Widely publishing copies of the loan agreements and spending details of the loans obtained would ensure that persons with public responsibilities are answerable to the people for the performance of their duties in the management of public funds.”
In the FoI requests, SERAP said it would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of the letter.
“If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel you and your state to comply with our request in the public interest.
“SERAP is seriously concerned that many of the country’s 36 states and FCT are allegedly mismanaging public funds which may include domestic and external loans obtained from bilateral and multilateral institutions and agencies.
“Transparency in the spending of the loans obtained by your state is fundamental to increase accountability, prevent corruption, and build trust in democratic institutions with the ultimate aim of strengthening the rule of law,” it said.
The group, quoting Nigeria’s Debt Management Office, said the total public domestic debt portfolio for the country’s 36 states and the Federal Capital Territory is N5.9 trillion, while the total public external debt portfolio is $4.6 billion.
“Many states and the FCT reportedly owe civil servants’ salaries and pensions. Several states are borrowing to pay salaries. Millions of Nigerians resident in your state and the FCT continue to be denied access to basic public goods and services such as quality education and healthcare,” SERAP said.
“Several states including your state are also reportedly spending public funds which may include the domestic and external loans to fund unnecessary travels, buy exotic and bulletproof cars and generally fund the lavish lifestyles of politicians.”
SERAP said it believes that the constitutional principle of democracy provides a foundation for Nigerians’ right to know the details of loan agreements and how the loans obtained are spent.
“Citizens’ right to know promotes openness, transparency, and accountability that is in turn crucial for the country’s democratic order.
“The effective operation of representative democracy depends on the people being able to scrutinize, discuss and contribute to government decision making, including on the spending of loans obtained by your state and the FCT.
“To do this, they need information to enable them to participate more effectively in the management of public funds by their state government and the FCT,” it said.
SERAP said it was seriously concerned that years of allegations of corruption and mismanagement of public funds, including the loans obtained by states, have contributed to widespread poverty, underdevelopment and lack of access to public goods and services.
“Opacity in the spending of loans obtained by states has continued to have negative impacts on the fundamental interests of the citizens and the public interest.
“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 about the loan agreements and how the loans obtained are spent.
“Your state cannot hide under the excuse that the Freedom of Information Act is not applicable to your state to refuse to provide the details being sought, as your state also has clear legal obligations to provide the information as prescribed by provisions of the Nigerian Constitution 1999 [as amended], and the African Charter on Human and Peoples’ Rights (Ratification and. Enforcement) Act,” the group said.
