The Socioeconomic Rights and Accountability Project (SERAP) has made good its threat as it has dragged Senate President Godswill Akpabio to court for failing to recall the senator representing Bauchi Central, Abdul Ningi.
SERAP also sued Akpabio for failing “to refer the alleged N3.7 trillion budget padding to appropriate anti-corruption agencies for investigation and prosecution”.
Akpabio was sued for himself and on behalf of all members of the Nigerian Senate.
In a post on its X (formerly Twitter) handle on Sunday morning, SERAP said, “BREAKING: We’ve sued the Senate President, Mr Godswill Akpabio over the failure to recall whistleblower Abdul Ningi, and to refer the alleged N3.7 trillion budget padding to the EFCC and ICPC for investigation and prosecution.”
Ningi was slammed with a three-month suspension by the Senate on March 12, 2024 after he alleged that the 2024 national budget was padded to the tune N3.7 trillion.
Ningi, in an interview with BBC Hausa, had alleged that the budget passed by the National Assembly for the 2024 fiscal year was N25 trillion while the one being implemented by the Presidency was N28.7 trillion.
On March 16, SERAP wrote to Senate President Akpabio urging him “to immediately reinstate whistleblower Abdul Ningi who was recently suspended from the Senate over his allegations that the lawmakers padded the 2024 budget by irregularly inserting projects worth N3.7 trillion”.
SERAP also urged the Senate President to “urgently refer the allegations that lawmakers padded the 2024 budget by irregularly inserting projects worth N3.7 trillion to appropriate anti-corruption agencies for investigation and prosecution”.
The rights group further urged Akpabio “to make a public commitment to discontinue the patently unlawful constituency projects in the next budget cycle”.
“Referring these allegations to appropriate anti-corruption agencies would be consistent with the lawmakers’ oath of office and the letter and spirit of the Nigerian Constitution 1999 [as amended],” SERAP said in the letter signed by its deputy director, Kolawole Oluwadare.
It said it would be grateful if the recommended measures were taken within seven days of the receipt and/or publication of the letter, otherwise it would consider appropriate legal actions “to compel you and the Senate to comply with our requests in the public interest”.
“Encouraging whistleblowers to speak up improves public services and strengthens public accountability. Promptly referring the allegations to the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) for investigations and prosecution would serve the public interest,” it said.
The Nigerian Observer checks showed that the suit against Akpabio was filed on Friday, April 5 at the Federal High Court, Abuja, by SERAP’s lawyers, Oluwadare (who doubles as the organisation’s deputy director) and Mrs Adelanke Aremo.
Part of the suit marked FHC/ABJ/CS/452/2024 said, “It is in the public interest and the interest of justice to grant this application. No whistleblower should ever be penalised simply for making a public interest disclosure.”
SERAP is seeking “an order of mandamus to direct and compel Mr. Akpabio to refer the alleged N3.7 trillion budget padding to appropriate anti-corruption agencies for investigation and prosecution of suspected perpetrators.
“An order of mandamus to direct and compel Mr Akpabio to immediately take steps to ensure the reinstatement of whistleblower Abdul Ningi who was suspended from the Senate over his allegations that the lawmakers padded the 2024 budget by irregularly inserting projects worth N3.7 trillion.
“An order of mandamus to direct and compel Mr. Akpabio to put in place transparency and accountability mechanisms to ensure that the trillions of Naira budgeted for constituency projects are not embezzled, misappropriated, or diverted into private pockets.”
Akpabio’s lawyer, Umeh Kalu (SAN), had, however, in response to an earlier letter by human rights lawyer, Femi Falana (SAN), requesting Akpabio to lift Ningi’s suspension, said that the decision and resolution to suspend Ningi was that of the Senate sitting in plenary and not that of his client, Akpabio.
