The Socio-Economic Rights and Accountability Project (SERAP), has asked a Federal High Court in Abuja for an order of mandamus, seeking to compel the senate president, Godswill Akpabio, to refer the alleged N3.7 trillion budget padding to appropriate anti-corruption agencies for investigation and prosecution of suspected perpetrators.
SERAP urged the court, in the suit marked FHC/ABJ/CS/452/2024, for an order of mandamus to compel Akpabio to immediately take steps to ensure the reinstatement of Senator 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.
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Akpabio was sued for himself and on behalf of all members of the Nigerian Senate in the suit, which has yet to be assigned to a judge.
In an affidavit attached to the suit, SERAP argued that section 15(5) of the 1999 Constitution requires public institutions to abolish all corrupt practices and abuses of power.
The organisation also averred that Section 16(2) of the 1999 Constitution further provides that ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.
It further contended that section 13 of the Constitution imposes clear responsibility on the National Assembly, including the Senate to conform to, observe and apply the provisions of Chapter 2 of the Constitution.
The plaintiff submitted that section 81 of the 1999 Constitution and sections 13 and 18 of the Fiscal Responsibility Act constrain the ability of the National Assembly to unilaterally insert its allocations in the budget without following the due process of law.
SERAP also argued that if the court grants its application, it would serve the public interest, encourage whistleblowers to speak up, improve public services, and ensure transparency and accountability in the management of public resources.
The plaintiff stated that the allegations by Senator Ningi amount to public interest disclosures and can contribute to strengthening transparency and democratic accountability in the Senate in particular and the country as a whole.
SERAP contended that Senator Ningi’s status as a whistleblower is not diminished even if the perceived threat to the public interest has not materialised because he seems to have reasonable grounds to believe in the accuracy of the allegations of budget padding and corruption in the Senate.
The civil society organisation maintained that if the court ordered Akpabio to refer the allegations to the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic and Financial Crimes Commission (EFCC), it would ensure integrity and accountability in the budget process.
The plaintiff further insisted that investigating and prosecuting the allegations of budget padding and corruption would end the impunity of perpetrators and build trust in democratic institutions to strengthen the rule of law.
SERAP noted that years of allegations of budget padding and corruption in implementing constituency projects have contributed to widespread poverty, underdevelopment, and lack of access to public goods and services.
No date has been fixed for the hearing of the suit.