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  • Registered Voters Disfranchised by Flood as INEC Asks Nigerians to Elect Good Leaders

    Thousands of Nigerians will not cast their ballots during the 2023 general elections due to the devastating flood across the country last year.

    The flood which affected nearly all the states of the federation swept away homes and farmlands, killing several people.

    The flood did not only bring hardship and anguish but would also cause the disfranchisement of many registered voters who lost their voter cards to the disaster.

    “I had the intention to vote during the election,” she said. “I went to the INEC local government to enquire on how to get another or alternative. They have been dribbling me, telling me to go and come back every time and me who is walking with clutches, how do I cope?”

    In Agaba Community in Yenagoa in Bayelsa State, Eno Akpan, a pastor at Liberty Gospel Church, was also affected by the flood, including most of the community members who are predominantly farmers and fishers.

    He said while the cost of living is still very high as a result of the negative effects of the flood, the state was completely cut off from the rest of the world during the flood.

    The clergyman acknowledged that a good number of his congregation lost their voter cards.

    “Some of my members have lost their cards but I sensitize them on the need to vote for credible candidates,” he said. “We have experienced a lot of things and I made that a point of duty not only to my congregation but go the extra mile to ensure we don’t experience these things again because we have made mistakes as a Nigeria.”

    Another Pastor in Liberty Gospel Church, Abel Deriabebe expressed sadness about his lost PVC, noting that it would have made his preaching more effective if he would vote in the election.

    “The condition of the election is that without your PVC, you cannot cast your vote and with the situation, we find ourselves we can’t vote,” Deriabebe said.

    “For the presidential and other offices, Nigerians should choose wisely, someone who can lead us right,” he added.

    In Ikom in Central Cross River, Kingsley Nkoro said that “When the water had cleared, the wallet holding my PVC, ATM card, and other ID cards as well as the file holding my credentials were washed away.”

    He said upon visiting the INEC office, he was told nothing can be done until after the elections.

    Also, Animi Gladys told CrossRiverWatch that she lost money alongside her PVC in the flood.

    An APC bigwig in Calabar South, Cross River State who did not want to be mentioned told CrossRiverWatch that “funny enough not everyone you see has their PVC, like me who is part of the presidential campaign team in the State, I don’t have my PVC. I lost it in Bayelsa during the flood.

    “I visited INEC when I returned and was told nothing can be done. Because of that, I hide when PVC is mentioned at party events, because I’m a respected member no one will insist on seeing the hard copy. I only present the one I had snapped.”

    INEC’s inability to provide voting alternatives to the victims of the flood has raised a public uproar.

    While victims of the flood say they have launched several complaints to the electoral umpire for a quick solution to the quagmire to no avail, stakeholders in some Niger Delta states say with this development, INEC still has a long way to go.

    Comrade Godswill Enefe, Niger Delta-based activist told CrossRiverWatch that INEC had decided to make its registration and PVC collection too cumbersome instead of applying modern technology to make processes easy for Nigerians.

    “INEC is still backwards in the sense that who would have expected even when people lose their PVC, all you need to do is to go online and reprint.

    “On the peculiar case of flooding victims, you would think INEC would have had the human face to what they are doing and set up an ad-hoc desk to carter for those areas that were ravaged by the flood so they can have a makeshift arrangement to see how they can get these persons to get their PVCs.” He said.

    Similarly, the Advocacy Lead for We The People (WTP), Ukeme Ekong, urged INEC to be proactive in times of emergencies.

    Ukeme who doubles as the Deputy Coordinator for Vote Not Fight, Election No Be Campaign, Cross River State posits that if banks can quickly issue Automated Teller Machine (ATM) cards misplaced or damaged in a jiffy, INEC can achieve that.

    She said nobody should be disenfranchised because a natural disaster happened adding: “PVC registration and collection shouldn’t be something that is done every four years. Let’s move our registration, collection, and voting electronically so that all these bottlenecks will be minimized if not stopped.”

    She added that “the flood should not be what will stop them from performing their civil rights, likewise, INEC should not stop them.”

    INEC did not respond to CrossRiverWatch’s multiple requests for comment on the matter.

    This  investigation was supported by Civic Media Lab.

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  • Buhari Orders CBN to return old N200 Note into Circulation

    By Kenneth AFOR |

    President Muhammadu Buhari, ordered the Central Bank of Nigeria (CBN) re-inject the old N200 note into circulation making it a legal tender from February 10, 2023 to April 10, 2023.

    The president disclosed this during the nationwide broadcast on Thursday, February 16, 2023.

    The president said the old N200 note and the new note including the new N500 and N1,000 notes will run concurrently in circulation.

    The old N500 and N1,000 notes cease to be legal tender.

    The president also directed the apex bank to ensure that the accepted naira notes be adequate in circulation.

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  • Attacks on Opposition: SERAP seeks ICC Probe of Election-related Violence

    Socio-Economic Rights and Accountability Project (SERAP) has asked the International Criminal Court (ICC) to “promptly seek authorisation from the ICC Chamber to commence an investigation into the situation in Nigeria in relation to the growing cases of pre-election violence, which if not addressed may escalate and lead to post-election violence in the country.”

    The petition dated 11 February, 2023 was sent to Mr Karim Khan, QC, Prosecutor, ICC.

    The organization urged Mr Khan to “urgently send the ICC legal team to Nigeria to promote free and fair elections in the country, and gather potential proof of election-related violence before, during and after the general elections.”

    The petition followed reports of election-related violence in several states including Lagos, Rivers, and Kaduna states. Over 4,000 cases of violent attacks and 11,000 fatalities were reported across the country between 1 January 2022 and 3 February 2023 alone.

    In the petition signed by SERAP deputy director Kolawole Oluwadare, the organization said: “These cases reflect the gravest election-related crimes in several states ahead of the general elections.”

    SERAP said, “Based on these cases and other similar cases and trends of election violence, we believe that opening an investigation into the situation in Nigeria will be in the interests of justice.”

    The petition, read in part: “SERAP urges you to seek authorisation from the ICC Chamber to commence an investigation into the situation in Nigeria in relation to election-related violence that may be committed during and after the elections scheduled for February and March 2023.

    “SERAP also urges you to identify the suspected perpetrators of election-related violence and those individuals who bear the greatest responsibility for encouraging or facilitating these crimes, and to ensure their effective prosecution by the ICC.”

    “These are not isolated acts, but part of growing cases of election violence, thus constituting crimes against humanity.”

    “Seeking authorisation from the ICC Chamber to commence an investigation in relation to election-related violence that may be committed after the general elections is consistent with Article 53(1)(a) of the Rome Statute which allows investigation into ‘a crime which has been or is being committed.’”

    SERAP notes that the Prosecutor has consistently relied on the provisions of Article 15 of the Rome Statute and Regulation 49 of the ICC to investigate cases of election-related violence in other countries, including Cote d’Ivoire and Kenya.”

    “The requested investigation is neither frivolous nor politically motivated. Cases of election-related violence are rarely investigated by the Nigerian authorities. Nigerian authorities are unwilling or unable genuinely to carry out the investigation or prosecution.”

    “As a result, suspected perpetrators and those who encourage or facilitate their crimes continue to enjoy impunity. Victims continue to be denied access to justice and effective remedies.”

    “The escalating cases of election-related violence in Nigeria meet the requirements of the Rome Statute and provide reasonable basis for you to promptly commence an investigation, particularly given the gravity of these cases and the interests of victims.”

    “The test of ‘reasonable basis to believe’ is the lowest evidential standard provided by the Rome Statute. Thus, the information available to the Prosecutor to make a request for investigation is not expected to be ‘comprehensive’ or ‘conclusive’.”

    “It is necessary to ensure that any request for authorisation covers investigation into ongoing and continuing election-related crimes during and after the elections, especially given the volatile political environment in the country and the entrenched impunity for these crimes.”

    “The incidents of election-related violence strike at the integrity of the democratic process in the country, and undermine the right of Nigerians to participate in their own government.”

    “Victims have been let down when it has come to the prevention and prosecution of these offences, largely because they are regarded as an accepted concomitant of elections in the country.”

    “The available information provides a reasonable basis to believe that crimes against humanity under Article 7 of the Rome Statute of the International Criminal Court are being committed and may be committed across the country ahead of the elections.”

    “Nigeria is a state party to the Rome Statute and deposited its instrument of ratification on 27 September 2001.”

    “According to our information, opposition supporters are routinely targeted, attacked, beaten and ill-treated and subjected to other physical abuse. Violent attacks against political opponents or persons perceived to support the political opponents continue to be reported.”

    “According to the Nigeria Election Violence Tracker by the Armed Conflict Location & Event Data Project (ACLED) and the Centre for Democracy & Development (CDD), there were over 4,000 cases of violent attacks and 11,000 fatalities between 1 January 2022 and 3 February 2023 alone.”

    “State governors continue to suppress campaigns by opposition parties within their states, and fail to ensure the security and public safety of opposition candidates, members and supporters.”

    “These cases followed other growing reports of election-related intimidation, harassment and violence in several parts of the country including Abia, Lagos, Imo, Kaduna, Kano and Rivers states.”

    “Nigeria has a long history of election-related violence. Dozens of people were killed during the 2019 general election. In 2011, hundreds of people were killed in post-election violence.”

    “Under Article 15(1) of the Rome Statute, the Prosecutor may initiate investigations proprio motu on the basis of information on crimes that are within the jurisdiction of the Court.”

    “In accordance with Article 15(3) of the Statute, if the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, he shall submit a request for authorisation for an investigation, together with any supporting material that has been collected.”

    “Under Article 7(1) of the Statute, a crime against humanity involves any of the specified acts that are listed when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.”

    “Similarly, pursuant to Regulation 49 of the Regulations of the Court, the Prosecutor can provide information to the Chamber on the basis of information by non-governmental organisations and the media.”

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  • How Politicians Gave N500 To Each Resident In Bauchi State Community To Mobilise Them To Obtain PVCs

    Yakubu Mohammed, Wikkitimes

    A one-day trip to Gamawa to collect Permanent Voters Card (PVC) is a luxury that Musa Yunusa, a resident of Kadi-Kadi community in Gamawa local government area of Bauchi State, could not afford despite his willingness to vote in the 2023 polls.

    He makes an average of N500 daily from firewood.

    Left with no means to reach Gamawa, Yunusa becomes desperate to grasp any chance that knocks at his door.

    WikkiTimes gathered that traditional rulers in the area sought help from politicians to help Yunusa and others to get their voter cards.

    “They gave us money and other welfare packages to mobilise people for PVC collection,” Abdullahi Saleh, Mai Anguwan Dole said, stressing that he had no idea of how their senior traditional rulers were able to source the resources being disbursed.

    WikkiTimes gathered that political candidates and political parties partnered with traditional rulers in Gamawa to facilitate PVC registration for residents of remote villages in the area. They deployed different strategies to get prospective voters to pick up their voter cards.

    Alhaji Ibrahim Aliyu Kesa, the PDP’s Deputy Chairman of Gamawa Local Government Area, said he was satisfied with what the party did in the area to sponsor potential voters to register with INEC.

    “I cannot tell you all the strategies we used to influence the people of Gamawa to acquire their PVCs. Sometimes we give money,” he said.

    For Bello Sarki Jadori who represents Gamawa at the State House of Assembly, WikkiTimes reliably gathered that he sponsored a social media team of three young and agile men who visit remote communities to enrol potential voters’ personal data into the INEC PVC registration portal before completing physical registration at the INEC office in Gamawa later in the day.

    On average, the team, led by Usman Alhaji Bundujaru, captured between 50 and 60 people daily. The team went to four different communities twice each.

    “Hon Jadori supported our people in rural communities of Gamawa local government with transportation fares and other logistics to visit the Gamawa INEC office to complete their voter registration,” said Musa Umar, a resident of Gamawa.

    While this may appear to be a call to national duty from a neutral standpoint, the politicians and their political parties have a different agenda. They want to use this to gain cheap and undue acceptance from voters.

    IN NINGI, CANDIDATES SPONSOR RURAL DWELLERS TO REGISTER FOR PVC

    Aspirants in Ningi local government area of Bauchi State paid residents of rural communities in the area an average of N500 daily stipend to register and get their PVCs, WikkiTimes reliably gathered.

    Nazif Abdullahi Rio, Chairman of Abdul Ningi Ambassadors said they expended over N1,000,000 to get people from the area registered as voters.

    Abdullahi said, “We gave N500 to some rural dwellers as motivation before the concert to register with INEC. Most of them needed that kind of support before they could register.”

    Ibrahim Gom, a prospective voter in Ningi who is worried about the deceptive tendencies of political candidates, said the average voter easily identified with people who offered them assistance; hence, candidates who assisted prospective voters to register and collect their voter cards after registration are more likely to have voters’ sympathy during the election than those who did not.

    He said despite the assistance they received while making registration with INEC, their PVCs are safe with them, stressing that “we don’t give any data about our PVCs to anybody no matter what, but we are open to aligning with anybody who aligns with our interest.”

    Dr. Hamid Adamu Muhammad, a lecturer with the Department of Mass Communication at the Federal Polytechnic, Bauchi observed that in an ideal democratic setting, aspirants jostling for various elective positions present themselves to the electorate without offering unnecessary assistance.

    “The context is the overall perception of politics, standing for election, and voting in Nigeria. This is a normal thing in the Nigerian context – politicians do not see themselves fit for any elective position they aspire for if they don’t spend money,” Muhammad said.

    “So, they will be looking for the slightest opportunity to make themselves look like good Samaritans to the voters,” he added.

    “There is a close correlation between helping somebody secure the PVC and him or her voting for you,” Muhammad continued. “Sometimes somebody may just feel guilty. This politician is the one who helped me get this card; how can I use the same card to vote for someone else rather than him.”

     

    This report was published with support from Civic Media Lab.

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  • SERAP Sues Lawan, Gbajabiamila over ‘unlawful N228.1bn NASS Budget’

    Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Senate President, Dr Ahmad Lawan and Speaker of House of Representatives, Mr Femi Gbajabiamila over their “failure to cut the unlawful National Assembly budget of N228.1bn, including the N30.17bn severance payments and inauguration costs for members.”

    The suit followed the move by the National Assembly to increase its 2023 budget from N169bn proposed by President Muhammadu Buhari to N228.1bn. The approved budget shows an increase of about N59.1bn. The country’s budget of N21.83tn is based on a N10.49tn revenue, and N11.34tn deficit.

    In the suit number FHC/ABJ/CS/152/2023 filed last Friday at the Federal High Court in Abuja, SERAP is seeking: “an order of mandamus to direct and compel Dr Lawan and Mr Gbajabiamila to review and reduce the budget of N228.1bn the leadership and members of the National Assembly allocated for their own benefit.”

    SERAP is also seeking: “an order restraining and stopping Ms Zainab Ahmed, Minister of Finance, Budget and National Planning from releasing to the National Assembly the budget of N228.1bn, until an impact assessment of the spending on access to public goods and services and the country’s debt crisis, is carried out.”

    SERAP is also seeking: “an order restraining and stopping Dr Lawan and Mr Gbajabiamila from demanding or collecting the National Assembly budget of N228.1bn, until an impact assessment of the spending on access to public goods and services and the country’s debt crisis, is carried out.”

    In the suit, SERAP is arguing that: “It is a grave violation of the public trust and constitutional oath of office for the members of the National Assembly to increase their own budget at a time when some 133 million Nigerians are living in poverty.”

    According to SERAP: “The National Assembly budget of N228.1bn is higher than the statutory transfer to the Universal Basic Education Commission (UBEC), which is N103.3bn.”

    SERAP is arguing that, “The increase is unreasonable, as it would substantially increase the cost of governance, and exacerbate the country’s debt crisis. It is unlawful, and unfair to the Nigerian people.”

    SERAP is also arguing that, “Cutting the National Assembly budget would reduce the growing budget deficit, address the unsustainable debt burden, and serve the public interest.”

    SERAP is arguing that, “by increasing its own budget, the National Assembly has unjustifiably and disproportionately reduced the budget for the Universal Basic Education Commission (UBEC).”

    SERAP is also arguing that, “This is a travesty, especially given that Nigeria currently has over 20 million out-of-school children, and half of all poor people in the country are children.”

    The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Atinuke Adejuyigbe, read in part: “The budget should reflect national development priorities, and not serve as a tool to satisfy the lifestyle of lawmakers or provide them with severance payments or parting gifts.”

    “Rather than exercising its oversight functions to check the persistent borrowing by President Muhammadu Buhari, and scrutinising the apparently unlawful overdrafts and loans obtained by the Federal Government from the Central Bank of Nigeria, the National Assembly is increasing its own budget.”

    “The increase in the National Assembly budget, including the unnecessary proposed spending of N30.17bn on ‘severance payments’ and ‘inauguration expenses’ is a fundamental breach of the Nigerian Constitution of 1999 [as amended] and the country’s international human rights obligations.”

    “It is unjustifiable and unreasonable for the National Assembly to arbitrarily increase its own budget when the Federal Government and many of the 36 states are clearly in debt distress or at high risk of debt distress.”

    “The National Assembly budget of N228.1bn would increase the country’s borrowing and debt crisis. Growing debt burdens and debt repayment difficulties will have negative impacts on the ability of poor and vulnerable Nigerians to enjoy basic socio-economic rights.”

    “Long-term unsustainable debt can be a barrier to the government’s ability to mobilize resources for human rights, and may lead to taxes and user fees that impact negatively on poor and vulnerable Nigerians.”

    “The leadership and members of the National Assembly ought to properly discharge their constitutional and fiduciary duties to Nigerians by ensuring judicious spending of public funds, especially given the current economic and financial realities of Nigeria.”

    “Nigerians have a right to honest and faithful performance by their public officials including lawmakers, as public officials owe a fiduciary duty to the general citizenry. All those who hold the strings of political power and power over spending of Nigeria’s commonwealth ought not to use their entrusted position for personal gain.”

    “Section 14(2)(b) of the Nigerian Constitution of 1999 [as amended] provides that, ‘the security and welfare of the people shall be the primary purpose of government.”

    “Under Section 16(1)(a)(b), the National Assembly has the obligations to ‘harness the resources of the nation and promote national prosperity and an efficient, a dynamic and self-reliant economy’, and to ‘secure the maximum welfare, freedom and happiness of every citizen.’”

    “Section 81 of the Nigerian Constitution makes clear that it is the constitutional responsibility of the President to prepare and present estimates of the revenues and expenditure of the country before the National Assembly and not for the lawmakers to unilaterally and arbitrarily allocate public funds to themselves.”

    “Nigeria has also ratified the African Charter on Human and Peoples’ Rights and the International Covenant on Economic, Social and Cultural Rights, which recognize legally enforceable economic and social rights, such as the rights to education, health, safe food and clean water, security, and shelter.”

    “Section 51 of the Fiscal Responsibility Act provides that, ‘a person shall have legal capacity to enforce the provision of this Act by obtaining prerogative orders or other remedies at the Federal High Court, without having to show any special particular interest.’”

    Joined in the suit as Defendants are President Muhammadu Buhari; the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN; and the Minister of Finance, Budget and National Planning, Zainab Ahmed.

    No date has been fixed for the hearing of the suit.

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  • 2023: Group to Organise Presidential Town Hall on Environment, Climate Change

    A climate change and environmental think tank in Nigeria and Africa, Health of Mother Earth Foundation (HOMEF), and its partners, We the People, Corporate Accountability and Public Participation Africa (CAPPA) and the University of Abuja, will organise a presidential town hall on environment, climate change.

    The aim of the event is premised on assessing Nigeria’s environment and climate change challenges in the context of policy options ahead of the 2023 elections.

    According to EnvironNews, the townhall, scheduled for February 7, 2023, at the Main Auditorium, Faculty of Social Sciences at the University of Abuja.

    Presidential aspirants from the various political parties will have the opportunity to outline their plans and policies of the political parties in addressing the myriad of environment and climate crisis facing the country.

    In a statement on Wednesday, February 1, by Nnimmo Bassey, Director of HOMEF, “While the well-being of the environment is a critical factor in a nation where most citizens depend directly on it for their existence, the issue has not been topical in the election conversation.”

    He added: “The challenges of climate change in Nigeria have intensified in recent years. Nigeria, being one of the most impacted frontline countries, has seen an accelerated rate of desertification and flooding, twin manifestations that have seriously threatened security, and food sufficiency. Similarly, the production of crude oil and gas has resulted in profound destruction of the environment, especially in the Niger Delta.

    “Twelve years after the release of the United Nations Environment Programme report on the State of the Ogoni Environment, no significant action has been taken to remediate and curtail further oil pollution in the region.”

    The townhall meeting, according to the promoters, has the objective of providing a platform for presidential candidates in the 2023 general elections in Nigeria to discuss their plans and strategies for addressing critical environmental and climate challenges facing the country with Nigerian electorates.

    Over 1,000 participants including civil society, the media, professional organisations, trade unions, students and the academia are expected at the townhall.

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  • CBN Extends Old Naira Use Deadline Till February 10

    The Central Bank of Nigeria has extended the deadline for the exchange of old naira notes. This was announced in a statement by the apex bank.

    This was announced in a statement by Emefiele on Sunday.

    Sources – Daily Trust Breaking News

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  • Imposing Visa Restrictions on Individuals Involved in Undermining the Democratic Process in Nigeria

    Determined to see democracy thrive in Nigeria, the United States of America on Wednesday in New York announced visa restrictions on specific individuals in Nigeria for undermining the democratic process in the country.

    The US Secretary of State, Mr. Anthony J. Blinken said “Under Section 212(a)(3)C) of the Immigration and Nationality Act, these individuals will be found ineligible for visas to the United States under a policy to restrict visas of those believed to be responsible for, or complicit in, undermining democracy in Nigeria”.

    The statement said “additional persons who undermine the democratic process in Nigeria—including in the build-up to, during, and following Nigeria’s 2023 elections—may be found ineligible for U.S. visas under the policy”.

    He said certain family members of such persons may also be subject to these restrictions adding ;”We are committed to supporting and advancing democracy in Nigeria and around the world.

    The statement, however, clarified that the visa restrictions were not directed at the Nigerian people or the Government of Nigeria.

    “The visa restrictions announced today are specific to certain individuals and are not directed at the Nigerian people or the Government of Nigeria.

    “The decision to impose visa restrictions reflects the commitment of the United States to support Nigerian aspirations to combat corruption and strengthen democracy and the rule of law,” the statement added.

    In the build up to the 2019 general elections, the US government also warned that it would not grant visa to those who worked against the growth and sustainance of democracy in the country.

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  • SERAP sues Buhari over Failure to ‘Reverse Unlawful Electricity Tariff Hike

    Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari over “the failure to reverse the unlawful, unjust, and unreasonable increase in electricity tariff, and to probe the spending of public funds as ‘investments and bailouts’ to DisCos and GenCos since 2005.”

    Joined in the suit as Respondents are the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), the Nigerian Electricity Regulatory Commission (NERC), and the Nigeria Bulk Electricity Trading PLC.

    Following reported approval by the NERC, electricity tariffs were increased across DisCos in the country in December 2022. Several prepaid customers have reportedly confirmed the increase. The Minister of Power and NERC have refused to confirm or deny the increase.

    In the suit number FHC/L/CS/99/2023 filed last Friday at the Federal High Court, Lagos, SERAP is asking the court to “compel President Buhari to direct the Nigerian Electricity Regulatory Commission to reverse the unlawful, unjust and unreasonable increase in electricity tariff.”

    SERAP is also asking the court to “compel President Buhari to direct the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, SAN, and appropriate anti-corruption agencies to promptly investigate the spending of public funds as investments and bailouts to DisCos and GenCos since 2005.”

    In the suit, SERAP is arguing that, “Regular and uninterrupted access to electricity is a fundamental human right.  Electricity is an essential public service but millions of Nigerians continue to pay the price for corruption in the electricity sector–staying in darkness.”

    SERAP is also arguing that, “the increase in electricity tariff failed to follow due process of law. It is entirely inconsistent and incompatible with the provisions of the Nigerian Constitution of 1999 [as amended], the Electric Power Sector Reform Act and the country’s international human rights obligations.”

    SERAP is also arguing that, “the increase is unjustified, especially given the unreliable, inefficient and poor quality of electricity in the country. Millions of Nigerians continue to live in darkness despite the spending by governments of trillions of naira as investments and bailouts to electricity companies.”

    According to SERAP, “The Federal Government has a legal responsibility to ensure transparency and accountability in how the investments and bailouts to electricity companies are spent, to reduce vulnerability to corruption and mismanagement.”

    SERAP is also arguing that, “The government has legal obligations to effectively and progressively provide affordable, regular and uninterrupted access to electricity as a matter of human rights.”

    The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Adelanke Aremo, read in part: “The increase in electricity tariff would exacerbate the extreme poverty across the country, and undermine the ability of millions of Nigerians to satisfy basic human needs.”

    “The consequences of corruption in the electricity sector are felt by citizens on a daily basis. Corruption exposes them to pay additional costs and crazy electricity bills. Electricity supply remains inadequate and irregular.”

    “Investigating the allegations of corruption in the spending on the investments and bailouts to electricity companies, and recovering any stolen public funds would serve the public interest.”

    “The government has a sacred duty to ensure transparency and accountability in the spending of the country’s resources, including the spending of public funds as investments and bailouts to electricity companies.”

    “The latest increase in electricity tariff is coming on the heels of the NBC report which shows that over half of the population of Nigeria are multidimensionally poor and cook with dung, wood or charcoal, rather than cleaner energy.”

    “High deprivations are also apparent nationally in sanitation, time to healthcare, food insecurity, and housing. Access to regular electricity supply would improve the quality of life of the population.”

    “Access to affordable electricity services is a prerequisite for improving the condition of people living in poverty. It is a means to generate other important services that mitigate poverty, bearing in mind that access to electricity facilitates the eradication of poverty.”

    “The hike in tariff would increase financial burdens for socially and economically vulnerable Nigerians and further marginalize and disproportionately affect them, and exacerbate their vulnerability to discrimination.”

    “The failure of successive governments and high-ranking government officials to prevent widespread and systematic corruption in the electricity sector and to bring suspected perpetrators to justice is the primary cause of the exploitation of electricity consumers.

    “Investigating the spending of investments and bailouts by successive governments in DISCOS and prosecuting anyone suspected of corruption and mismanagement of public funds, and recovering any proceeds of crime would end a culture of impunity in the power sector, and improve access to and affordability of electricity in Nigeria.”

    “Successive governments have failed to increase power generation and provide Nigerians with regular and uninterrupted electricity supply, with many electricity contracts shrouded in secrecy, and trillions of Naira going down the drain.”

    “SERAP is also asking the court to “compel President Buhari to ensure the prosecution of anyone suspected to be responsible for misappropriation of investments and bailouts in the power sector, if there is sufficient admissible evidence, and any missing public funds should be traced and fully recovered.”

    “SERAP is also asking the court to “compel and direct the Nigerian Electricity Regulatory Commission to reverse the unlawful, unjust and unreasonable increase in electricity tariff, which reportedly occurred in December 2022.”

    “Section 14(2)(b) of the Nigerian Constitution of 1999 [as amended] provides that, ‘the security and welfare of the people shall be the primary purpose of government.’”

    “Nigeria has also ratified the African Charter on Human and Peoples’ Rights and the International Covenant on Economic, Social and Cultural Rights, which recognize legally enforceable economic and social rights, such as the rights to education, health, safe food and clean water, security, and shelter.”

    “Articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on the government to ensure proper management of public affairs and public funds, and to promote sound and transparent administration of public affairs.”

    “The African Commission on Human and Peoples’ Rights has adjudged the failure of the States to provide basic services such as electricity as violating the right to health.”

    No date has been fixed for the hearing of the suit.

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  • NACTAL Presents Bill for Amendment of TIPPEA Act 2022

    The Network Against Child Trafficking, Abuse and Labour (NACTAL) on Wednesday, January 18, presented the Trafficking in Persons (Prohibition) Enforcement and Administration Act (TIPPEA) bill to the House Committee members on Human Rights in the Nigeria’s House of Representatives for the proposed amendment.

    NACTAL in its presentation to the House Committee said the bill which seeks to amend the TIPPEA Act, Laws of the Federation of Nigeria 2015 (originally enacted in 2003) and to enact the Act (TIPPEA, 2022) will strengthen the Act by reviewing the Offences and Penalty Provisions, and Related Matters.

    The organisation in its memorandum signed by its National President, Abdulganiyu Abubakar, appreciates the efforts of members of the House Committee in ensuring that the public were carried along and participated during the hearing.

    “We, at the Network Against Child Trafficking, Abuse and Labour (NACTAL), submit this Memorandum to the House Committee on Human Rights. We appreciate the efforts of this great committee for holding Public Hearing to elucidate citizen participation and adopting an inclusive process for the public hearing,” it stated.

    According to the organisation, the proposed amendment would deepen the involvement of like minded organisations towards the fight against human trafficking in the country.

    “Our proposed amendments is hinged on the fact that human trafficking is continuously evolving
    and the need to deepen the involvement of local Civil Society Organizations in the fight against human trafficking for more sustainable outcomes.

    “Having considered the current TIPPEA Amendment Bill 2022 under review by this honorable committee, we wish to contribute to the review process by highlighting amendments which would provide a more equitable, all-inclusive, and victim-centered legal regime for trafficking in persons in Nigeria,” it noted.

    NACTAL however recommended that, “That all TIP cases when prosecuted be custodian and fined and no option of fine or sentence.

    “Going by the Labour Act, 15 years old is the recommended. 18 is not realistic.

    “Section 46: the second should include Any officer or any person who distort, altered, or destroyed evidence of prosecution should be punished for the period not less than 5 years imprisonment and three (3) million naira.

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