SERAP Sues Buhari Over Alleged Missing N11trn Electricity Fund

Socio-Economic Rights and Accountability Project (SERAP) has dragged President Muhammadu Buhari before the Federal High Court in Lagos over the alleged failure of the Federal Government to probe allegations that over N11 trillion budgeted for electricity supply since 1999.

SERAP, in the suit which is yet to be assigned to a judge, is seeking an order of mandamus, directing President Buhari to investigate how the funds, which it claimed was stolen, mismanaged or diverted into private pockets, was spent.

The civil society organisation is also seeking “an order of mandamus to compel President Buhari to ensure the prosecution of anyone suspected to be responsible for the missing electricity fund, as appropriate, and to ensure the tracing and full recovery of any missing public funds.”

SERAP is further asking the court for an order of mandamus to direct and compel the President to refer to the International Criminal Court all unimplemented reports of corruption in the electricity sector gathering dust on the shelves, and to arrest and surrender those named in the reports to the court for prosecution.

Joined in the suit as respondent is Mr Abubakar Malami, SAN who is the attorney-general of the Federation and minister of Justice.

In an affidavit attached to the suit, SERAP argued that it is in the public interest to ensure justice and accountability for alleged corruption and mismanagement in the electricity sector, which has resulted in the failure of governments to solve Nigeria’s perennial power problem.

The organisation stated, “the staggering amounts of public funds alleged to have been stolen over the years in the sector have had catastrophic effects on the lives of millions of Nigerians, akin to crimes against humanity against the Nigerian people.

“The failure to trace, find and recover the missing electricity fund is antithetical to the public interest, the requirements of the Nigerian Constitution 1999 [as amended], and the country’s international obligations.”

“Nigerians have for far too long been denied justice and the opportunity to get to the bottom of why they continue to pay the price for corruption in the electricity sector–staying in darkness, but still made to pay crazy electricity bills.”

“Investigating the allegations of missing N11 trillion electricity funds, prosecuting suspected perpetrators and recovering any missing public funds would end a culture of impunity. It would also address persistent collapse of the electricity grid, and improve access to and affordability of electricity in the country.’’

SERAP averred that corruption in the electricity sector and the lack of transparency and accountability in the use of public funds to support the operations of DISCOS had resulted in regular blackouts, electricity grid collapse, and unlawful hike in electricity tariffs.

According to the group, Nigeria has made legally binding commitments under the UN Convention against corruption to ensure accountability in the management of public resources, adding that the commitments ought to be fully upheld and respected.

“Corruption in the electricity sector has also continued to disproportionately affect the most disadvantaged and vulnerable sectors of the population who cannot readily afford expensive generators in order to have a reliable power supply, ’’they said.

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According to SERAP, the failure of successive governments and high-ranking government officials to prevent corruption in the electricity sector and to bring suspected perpetrators to justice is the primary cause of the persistent crisis in the electricity sector, including the exploitation of electricity consumers and collapse of the electricity grid.’’

They pointed out that the African Commission on Human and Peoples’ Rights has fingered the failure of the states to provide basic services such as electricity as violating the right to health.

“Citizens are frustrated at persistent allegations of corruption in the sector, and the impacts on their human rights. Prosecuting perpetrators would address the grave travesty that has for many years occurred in the power sector.

“Impunity for corruption in the electricity sector has for many years forced ordinary Nigerians to stay in darkness, but still made to pay crazy electricity bills.

“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 said.