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  • SERAP Sues Buhari over Alleged Missing N881bn in 367 MDAs

    SERAP Sues Buhari over Alleged Missing N881bn in 367 MDAs

    Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari over his failure to probe allegations that over N880 billion of public funds are missing from 367 ministries, departments and agencies (MDAs) to ensure the prosecution of those suspected to be responsible, and the recovery of any missing or diverted public funds.

    Joined in the suit as respondents are the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), and the Minister of Finance, Budget and National Planning, Zainab Ahmed.

    The suit followed the grim allegations contained in part 2 of the 2018 annual audited report by the Office of the Auditor-General of the Federation that ₦880,894,733,084.811 was spent by 367 MDAs without any appropriation.

    In the suit number FHC/ABJ/CS/1281/2021 filed last week at the Federal High Court in Abuja, SERAP is seeking an order of mandamus to direct and compel President Buhari to promptly investigate the alleged missing funds and to ensure the prosecution of those suspected to be responsible, and the full recovery of any missing, mismanaged or diverted public funds.

    The suit filed on behalf of SERAP by its lawyer, Kolawole Oluwadare, read in part: “The failure to investigate the allegations of grand corruption contained in part 2 of the 2018 annual audited report constitutes a grave violation of the duty placed on the Nigerian government to take appropriate measures to promote transparency and accountability in the management of public finances.

    “Recovering the alleged missing public funds would reduce the pressure on the federal government to borrow more money to fund the budget, enable the authorities to meet the country’s constitutional and international obligations and reduce the growing level of public debts.

    “These damning revelations suggest a grave violation of the public trust, the Nigerian Constitution of 1999, and international human rights and anti-corruption standards. Spending of public funds without appropriation will create opportunities for corruption. Transparent and accountable public financial management is a key pillar of good governance, and of vital importance to provide public goods and services to citizens, as well as to create and maintain fair and sustainable economic and social conditions in the country. No date has been fixed for the hearing of the suit.”

  • Reps reads the riot act to MDA’s on tampering with 2020 Budget

    Reps reads the riot act to MDA’s on tampering with 2020 Budget

    The House of Representatives has enjoined Ministries, Department and Agencies (MDAs) of the federal government to desist from tampering with the 2020 budget.

    The Chairman of the House Committee on Appropriation, Mr Muktar Aliyu Betara issued the warning in a statement in Abuja following the submission of the revised 2020 budget proposal by President Muhammadu Buhari.

    The House noted that no MDA has powers to tinker with the budget as only the National Assembly is statutorily empowered to review, adjust, consider and pass the budget.

    The statement reads “there were reports that following the downward review of the budget from N10.59 trillion to N10.52 trillion due to the COVID-19 crisis and the dwindling oil prices, some MDA’s were already adjusting the budget proposal to suit their needs.

    “Such acts will not be condoned by the National Assembly as any MDA or official found to be engaged in such illegal practices will be made to face the music”.

    “I want to warn that no other arm or department of government has any power over budget except the legislature, which is the National Assembly. It is only the National Assembly that can review the budget and we have begun the process.

    “I would like to refresh the memory of those erring MDAs or officers of the Executive that sections 80- 84 of the 1999 constitution (as amended) confers appropriation powers on the parliament as well as its responsibilities over the national purse. So, nobody should engage any unlawful act concerning the budget”

    The stressed that both the 1999 Constitution and Fiscal Responsibility Act, 2007 provide for no limitations on the National Assembly’s power to amend the Appropriations bill.

    According to the Appropriation Committee Chairman, “Section 80 (4) specifically provided that ‘no money shall be withdrawn from the Consolidated Revenue Fund or any other public fund of the Federation, except in the manner prescribed by the National Assembly’, therefore, we shall not shirk in our responsibilities and we will also not hesitate to wield the big stick on whoever goes beyond his brief to tamper with the budget”

    Betara informed that because of the importance the National Assembly attached to the budget, members of the relevant committees will continue work on it during the two-week Sallah break, stressing that “the break will not in any way affect our consideration of the budget because it is critical to the survival of our nation at this trying period”

    He assured that the House of Representatives Committee on Appropriation is committed to working with other relevant committees, the Senate and Executive to have workable and implementable budget to help the country overcome the negative economic effects of COVID-19.

    “We hope to finish work on the budget in record time so that its implementation will still remain within the January -December budget cycle”, he stated.