Missing N4.4bn NASS funds: SERAP in legal tangle with Senate President, Speaker

“In the annual audited reports for 2015, 2017 and 2018, the Auditor-General of the Federation raised “concerns about alleged diversion and misappropriation of public funds, sought the recovery of any missing funds, and asked that the evidence of recovery should be forwarded to his office”

For failing to probe and to refer to appropriate anti-corruption agencies allegations that N4.4 billion of public money budgeted for the National Assembly is missing, misappropriated, diverted or stolen, the Socio-Economic Rights and Accountability Project (SERAP) has taken the Senate President, Dr Ahmad Lawan and Speaker of House of Representatives, Mr Femi Gbajabiamila to court.

SERAP said the missing money is documented in three annual audited reports by the Office of the Auditor-General of the Federation to which NASS leadership has yet to react.

The suit followed the publication of annual audited reports for 2015, 2017 and 2018 in which the Auditor-General of the Federation raised “concerns about alleged diversion and misappropriation of public funds, sought the recovery of any missing funds, and asked that the evidence of recovery should be forwarded to his office.”

In the suit number FHC/ABJ/CS/366/2021 filed March 19 at the Federal High Court in Abuja, SERAP is seeking: “An order of mandamus directing and compelling Dr Lawan, Mr Gbajabiamila and the National Assembly to perform their constitutional oversight functions to ensure prompt and transparent investigation into the allegations that N4.4 billion budgeted for the National Assembly may be missing and unaccounted for.

“By the combined reading of the provisions of the Nigerian Constitution of 1999 [as amended], the International Covenant on Economic, Social and Cultural Rights, and the UN Convention against Corruption, which Nigeria has ratified, the National Assembly has legal duties to combat corruption, and promote transparency and accountability in the management of public resources.

“Transparency and accountability in the management of public resources and wealth is essential for promoting development, people’s welfare and well-being, and their access to basic public services, as well as good governance and the rule of law.

“The National Assembly has legal responsibility to ensure that the serious allegations of corruption and mismanagement documented by the Office of the Auditor-General of the Federation are promptly, independently, thoroughly, and transparently investigated, and to end the culture of impunity that is fuelling these allegations.

“The failure of the National Assembly to promptly and thoroughly investigate, and to refer to appropriate anti-corruption agencies the allegations documented in the annual audited reports for 2015, 2017 and 2018 is a fundamental breach of the oversight and public interest duties imposed on the legislative body by sections 4, 88 and 89 of the Nigerian Constitution.”

The suit filed on behalf of SERAP by its lawyers — Mr Kolawole Oluwadare and Ms Adelanke Aremo is contained in a statement sent to Persecondnews.

It added: “Granting this application would serve the interest of justice, reduce corruption and mismanagement, as well as end impunity of perpetrators, and advance the fundamental human rights of Nigerians.

“This suit seeks to vindicate the rule of law, the public interest, and to promote transparency and accountability. Government agencies and institutions are responsible to a court of justice for the lawfulness of what they do, and of that the court is the only judge. The National Assembly has no legally justifiable reason to refuse to investigate the allegations documented by the Office of the Auditor-General of the Federation.

“Obedience to the rule of law by all citizens but more particularly those who publicly took oath of office to protect and preserve the Constitution is a desideratum to good governance and respect for the rule of law. In a democratic society, this is meant to be a norm.”

SERAP had in a letter dated 30 January 2021 requested Dr Lawan and Mr Gbajabiamila to “use their good offices to urgently probe and refer to appropriate anti-corruption agencies allegations that N4.4 billion of public money budgeted for the National Assembly may have been misappropriated, diverted or stolen.”

The letter reads in part: “The Auditor-General noted in his 2015 report that the National Assembly account was spent N8,800,000.00 as unauthorised overdraft, contrary to Financial Regulations 710. The National Assembly also reportedly spent N115,947,016.00 without any documents. Another N158,193,066.00 spent as cash advances to 17 staff between January and June 2015 is yet to be retired.

“The Senate reportedly spent N186,866,183.42 to organise Senate Retreat and Pre-Valedictory Session for the 7th Senate, although the money was meant to pay vehicle loan. The Senate also reportedly spent N15,964,193.63 as bank charges between July and December, 2015, contrary to Financial Regulations 734.

“The House of Representatives also reportedly spent N624,377,503.30 to buy 48 Utility Vehicles. However, 14 vehicles were not supplied. The House also failed to make the 34 vehicles supplied available for verification. Similarly, the House spent N499,666,666.00 as cash advances to staff to carry out various assignments but has failed to retire the money.

“The House of Representatives also reportedly paid N70,560,000.00 as overtime and ‘special’ allowances to officials who are not legislative aides between November and December 2015 without any authority.

“The National Assembly Service Commission reportedly failed to remit N30,130,794.10 deducted from the salaries of the Executive Chairman and the Commissioners as car loan.

“The National Assembly Budget and Research Office reportedly spent N66,303,411.70 as out-of-pocket expenses without any documents. The National Institute for Legislative and Democratic Studies paid N246,256,060.51 by cheques, despite the prohibition of payments by cheque by the Federal Government, except in extreme cases, and contrary to Financial Regulation 631.

“According to the Auditor-General Report for 2017, the House of Representatives reportedly spent ₦95,212,250.00 without due process and without any documents. The National Assembly Management Account also reveals that N673,081,242.14 was spent between April and October 2017 without any documents. The Auditor-General reported that the funds may have been misappropriated.

“The Senate Account also reportedly shows that ₦1,364,816,397.95 was spent on store items without any documents to show for the spending. The Auditor-General stated that his office was denied access to the store and to the Senate’s records.

“The National Institute for Legislative and Democratic Studies also reportedly failed to remit ₦2,181,696.50 from contract of goods and services. The Institute also paid ₦67,296,478.00 without any payment vouchers.”

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