The Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to President Muhammadu Buhari requesting him to “instruct Mr Abubakar Malami, SAN, Minister of Justice and Attorney General of the Federation, to take immediate steps to expeditiously, diligently, effectively and fairly prosecute high-profile corruption cases, and to publish details of the whereabouts of allegedly missing case files, as well as the status of prosecution of all the cases being handled by his office.”
SERAP said: “The high-profile corruption cases include 103
cases reportedly sent by the Economic and Financial Crimes Commission [EFCC] in
2017, and the 15 allegedly missing case files sent by the now defunct Special
Presidential Investigation Panel on the Recovery of Public Property [SPIP] in
2019 to Mr Malami.”
In the letter dated 26 September, 2020 and signed by SERAP
deputy director Kolawole Oluwadare, the organization said: “The authorities’
failure to diligently and expeditiously prosecute high profile corruption cases
amounts to a fundamental breach of constitutional and international
obligations. Continuing failure to prosecute these cases may create the
perception of a deliberate effort to protect those considered to be very
influential and powerful.”
“The fact that these
cases have been pending for several years suggests that your government has not
carried out its public, constitutional and international obligations, including
the obligations to show that no one is above the law as far as the fight
against corruption is concerned.”
“Public interest demands that high-profile corruption cases
are concluded within a reasonable time so that those guilty are punished and
the innocent are set free. The rule of law and the preservation of democracy
also require that the authorities duly proceed in accordance with the law
against every high-profile person suspected of grand corruption, irrespective
of where he/she is placed in the political hierarchy.”
The letter, which was copied to Mr Malami, read in part:
“SERAP is seriously concerned about the apparent inertia by the authorities to
diligently and expeditiously prosecute high-profile corruption cases. While
many of these cases have been dragging before your assumption of office in May
2015, several of the cases have not satisfactorily progressed, contrary to
Nigerians’ expectations.”
“Speedily, diligently, effectively and fairly prosecuting
high-profile corruption cases would demonstrate your government’s commitment to
enhance probity in public life and willingness to enforce accountability in
public life. The basic postulate of the concept of equality: ‘Be you ever so
high, the law is above you’, should be your government’s approach to high
profile corruption cases.”
“Our requests are brought in the public interest, and in
keeping with the requirements of the Nigerian Constitution 1999 [as amended]
particularly section 15[5], and Nigeria’s international obligations, including
under the UN Convention against Corruption and the African Union Convention on
Preventing and Combating Corruption, as well as the rule of law.”
“We hope that the aspects highlighted will help guide your
actions in acting to ensure the diligent, expeditious and effective prosecution
of longstanding high-profile corruption cases, including the 103 cases and the
allegedly missing 15 case files of high-profile corruption suspects.”
“We would be grateful if your government begins to implement
the recommended action and measures within 14 days of the receipt and/or
publication of this letter.”
“If we have not heard from you by then as to the steps being
taken in this direction, the Registered Trustees of SERAP shall take all
appropriate legal actions to compel your government to pursue prosecution of
these longstanding high-profile corruption cases to their logical conclusion,
and to regularly report to Nigerians on the progress of prosecution.”
“People get frustrated in the system if the process of
justice is not allowed to take its normal course, more so, when apparently
deliberate attempts are made to subvert and delay the process.”
“There is a nexus between corruption at high places in
public life and threats to the integrity, welfare, security and economy of the
country, as well as the rule of law. There is therefore a clear need for an
expeditious, diligent and effective prosecution of these cases, which have
already been delayed for several years.”
“Expeditious prosecution of those suspected of grand
corruption irrespective of the position and status of that person is imperative
to retain public confidence in the ability and willingness of authorities to
prevent and combat corruption.”
“According to our information, details of about 103
high-profile corruption cases being handled by the Economic and Financial
Crimes Commission [EFCC] were reportedly made available in 2017 to the Office
of the Attorney-General of the Federation and Minister of Justice upon
request.”
“Further, the case files of 15 high-profile corruption
suspects are allegedly missing. The missing files are among the 23 cases
reportedly sent by the now defunct Special Presidential Investigation Panel on
the Recovery of Public Property, [SPIP] in 2019 to Mr Malami, and include some
charges of fraud involving some former governors and senators, as well as
non-declaration of assets and possession of foreign accounts cases.”
SERAP therefore urged President Buhari to instruct Mr Malami
to:
“By Section 1 (1) of the Freedom of Information (FoI) Act
2011, and article 9 of the African Charter on Human and Peoples’ Rights, SERAP
is entitled as of right to request for or gain access to information, including
information on the details of the whereabouts of allegedly missing 15 case
files of high-profile individuals suspected of grand corruption, and the status
of prosecution of the cases, as well as those of the 103 cases reportedly sent
to Mr Malami.”
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