SERAP issues FG 14 days ultimatum for trial of 103 corruption cases

The Socio-Economic Rights and Accountability Project (SERAP) has demanded President Muhammadu Buhari to “instruct Minister of Justice and Attorney General of the Federation, Abubakar Malami (SAN) to take steps to immediately, diligently, effectively and fairly prosecute over 103  high-profile corruption cases.

SERAP  said Malami should also be made 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 Deputy Director, Kolawole Oluwadare made the request in a letter dated September 26, 2020 and sent to President Muhammadu Buhari.

The letter said if it does not hear from government about the steps being taken in this direction within the next 14 days “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.”

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According to the organization : “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.”

It argued  that : “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.

The letter which was copied to 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.

“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.

“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.

SERAP therefore urged President Buhari to instruct Mr Malami to:” Explain why after several years these high-profile corruption cases have not been expeditiously, diligently, effectively and satisfactorily prosecuted to logical conclusion; take immediate and concrete steps to prosecute the cases in close cooperation and collaboration with appropriate anticorruption agencies”.

“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.”