Socio-Economic Rights and Accountability Project (SERAP) has dragged the federal government before the Federal High Court in Lagos over its alleged failure to probe allegations that $2.1 billion and N3.1 trillion public funds are missing, or unaccounted for, between 2016 and 2019.
SERAP is asking the court for an order of mandamus to direct and compel President Bola Tinubu to promptly probe the alleged missing public funds.
The civil society organisation is also praying the court for an order of mandamus to compel President Tinubu to direct the anti-corruption agencies to promptly probe fuel subsidy payments made by governments since the return of democracy in 1999, name and shame and prosecute suspected perpetrators, and recover any proceeds of crimes.
The plaintiff is equally seeking an order of mandamus to direct and compel the President to use any recovered proceeds of crime as palliatives to address the impact of the subsidy removal on poor Nigerians, and to put in place mechanisms for transparency and accountability in the oil sector.
In the suit, SERAP is arguing that: “The allegations – that $2.1 billion and N3.1 trillion of public funds are missing and unaccounted – amount to a fundamental breach of national anticorruption laws and the country’s international obligations, including under the UN Convention against Corruption to which Nigeria is a state party.”
SERAP argued in the suit, which is yet to be assigned to a judge, that the Tinubu-led government has constitutional and international legal obligations to get to the bottom of these allegations and ensure accountability for these serious crimes against the Nigerian people.
The plaintiff further contended that if the court directed and compelled the president to promptly probe, name and shame and bring to justice the perpetrators and to recover any missing public funds, it would advance the right of Nigerians to restitution, compensation and guarantee of non-repetition.
The organisation also stated that allegations of corruption in fuel subsidy payments suggest that the poor have rarely benefited from the use and management of the payments.
The plaintiff maintained that poor and socio-economically vulnerable Nigerians should not be made to continue to pay the price for the stealing of the country’s oil wealth while state and non-state actors pocket public funds.
It also insisted that if the government was investigating and prosecuting the allegations, and recovering any missing public funds, it would serve public interest, ensure justice and accountability, and end the entrenched impunity of perpetrators.
SERAP further claimed that by the audited reports between 2016 and 2019 by the Auditor General of the Federation (AGF), the Nigerian National Petroleum Corporation (NNPC) failed to remit N663,896,567,227.58 into the Federation Account, with the Auditor-General fearing that the money may be missing.
SERAP said: “The NNPC also reportedly failed to account for the allocation of crude oil to refineries in 2019. 107,239,436.00 barrels of crude oil were lifted as domestic crude without any document. The Auditor-General fears that the crude valued at N55,891,009,960.63 may have been diverted.
“The NNPC in 2019 also failed to remit N1,955,354,671,268.66 and N55,157,702,848.74 of generated revenues into the Federation Account, contrary to Section 162(1) of the Nigerian Constitution 1999 [as amended]. The Auditor-General fears that the money may have been diverted.
“The NNPC also failed to account for N4,572,844,962.25 of ‘domestic gas receipts’, thereby ‘reducing the distributable revenue in the Federation account. The NNPC also in 2019 failed to account for 22,929.84 litres of PMS pumped from refineries and valued at N7,056,137,180.00. The NNPC also ‘illegally classified’ 239,800 barrels of crude oil valued at N5,498,045,220 as ‘crude oil losses.
The rights group pointed out that the Department of Petroleum Resources (DPR) in 2019 also reportedly failed to remit $1,278,364,595.49 in revenue to the Federation Account, saying the money was deducted by the NNPC from the Oil and Gas Royalty assessed by the DPR.
It went on: “The DPR in 2019 also deducted N19,840,081.29 as ‘stamp duty’ payments from contractors and consultants but the DPR instantly paid back the money to the contractors and consultants instead of remitting it to the treasury.
“The DPR in 2019 also paid N137,225,973.35 to contractors and consultants for various contracts and consultancies but failed to deduct stamp duty. The DPR also paid N11,856,088,271.92 as salaries for 2019 but failed to deduct N118,560,882.72 as contribution of 1% Industrial Training Fund (ITF). The DPR in 2019 also failed to transfer a $35,738,342.95 year balance.
“The DPR in 2018 also withdrew without any explanation $759,387,755.10 from DPR Signature Bonus Account rather than pay the money into the Federation Account,’’ SERAP alleged.
According to the SERAP, subsidy records show that N443,940,559,974.80 was paid as total subsidy for 2016 but the money was not budgeted for, adding that the payments were for outstanding Petroleum Support Fund (PSF) commitments for 2015.
“However, there was no payment in 2016. Only outstanding payments for previous years 2014 and 2015 and interest payments were made in 2016.
“The Auditor-General fears that the oil marketers that received the subsidy payments may not have been ‘eligible to draw from the Petroleum Support Fund as the Petroleum Products Pricing and Regulatory Authority (PPPRA) failed to provide any document on the payments.
“N39,141,210,181.74 was also paid from the Federation Account in 2016 to different oil marketers in 26 transactions, being payments of Interest and Foreign Exchange Differential on Subsidy but without any document.
“The NNPC also made ‘zero profit’ and recorded ‘losses from its joint ventures in 2016. This is contrary to expectations that profits should be made from the joint ventures.
“The Ministry of Petroleum Resources, Abuja in 2016 paid N14,490,000.00 for the supply of 3 Nissan Almera Saloon vehicles 1.5 to the m ministry without proper documentation. The purchase of ‘the vehicles were made through direct procurement without competitive bidding by at least three companies, as required by Financial Regulations. There was no advertisement and bidding for this contract.
“Although ‘N12,442,500.00 was approved by the Bureau of Public Procurement for the vehicles, the Ministry made an overpayment of N2,047,500.00 to the car company.”
No date has been fixed for the hearing of the suit.
