Buhari must obey court judgement on payment of electricity contractors ― SERAP

A rights group, the Socio-Economic Rights and Accountability Project (SERAP), has called on President Muhammadu Buhari, to without any further delay, give heed to the judgment of Justice Chuka Obiozor of a Federal High Court sitting in Ikoyi, Lagos State, Nigeria, directing the immediate release of details of payments to all defaulting and allegedly corrupt electricity contractors and companies since 1999.

SERAP further asked the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), to use his special role as the Chief Law Officer of Nigeria to advise and persuade President Muhammadu Buhari to fully and effectively enforce the judgment by Justice Chuka Austine Obiozor ordering the immediate release of details of payments to all defaulting and allegedly corrupt electricity contractors and companies since 1999.

According to a statement issued by the deputy director of Kolawole Oluwadare, Justice Obiozor had in July delivered a judgment in a Freedom of Information suit number FHC/L/CS/105/19, brought by SERAP, ordering the Federal Government (FG) to disclose and publish the names of companies and the whereabouts of the contractors paid by successive governments to carry out electricity projects but disappeared with the money without executing any projects.

The statement further revealed in an open letter dated September 13, 2019, that: the enforcement of this judgment will be a special moment for the government’s anti-corruption agenda and the sovereignty of rule of law, as it would go a long way in protecting the integrity of our legal system.

“We urge you to make the best efforts to advise and persuade President Buhari and Mr Sale Mamman, Minister of Power to begin to take steps that will ensure the full enforcement of this ground-breaking judgment.

“Advising and persuading Mr Buhari and Mr Mamman to enforce the judgment against corrupt contractors and companies would show your commitment to the rule of law, and contribute to addressing the culture and legacy of corruption in the power sector.

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“It will show that you are not just Mr Buhari’s lawyer but also a defender of the Nigerian Constitution of 1999 (as amended), the rule of law and public interest within the government, something which Justice Obiozor’s judgment seeks to serve.

“It is emphatically the province and constitutional duty of the Attorney General to advise on the enforcement of judicial decisions.

“It is important to do so here if power sector contractors and companies are not to continue to evade justice for their alleged corruption.

“Taking action as recommended would be in keeping with Nigerians’ expectations, and entirely consistent with Buhari’s oft-expressed commitment to ‘kill’ corruption – whether by public officials or private contractors—and help to build citizens’ trust and confidence in the ability of this government to take head-on the systemic corruption in the power sector.

“Our democracy needs courts so that public officials and private actors including contractors can be held accountable for any infraction of Nigerian anti-corruption laws and international commitments.

“Constitutionalism and the rule of law are not in conflict with democracy; rather, they are essential to it.

“We hope that the aspects highlighted will help guide your actions in advising and persuading Mr Buhari and Mr Mamman to enforce and implement Justice Obiozor’s judgment. We would be happy to provide further information or to discuss any of these issues in more detail with you.

“A certified true copy of the judgment is enclosed with this letter for your attention and urgent action.”

Tribune Online recalls that SERAP had in February filed the FoI suit against the Federal Government and former Minister of Power, Mr Babatunde Fashola.

The former minister then responded, saying that: “the Ministry has searched for the requested information on details of alleged contractors and companies but we could not find it from our records.”

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