SERAP sues FG for withdrawing N446.3bn Abacha loot suit
Socio-Economic
Rights and Accountability Project has dragged the Federal Government to
court over the withdrawal of N446.3bn corruption charges/suit against
Muhammed Abacha.
Joined in the suit are President Goodluck Jonathan and the Attorney General of the Federation, Muhammed Adoke.
In the suit number FHC/L/CS/1007/2014 filed yesterday before the Federal High Court, Lagos, by Adetokunbo Mumuni and Oyindamola Musa, SERAP argued that section 15 (5) of the 1999 Constitution provides that: “The State shall abolish all corrupt practices and abuse of power.”
It said, “This means that the defendants are to prevent the exploitation of Nigeria’s human and natural resources for any reasons other than for the good of the community.
“It also means that in cases of corruption the defendants will ensure diligent and effective prosecution of suspected perpetrators.
“The philosophical foundation for the inclusion of the Fundamental objectives in the Constitution is government’s powers are not exercised to disregard the very institution and citizens they ought to protect.”
SERAP argued that: “The overarching objective in the administration of justice that is to do justice to all, irrespective of status, is a cardinal value of any civilised nation.
“The defendants have a constitutional responsibility to adhere to the principles set out in the constitution. In other words, the exercise of this power is not absolute. And this cannot be especially in corruption cases, and given the debilitating effects of corruption on the rule of law, good governance and the entire fabric of the Nigerian society.”
Stressing the import of section 13 of the 1999 Constitution, it said, “Exercising legislative, executive and judicial powers in Nigeria are bound to observe and apply the provisions of Chapter 2 of our constitution. Because those persons are so duty-bound, it follows that they have a responsibility to do those acts or else be accountable for their failure to act.
“Nigeria has ratified the UN Convention against Corruption, which in several of its provisions obligate the country to effectively prosecute allegations of corruption, recover stolen assets, and end the impunity of perpetrators.
“Several articles of the convention emphasise the importance of promoting, facilitating, and supporting international cooperation to effectively combat corruption.
“This good faith obligation requires the Defendants to submit cases of corruption to a State’s competent authorities for the purpose of prosecution.”
No date has been fixed for the hearing of the suit.
Joined in the suit are President Goodluck Jonathan and the Attorney General of the Federation, Muhammed Adoke.
In the suit number FHC/L/CS/1007/2014 filed yesterday before the Federal High Court, Lagos, by Adetokunbo Mumuni and Oyindamola Musa, SERAP argued that section 15 (5) of the 1999 Constitution provides that: “The State shall abolish all corrupt practices and abuse of power.”
It said, “This means that the defendants are to prevent the exploitation of Nigeria’s human and natural resources for any reasons other than for the good of the community.
“It also means that in cases of corruption the defendants will ensure diligent and effective prosecution of suspected perpetrators.
“The philosophical foundation for the inclusion of the Fundamental objectives in the Constitution is government’s powers are not exercised to disregard the very institution and citizens they ought to protect.”
SERAP argued that: “The overarching objective in the administration of justice that is to do justice to all, irrespective of status, is a cardinal value of any civilised nation.
“The defendants have a constitutional responsibility to adhere to the principles set out in the constitution. In other words, the exercise of this power is not absolute. And this cannot be especially in corruption cases, and given the debilitating effects of corruption on the rule of law, good governance and the entire fabric of the Nigerian society.”
Stressing the import of section 13 of the 1999 Constitution, it said, “Exercising legislative, executive and judicial powers in Nigeria are bound to observe and apply the provisions of Chapter 2 of our constitution. Because those persons are so duty-bound, it follows that they have a responsibility to do those acts or else be accountable for their failure to act.
“Nigeria has ratified the UN Convention against Corruption, which in several of its provisions obligate the country to effectively prosecute allegations of corruption, recover stolen assets, and end the impunity of perpetrators.
“Several articles of the convention emphasise the importance of promoting, facilitating, and supporting international cooperation to effectively combat corruption.
“This good faith obligation requires the Defendants to submit cases of corruption to a State’s competent authorities for the purpose of prosecution.”
No date has been fixed for the hearing of the suit.
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