The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu for allegedly failing to direct the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, to collaborate with anti-corruption agencies to investigate claims of missing, diverted, or stolen public funds totaling over N57 billion in the Federal Ministry of Humanitarian Affairs and Poverty Alleviation in 2021.
The allegations are outlined in the 2021 audit report released by the Office of the Auditor-General of the Federation. The AGF, Fagbemi, is also named as a respondent in the case.
In suit number FHC/L/MISC/876/2024, filed at the Federal High Court in Lagos, SERAP seeks a court order compelling President Tinubu to direct Fagbemi to work with anti-corruption agencies to investigate the allegations, prosecute any suspects with sufficient evidence, and recover the missing funds.
SERAP contends that investigating and addressing the alleged misappropriation of funds will deter corruption and ensure accountability, especially since the missing funds were intended for vulnerable Nigerians. The group states:
“The allegations amount to stealing from the poor. There is a legitimate public interest in ensuring justice and accountability for these grave allegations.”
“Corruption continues to impose additional costs on citizens for essential services such as health and education.”
SERAP further highlights violations of the Nigerian Constitution, anti-corruption laws, and international obligations. It argues that the government’s inaction undermines public trust and exacerbates poverty.
Specific Allegations from the Auditor-General’s Report
The 2021 audit revealed several troubling financial discrepancies within the Ministry, including:
1. N54.6bn for N-Power stipends: The Ministry allegedly failed to account for this amount meant for Batch C1 N-Power volunteers and trainees between August and December 2021.
2. N2.6bn for school feeding during COVID-19: Funds allocated for this program were unaccounted for, as the program was reportedly never executed.
3. N78m for a COVID-19 response survey: The funds were spent without proper documentation or approval.
4. N400m for independent monitors: Stipends meant for monitors in late 2021 remain unaccounted for.
5. N287m paid to contractors: Payments were allegedly made without documentation or justification.
The Auditor-General’s report also raised concerns about the diversion of funds, lack of transparency, and systemic corruption within the Ministry.
SERAP’s suit references constitutional provisions, including:
Section 15(5): Mandates the government to abolish corruption and abuse of power.
Section 16(2): Requires the equitable distribution of the nation’s resources to serve the common good.
The group also cites Nigeria’s commitments under the UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption to prevent, investigate, and penalize corruption.
SERAP is asking the court to compel the government to:
1. Investigate the allegations thoroughly.
2. Prosecute any individuals implicated, based on sufficient evidence.
3. Recover all missing public funds.
The group argues that granting these reliefs will strengthen the fight against corruption, improve public trust, and alleviate the financial strain on Nigerians caused by widespread mismanagement of public funds.
A hearing date for the case is yet to be set.
