Court Should Compel EFCC To Prosecute Dogara, Others Over Alleged Budget Fraud, SERAP Says #ontopnigeria
Over Alleged Budget Fraud, SERAP Says
"The EFCC has failed and/or refused to investigate
allegations of budget padding and abuse of office leveled
against the Speaker of the House of Representatives Yakubu
Dogara as well as the Deputy Speaker, Yussuff Lasun; the
Minority Leader, Leo Ogor; and the Chief Whip, Hassan Ado
Doguwa."
As the National Assembly resumes on Tuesday, Socio-
Economic Rights and Accountability Project (SERAP) has
asked the Federal High Court in Abuja for an order to
compel the Economic and Financial Crimes Commission
(EFCC) to "investigate and prosecute allegations of budget
padding and abuse of office leveled against the Speaker of
the House of Representatives Yakubu Dogara as well as the
Deputy Speaker, Yussuff Lasun; the Minority Leader, Leo
Ogor; and the Chief Whip, Hassan Ado Doguwa."
The suit with number FHC/ABJ/CS/733/16 dated
15th September 2016 was filed on behalf of SERAP by its
Solicitor Femi Falana, SAN.
The mandamus suit reads in part: "This suit was borne out of
the fact that it is the statutory responsibility of the EFCC to
investigate and prosecute financial crimes in Nigeria. Unless
the reliefs sought by SERAP are granted, the EFCC will not
investigate the Speaker of the House of Representatives
Yakubu Dogara as well as the Deputy Speaker, Yussuff
Lasun; the Minority Leader, Leo Ogor; and the Chief Whip,
Hassan Ado for grave financial and economic crimes."
"This matter is presently generating a lot of public concern
and discourse and is presently in the front burner of
national discourse thus germane to Nigerians.
By the nature
of the case, it ought to be heard urgently. It is in the interest
of justice to hear this matter expeditiously."
"The Speaker of the House of Representatives Yakubu
Dogara as well as the Deputy Speaker, Yussuf Lasun; the
Minority Leader, Leo Ogor; and the Chief Whip, Hassan Ado
are not immune from investigation under the Constitution of
the Federal Republic of Nigeria, even though the Hon.
Speaker Hon. Yakubu Dogara has been talking tough saying
that the EFCC cannot investigate him."
"By virtue of Section 6 of the Economic and Financial Crimes
Commission Act, 2004, the EFCC is statutorily empowered to
investigate and prosecute economic and financial crimes
committed in Nigeria. The EFCC has failed and/or refused to
investigate allegations of budget padding and abuse of office
leveled against the Speaker of the House of Representatives
Yakubu Dogara as well as the Deputy Speaker, Yussuff
Lasun; the Minority Leader, Leo Ogor; and the Chief Whip,
Hassan Ado Doguwa."
"By a letter dated 26th July, 2016, and signed by SERAP
executive director Adetokunbo Mumuni the organization
requested the EFCC to investigate allegations of budget
padding and abuse of office leveled against the Speaker of
the House of Representatives of the Federal Republic of
Nigeria, Hon. Yakubu Dogara as well as the Deputy Speaker,
Hon. Yussuff Lasun; the Minority Leader, Hon. Leo Ogor; and
the Chief Whip, Hon. Hassan Ado."
"In the petition to the EFCC, SERAP requested for
investigation into the following allegations of grave
economic and financial crimes: the approval of N40 Billion
for principal officers of the House of Representatives out of
the N100 Billion approved for members of the House of
Representatives for constituency project; the running of the
finances of the House by the Speaker like his personal
estate; and the diversion of millions of naira in the name of
paying for guest houses and official residence."
"Other allegations of economic and financial crimes include:
soliciting for inappropriate favors from agencies and multi-
national companies; compelling an agency to grant loans;
blackmailing a construction company to do some work at
the Speaker's Asokoro, Abuja plot; and designing a scheme
to scam members of the House through deductions from
their salaries for supposed mortgage arrangements."
"Section 46 of Act which is the interpretation Section in the
defines "economic and financial crimes" to mean the "non-
violent criminal and illicit activity committed with the
objectives of earning wealth illegal either individually or in a
group or organized manner thereby violating existing
legislation governing the economic activities of government
and its administration and includes any form of
fraud,embezzlement, looting and any form of corrupt
malpractices."
"Section 13 (1) (b) of the Economic and Financial Crimes
Commission (Establishment) Act empowers the General and
Assets Investigation Unit of the Commission to arrest and
apprehend perpetrators of economic and financial crimes.
Mandamus lies to secure the performance of a public duty
in the performance which the applicant has a sufficient legal
interest.
The must show that he has demanded the
performance of the duty and that performance has been
refused by the authority obliged to discharge it"
"SERAP's letter to EFCC contained mind blogging allegations
of primitive accumulation of wealth by Speaker of the House
of Representatives Yakubu Dogara as well as the Deputy
Speaker, Yussuff Lasun; the Minority Leader, Leo Ogor; and
the Chief Whip, Hassan Ado Doguwa."
"The heinous crime of fraud, diversion of public funds and
unlawful enrichment leveled against Speaker of the House of
Representatives Yakubu Dogara as well as the Deputy
Speaker, Yussuff Lasun; the Minority Leader, Leo Ogor; and
the Chief Whip, Hassan Ado Doguwa is a gross deprivation of
the good people of Nigeria's legitimate wealth and natural
resources. The citizens of Nigeria have been deprived their
natural wealth and these public officers in question should
be investigated forthwith."
"The allegations leveled against the leaders of the House of
Representatives are despicable to the highest degree. These
leaders must not be allowed to run away from justice. The
Fiscal Responsibility Act 2007 has provided these
accountability channels and has gone further with a
provision giving every Nigerian a standing to seek the
enforcement of the provisions of the Act in court as
provided in Section 51 of the Fiscal Responsibility Act 2007."
The suit was brought pursuant to Order 34, Rules 1 (1) (A); 2,
Rule 3 (1) and (2) (A), (B) and (C) of the Federal High Court
Rules, 2009 and the inherent jurisdiction of the Honorable Court.
SERAP is seeking the following reliefs:
A. A DECLARATION that the failure of the Respondent to
investigate to investigate allegations of budget padding and
abuse of office leveled against the Speaker of the House of
Representatives of the Federal Republic of Nigeria, Hon.
Yakubu Dogara as well as the Deputy Speaker, Hon. Yussuff
Lasun; the Minority Leader, Hon. Leo Ogor; and the Chief
Whip, Hon. Hassan Ado is illegal and unconstitutional as it
violates Section 6 of the Economic and Financial Crimes
Commission Act, 2004.
B. AN ORDER OF MANDAMUS compelling the Respondent
to investigate allegations of budget padding and abuse of
office leveled against the Speaker of the House of
Representatives of the Federal Republic of Nigeria, Hon.
Yakubu Dogara as well as the Deputy Speaker, Hon. Yussuff
Lasun; the Minority Leader, Hon. Leo Ogor; and the Chief
Whip, Hon. Hassan Ado Doguwa.
No date has been fixed for the hearing of the suit.
SIGNED
Adetokunbo Mumuni
SERAP Executive Director
18/9/2016
www.serap-nigeria.org
Lagos, Nigeria
Twitter: @SERAPNigeria
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