Tuesday, 22 May 2012
Coalition Sues AGF, CBN Over $12.4 Billion Babangida’s Oil Windfall Scam
By Adetokunbo Mumuni
Six civil society groups in the country have dragged the Attorney General of the Federation and Minister of Justice, Mohammed Adoke, SAN, and the Central Bank of Nigeria (CBN) to the Federal High Court in Abuja seeking information on the spending of the allegedly missing accrued $12.4 billion oil windfall between 1988 and 1994.
The Suit Number FHC/ABJ/CS/640/10 dated 8 September 2010, and brought under the Fundamental Rights (Enforcement Procedure) Rules 2009 was filed by the groups’ lawyer, Mr Femi Falana.
The groups are: Socio-Economic Rights and Accountability Project (SERAP); Women Advocates and Documentation Center (WARDC); Committee for Defence of Human Rights (CDHR); Access to Justice (AJ); Human and Environmental Development Agenda (HEDA), and Partnership for Justice.
The groups said that, “In 1994 the Federal Government set up the Pius Okigbo Panel to investigate the activities of the Central Bank of Nigeria and recommend measures for the re-organization of the Bank. In the course of its assignment the Okigbo Panel found that the $12.5 billion in the Dedicated and Special Accounts had been depleted to $200 million by June 1994. As a result of the mismanagement of the said sum of $12.2 billion by the military President, General Ibrahim Babangida, the Okigbo Panel recommended that the Dedicated and Special Accounts be discontinued.”
The groups argued that, “The need for information regarding the spending of $12.4 billion oil windfall is important to promote transparency and accountability in the management of public resources and to fulfill Nigeria’s international obligations to promote the development of the country. Access to information of this nature is especially important in this country, which is struggling to establish the rule of law and democracy in the face of underdevelopment, poverty, illiteracy and diseases. The right of access to information is also crucial to the realization of all other human rights, including the peoples’ right to their natural wealth and resources.”
“Public bodies hold information not for themselves but as custodians of the public good and everyone has a right to access this information. Unless the Court compels Mr Adoke and the CBN to disclose the information requested in this case, the information may never be disclosed and Nigeria will remain in breach of its international anticorruption and human rights obligations and commitments,” the groups further argued.
The groups also argued that, “The diversion and/or mismanagement of the $12.4 billion oil windfall is a violation of Nigerians’ right to natural resources and wealth and to economic development, as recognized and guaranteed by 21 and 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act). Under the African Charter, the Nigerian government has a legal responsibility to utilize the natural resources of the country so as to benefit the whole people. Just as the people of every sovereign state have a permanent right to choose their own form of government so the people are entitled to insist that the natural resources of the nation be exploited in the interest of the people.”
According to the groups, “the right of a people not to be dispossessed of their wealth and natural resources is not just any ordinary right, but the fundamental human right. This right is an essential element of peoples’ economic security, survival and independence.”
“The point about the permanent sovereignty of peoples over their natural resources is not that the resources in question may not be mined and sold. Such doctrine would render them valueless. The point is rather that the national community in which the resources are found is to be a significant beneficiary of their exploitation. The nation-state is now expected to contribute to the welfare of all inhabitants, without even having the right to discriminate among them,” the groups further argued.
The groups are asking the Court for the following reliefs:
A. A DECLARATION that the Respondents are individually and/or collectively required to guarantee to the Applicants and all Nigerians the right to receive information regarding the spending of $12.4 billion oil windfall documented by the Pius Okigbo panel report; the right to natural wealth and resources; and the right to development, as recognized and guaranteed by Articles 2, 9, 21, and 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act
B. A DECLARATION that the failure, negligence and/or refusal of the Respondents individually and/or collectively to publicly and urgently release detailed statement of account relating to the spending of $12.4 billion oil windfall between 1988 and 1994 as documented by the Pius Okigbo panel report is illegal and unlawful as it violates Article 9 of the African Charter.
C. A DECLARATION that the failure and/or refusal of the Respondents individually and/or collectively to provide information regarding the spending of the $12.4 billion oil windfall between 1988 and 1994 despite requests by the Applicants is illegal and unlawful as it violates the Applicants’ right to receive information and breaches the fiduciary relationship implied and imposed by Articles 9, 21 and 22 of the African Charter.
D. A DECLARATION that the failure and/or negligence by the Respondents to ensure full transparency and accountability regarding the spending of the $12.4 billion oil windfall constitutes a fundamental breach of Nigeria’s international anticorruption and human rights obligations and commitments.
E. AN ORDER OF MANDAMUS compelling the Respondents individually and/or collectively to publish detailed statement of account relating to the spending of $12.4 billion oil windfall between 1988 and 1994, and to publish in major national newspapers a copy of the statement of account.
F. AN ORDER directing the Respondents to diligently and effectively bring to justice anyone suspected of corruption and mismanagement of the $12.4 billion oil windfall between 1988 and 1994
G. AN ORDER directing the Respondents to return to the federal account any money which is the subject matter of corruption.
H. AN ORDER directing the Respondents to provide adequate reparation, which may take the form of restitution, compensation, satisfaction or guarantees of non-repetition to millions of Nigerians that have been denied their human rights as a result of the Respondents’ failure and/or negligence to ensure transparency and accountability in the spending of $12.4 billion oil windfall between 1988 and 1994.
It would be re-called that as a result of demand for the recovery of the said sum of $12.4 billion and the prosecution of those who diverted and mismanaged the fund the Federal Government claimed that the Report of the Okigbo Panel was missing. The NEWS Magazine found the Report and published it on May 24, 2005. When the Federal Government did not recover the said sum of $12.4 billion, the groups wrote a letter to Mr Adoke on 7th April 2010 demanding the prosecution of General Ibrahim Babangida for the mismanagement of the fund. In response, Mr Adoke requested for a signed copy of the late Dr. Pius Okigbo Panel Report, which the groups subsequently forwarded to him. On this basis, Mr Adoke set up a panel to verify the authenticity of the report forwarded to him only to later declare in a newspaper interview that the report was still missing; and that therefore he was unable to verify the authenticity of the copy earlier submitted by the groups. In another letter on 22nd August 2010, the groups asked the CBN governor for a copy of the report.
No date has been fixed for the hearing of the suit.
Comments
19 comment(s)
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we need a serious cleansing/coup
Submitted by Jossy (not verified) on September 13, 2010 - 21:05.
we need a seroius cleansing........and lets start afresh..all pdp members....sentenced by stoning,
Fantastic. All these evil
Submitted by Ramses Osiris (not verified) on September 13, 2010 - 19:18.
Fantastic. All these evil people must pay for their crimes against the Nigerian people. One way or the other!
Well done guys! It's time to
Submitted by Mr Ade (not verified) on September 13, 2010 - 13:18.
Well done guys! It's time to bring IBB to justice
Evil increases when people don't talk.
Submitted by Toyin Ade (not verified) on September 13, 2010 - 10:55.
All this hullabaloo about IBB's serial corruption cases wouldn't have been necessary if members of the Okigbo's panel could just speak up and puncture the ego of the evil genius, the master dribbler, rogue and murderer (IBB).
I concor with what Sola said. At least, we should still be having some of the Okigbo panel members that are still alive today. Why can't they speak out and expose the lies that Adoke is telling Nigerians. Adoke is not fit to hold the position of AGF because he's heavily compromised. What useless thing is he saying that he cannot prosecute IBB. He is a confused man and heavily corrupt. Why is it that Benue state is giving us all these bad leaders? Yesterday, it was ignoble Aondoakaa and today, it is misguided Adoke.
My brothers, Adoke is not an
Submitted by Pere (not verified) on September 13, 2010 - 09:01.
My brothers, Adoke is not an imbecile neither is he not a lawyer. But when a man has sold his soul to corruption, and crimes this is what you get. Adoke and Andoaanka are from same state, and infact he was recommended by andoaanka and his the current chief justice. They are all criminals. My problem with Nigerian leaders is that they are forced by some cultists to dance to their tunes. Someone like Adoke or Andoaanka have no place in a civilised society as public officers. These are brazen criminals who ought be rotting in jail. Where is Andoaanka today with all atrocities he committed? No accountability, no nothing. I am sure it is because of this Adoke continues in the paths of his brother, because he knows surely that at the end he is accountable to no one.Nigeria is a failed state.
People Should Learn to Speak Up
Submitted by Sola. (Ikorodu) (not verified) on September 13, 2010 - 06:49.
Why is it not possible for people to speak up when it is absolutely necessary? Please, this is the right time for the other members of the Panel of inquiry, to speak out as regards the authenticity of this report. At least, this will help us to expose some of those people that have benefitted in the past, and those that are planning to get their own share of the mismanagement.
IBB the thief
Submitted by B. Young (not verified) on September 13, 2010 - 06:28.
As I was growing up, I asked my catholic sunday school teacher, why did God create death if he so love the world? With the thinking and eye of a child, I forgot to realise that without death, the likes of IBB and other thieves in Africa and Nigeria in particular would have gularshed people like us and claim that human meat is the most palatable meat on earth. Oh, thank God that we escaped this senerio 'cos God knew the wickedness of man. IBB and others, whatever the situation, be it now or later, you would one day be gone, because "all human things are subject to decay, and when faith summons monarch must obey".
where is WIDER ASS.. SORRY WADA NAS
Submitted by Omonbendel (not verified) on September 13, 2010 - 02:14.
where is WIDER ASS... Sorry I mean WADA ASS ooppss did it again, WADA NAS.. my brother in the struggle for the emancipation of Nigeria Masses.
I hope you put the masses first b4 your kudi/belle, this time around
WIDER, COME AND HIGHLIGHT THE ACHIEVEMENTS OF IBB FOR NIGEIRANS
NIGERIA GOVERNMENT WILL BE FOOL FOREVER
Submitted by paul osagie (not verified) on September 12, 2010 - 20:57.
FOR OUR GOVERNMENT TO ALLOW IBB TO PICK A TICKET FOR PRESIDENCIAL RACE FOR 2011 IS A BIG SLAP ON THERE FACE.COME TO THINK OF THE WHOLE ATROCITY IBB HAVE COMMITED HE STILL HAVE A GULT TO TELL NIGERIANS HE WILL CONTEST FOR THE RACE, THAT IS A BIG SLAP. IBB SHOULD HAVE BANNED FOR LIVE FOR HOLDING ANY GOVERNMENT POST IN NIGERIA IF HE CANNOT EXPLAIN TO NIGERIAN ABOUT $12.6BILLION AND HOW HE ACQUIRED HIS WEALTH.THIS IS THE IMPORTANT QUESTION IBB NEED TO GIVE ANSWER TO .IN AMERICA SOME GOVERNORS, SENATORS HAVE BEEN BARNED FOR HOLDING GOVERNMENT POST IN US DUE TO THERE LEVEL OF CORRUPTIONS I DONT SEE ANY REASON WHY WE CANNOT IMPLIMENT THE SAME LAWS IN THIS COUNTRY.IBB IS NOT QUALIFY FOR HOLDING ANY GOVERNMENT POST IN NIGERIA AND FOR ALLOWING IBB TO SCAPE THROUGH THAT MEAN NIGERIA GOVERNMENT WILL BE FOOL FOREVER.
After this, then the US$22 billion squandered by Umaru/GEJ govt!
Submitted by Okwuchukwu Ezeanyika, PA, USA (not verified) on September 12, 2010 - 18:51.
I commend the six civil society groups for this action. While they on this, I would want them to turn their attention to the wanton waste of the US$22 billion Excess Crude (Oil) Account left by the Obasanjo government in 2007 for the Umaru/GEJ government which as at July had been depleted to a mere US$460 million.
I want to remind Mr. Jonathan that good governance is that every dollar taken out of this fund should be properly accounted to the public. All we are told to date is that the monies were shared between the three tiers of government - federal state and local. If so, what did they do with them? For now, there is no accountability as all the disbursements at the three levels of government are shrouded in mystery.
Few days ago, our Goldman Sachs' apologist Minister of Finance, Aganga, was in London, England, for a planned US$500 million global bond. Will the borrowing and spending by our governments ever end? When will the common man have a feel that there is a government (federal and state) in existence that should provide basic infrastructures for them?!
By Their Fruits, You Always Know Them
Submitted by Odirah (not verified) on September 12, 2010 - 18:01.
When this AG Adoke first made a comment about filing a suit against IBB, he claimed that the Civil Society Groups did not provide him with the original documentation for proceeding with the suit against IBB. Then, he not only took to derogatory name calling of Nigerians who challenged his effectiveness as the AG but also exposed his ignorance and inept knowledge of the laws he is supposed to uphold. Then too, I marveled at his comment and at the same time wondered how these guys end up in offices they hold in Nigeria. Our problem in Nigeria is putting so much stock in paper degrees and I guess political connection more than the intelligence of the person who holds the paper. Most of these paper (degree) holders are nothing but pretenders and impostors with meaningless paperwork that they are unable to defend. Adoke needed his dumb arse dragged to court for his imbecility. Hypocrites and thieves that dot the Nigerian landscape. Adoke is nothing but one of those hypocrites, cowards and jesters.
ADOKE IS A CONFUSED AGF
Submitted by THE JURIST (not verified) on September 12, 2010 - 17:31.
Bello Adoke is a confused and weak AGF that must be dropped immediately. That man has no liver and is as corrupt as AOONdoakaa himself.
What makes him think he can control the operations of the EFCC/ICPC. Bribe taker like Aoondoakaa
Angry Nigerians.
Submitted by Toyin Ade (not verified) on September 12, 2010 - 17:25.
If Nigerians are truly angry, why can't we give IBB the Palestinians' treatment to this shameless thief and rogue on her streets. Palestinians are known for throwing stones and people that they abhor.
If indeed we hate to see another thief at the helm of our affairs in May 2011, we should start going to the quarries that are very close to us anywhere in Nigeria and gather enough stone and put them on our streets in readiness for action against the evil genius in our midst.
IB should be stoned on our streets in any city he goes to do his demonic political campaign. IBB must be mowed down. He doesn't deserve that exalted position. He was given opportunity to serve the people but he chose to serve himself and his pocket.
AGF and IBB
Submitted by kashcarl on September 12, 2010 - 16:10.
The AGF is as sick as the man called IBB. When the Attorney General decided to protect IBB with the backing of Jonathan, i knew their last days are closer than i had thought.
God will not only punish the two, but Devil will reserve the hottest part of hell for them.
IBB belongs to jail. Jailing
Submitted by O.com (not verified) on September 12, 2010 - 15:27.
IBB belongs to jail. Jailing him will be the beginning of sanity and the right direction in Nigeria. He can't be walking free, even campaigning in a democracy when he instituted one of the worst government policies in Nigeria. We're still going through the after effects of one man's misrule. He must be held accountable.
Revolution
Submitted by Jude Nmeregini (not verified) on September 12, 2010 - 14:16.
Truth is, the facts about this case aren't hidden. There are enough supporting documents and evidence to indict and convict Ibrahim Banbangida over this case. A compromised and corrupt system that let's the likes of Orji Kalu and the rest of the band of thieves to dream up the idea of a comeback isn't going to change until there is a Jerry Rawlings' type personality in Nigeria.
There is less rumbling in Romania today because the people stood up against Nicolae Ceausescu and his family. Ghana is quietly pulling away forward because of the Rawlings' revolution. Until we the people in Nigeria react, evil will prevail.
MY SINCERE ADVICE TO GEJ IS
Submitted by JIMMY IWEALA (not verified) on September 12, 2010 - 13:50.
MY SINCERE ADVICE TO GEJ IS TO BUILD BETTER PRISON FACILITIES, IF HE IS NOT GOING TO LET NIGERIANS DOWN.
ONE THING IS SURE, IF HE DOES LET NIGERIANS DOWN, HE WOULD EVENTUALLY BE SWEPT AWAY WITH THE STORM THAT WILL FOLLOW DURING HIS TENOR IF HE GETS ELECTED.
THAT STORM MUST COME. THANK GOD THERE ARE MORE DEADLY GROUPS IN NIGERIA AT PRESENT THAN EVEN THE PATRONISINGLY LOYAL ARMY.
LET THEM CONTINUE TO SWEEP EVERYTHING UNDER THE CARPETS, IT WILL SURELY COME.
A NATION SO RICH, WITH THE POOREST NATIONALS IN THE WORLD AND THE RICHEST PROSTITUTE FINANCIERS!
ABI WETIN DEM DEY TAKE ALL THE MONEY DO? NA TO CARRY ASHAWO, BUY THEM HOUSES AND CARS.
Woes Bitde All Corruption Heavies In Nigeria.
Submitted by Sunday Njokede on September 12, 2010 - 13:09.
Great job guys. Keep the flag flying! Shame to Jonathan's regime, more woes betide those who have corruptly raced Nigeria to the bottom of 21st century hell.
good job
Submitted by Anonymous (not verified) on September 12, 2010 - 11:56.
This is a welcome development. There is a puzzle that needed to be sovlved here. It will take the likes of crime investigative wizards like moses anyaoha in the US to do so.
