Saturday, 18 May 2013
Federal High Court To Deliver Final Judgment On Babangida’s $12.4bn Gulf War Oil Windfall Theft-SERAP
Former military dictator Ibrahim Babangida
By Adetokunbo Mumuni
After some two years in court, hope for a definite legal pronouncement and accountability for the missing $12.4 billion oil windfall will become a reality tomorrow Friday 23 November 2012, as the Federal High Court in Abuja is due to deliver final judgment in the suit.
Friday’s judgment will be closely watched by millions of Nigerians and national and global human rights and anti-corruption groups. The case will set legal precedents that could be used in other corruption cases in the country.
This development followed the hearing of arguments and re-adoption of written addresses by lawyers to the parties in September before Hon Justice Gabriel Kolawole.
Sola Egbeyinka of Falana and Falana Chambers, solicitor to the Registered Trustees of Socio-Economic and Accountability Project (SERAP) and five other right groups that instituted the suit will be present in court for the judgment.
At the hearing in September, the Federal Government insisted that the enactment by the former Chief Justice of Nigeria Idris Legbo Kutigi of the Fundamental Rights (Enforcement Procedure) Rules 2009 “exceeded his Constitutional powers by liberalising the rules on locus standi, permitting public impact litigation, and allowing the inclusion of the African Charter on Human and Peoples’ Rights in the Rules.”
The government also said that it could not find the Okigbo report, and had no duty to render account on the spending of the accrued revenue. The Plaintiffs disagreed, arguing that “such duty exists on the basis of Article 9 of the African Charter, which has become part of our national laws. Also, the Freedom of Information Act has been enacted which also imposes a legal duty on public institutions and agencies to render account, and allow access to public documents.”
It was also argued for the government that “only the AGF as a defender of public interest has the right to seek information on the spending of the $12.4 billion oil windfall,” and that the Plaintiffs have no such right. The Plaintiffs countered by saying that it was “the failure of the AGF to carry out his duty in this respect,” that prompted their legal action against the government in the first place.
It would be recalled that the case initially set down for judgment on Thursday 24 July 2011 has suffered several adjournments. The case was previously adjourned to 16 March 2012 for re-adoption of written addresses but was not heard as the court did not sit.
When the matter first came up for judgment, the trial judge, Justice Gabriel Kolawole, said the judgment was not yet ready to be delivered. According to the judge then, “the judgment is not yet ready. I have to give priority to criminal cases which are very important. I have a backlog of judgments which are older than this case. I regret the delay.” The judge subsequently adjourned the case to October 21 2011 to deliver the judgment.
However, when the case came up on 21 October 2011 it was again adjourned indefinitely because the court did not sit. It was at this point that the suit became affected by the provisions of Section 194 (1) of the 1999 Constitution (as amended), which provides that, “Every court established under this Constitution shall deliver its decision in writing not later than ninety days after the conclusion of evidence and final addresses and furnish all parties to the cause or matter determined with duly authenticated copies of the decision within seven days of the delivery thereof.”
The suit no FHC/ABJ/CS/640/10 was brought under the Fundamental Rights (Enforcement Procedure) Rules 2009.
The non-governmental organisations had dragged the Attorney- General of the Federation (AGF) and the Central Bank of Nigeria (CBN) before the court over the much publicised 12.4 billion dollars oil windfall, which the country recorded between 1988 and 1994, while former military dictator, Ibrahim Babagida rode rough shod on the nation as the maximum ruler.
The plaintiffs asked the court to make an order compelling the apex bank and the AGF to publish detailed accounts relating to the spending of the colossal sum of money between 1988 and 1994. They also sought for an order of the court compelling the respondents to diligently and effectively bring to justice any one suspected of corruption and mismanagement of the 12.4 billion dollars oil windfall.
They also want 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.
According to the plaintiffs, "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 realisation of all other human rights, including the peoples’ right to their natural wealth and resources."
The plaintiffs 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 recognised 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 utilise 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 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."
It would be recalled that a coalition of six civil society groups led by Socio-Economic Rights and Accountability Project (SERAP) sued the AGF and CBN in September 2010, seeking information on how $12.4 billion oil windfall of between 1988 and 1994 was spent.
The other plaintiffs in the suit are: Women Advocates and Documentation Centre (WARDC); Human and Environmental Development Agenda (HEDA), Access to Justice (AJ); Partnership for Justice, and Committee for Defence of Human Rights (CDHR).
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disgruntled bigots
Submitted by Anonymous (not verified) on November 23, 2012 - 12:44.
Any disgruntled bigot can go to court against OBJ. IBB fund mismanagement is the issue for now, not sentiments. And if you have any fact against any OBj, you can contact any of the above human right bodies.
I BB
Submitted by BabaAnonymous (not verified) on November 23, 2012 - 12:29.
It has never happened, it won't happen, as it was in the beginning so it will be IBB would not be probed-not in our generation-corruption has been with us for long and it will remain with us. My only fear is that it might consume this country. 2015 is around the corner and that revolution will happen-OBJ has predicted -let IBB listen well at times the hunter becomes the hunted-there would be no judgement again today-kolawole would not put his head in the slab but the wind of change is coming-let him that have ears hear well-I rest my case!
This is Nigeria. We already know what the ruling will be.
Submitted by Nduanonse (not verified) on November 23, 2012 - 12:14.
I laugh at all of you wasting time hoping that something will come out of this case. As if you are visitors to Nigeria and do not know how Nigeria works. Nothing will come out of this suit because Babangida is a PDP patron and too big for the Nigerian nonsense justice system to indict. Nigerians need to take justice into their own fcuking hands and Use this as a blueprint for similar cases. This is the only language that corrupt criminals listen to. Simple and short. Do these people talking know what $12.4 billa could have done for Nigeria back in the 90's? It could have laid down an infrastructural foundation that would make China's and India's status today as emerging power seem like a joke. Nigeria, China and India started at the same time but look at where those two countries are today and look at where Nigeria is today. The Chinese and Indians are the one's helping us develop today. Nigeria today cannot even compete with common South Africa. Isn't this shameful?
Finally Nigeria has its own twitter rival, Big plus
Submitted by Anonymous (not verified) on November 23, 2012 - 12:06.
www.160bits.com is a big plus for Nigeria. I love that website, honestly. Lets all be part of the reporting and inform each other about what is happening anywhere, anyday. Thanks to the developers of that site.
It is unbelievable to see you
Submitted by Anonymous (not verified) on November 23, 2012 - 11:54.
It is unbelievable to see you blindly defending unrighteousness in this Nation,posterity will judge everyone of you.
A donker allways bray is the
Submitted by Dr sami (not verified) on November 23, 2012 - 11:29.
A donker allways bray is the same to southern christain ,they advertise jealosy &selfishness to respected northers.obasanjo squander about 16bilion us dollars on the single sector but KBB opent bout 12.5.billion us dollers on the whole nation. Please if you are just, ego is to be blammed first.
Hope this is not just another
Submitted by NSG (not verified) on November 23, 2012 - 10:34.
Hope this is not just another media hoax. Who is ready to take the bull by the horn?
Let's think Nigeria.
Submitted by wso (not verified) on November 23, 2012 - 10:00.
Kabiru,i love your enumeration of what $12.4 dollars was used for by IBB during the oil windfall and this makes the castigation almost of no effect.However,wouldn't it rather be respectable if the man could tell us how employed the funds for the benefits of Nigerians(you and I inclusive) and render account of his stewardship.
Like you rightly pointed out OBJ MUST be made to account of his financial recklessness as well if any and by so doing generation coming behind would be saved.Why the killings all over the country today,either by Boko Haram,kidnapping in south east or demonic armed robbery operation in the south west?It is simply because people we thought we would be celebrating and emulating today like IBB,OBJ,Atiku and a few others had mutilated their reputations.
Let's always think in the interest of generation next and think Nigeria!
This is the best site i have visited, check it out
Submitted by Anonymous (not verified) on November 23, 2012 - 07:47.
Friends, I want to say a special Thank you to the developers of www.160bits.com because that site is awesome for passing information about every state and city in Nigeria. You have to check what is happening there and participate, God bless Nigeria.
How can IBB be vindicated?
Submitted by Abex (not verified) on November 23, 2012 - 07:31.
I guess u are supporting IBB because he is from the north. We are not saying that IBB stole money, we are only asking him to give account of how he spent our money. I don't see anything wrong with it. This will set a nice precedent and put our leaders on guard that one day they will account for their stewardship. As for Obj, don't worry we will still come for him. Let's take them one at a time.
Compensation for oil spillage & Clean Up
Submitted by zerospill (not verified) on November 23, 2012 - 07:03.
European oil company, BP Plc will pay $4.5 billion in penalties and plead guilty to felony misconduct in the Deepwater Horizon disaster, which caused the worst U.S. offshore oil spill ever.Can this happen in Nigeria???????
We need your opinion, Like the page and Vote Now: https://www.facebook.com/ZEROSPILL?ref=hl
ZerospillNigerdelta is a non-violent and truly patriotic way of demonstrating our oneness and keeping our Nigerian Environment clean and pollution free from Oil spill
Re:BabangidaIbrahimGbadamosi
Submitted by Anonymous (not verified) on November 23, 2012 - 06:44.
In my candid opinion and reasoning, i think IBB and his likes should be discussed with and accept whatever they are able and ready to give back to the Nation. It's hightime we all sit right, think right and face life and future with great fortitude,because we may make no gain labouring on the past and even possibly neglecting or forgetting the future. I'm of the opinion that if our dear Legislative,Judicial and Executive arms of government are such sincere as regards the fight against corruption that has eaten deep into our flesh,soul and body, they should meet,arrive @ a consensus and enact a law that would b strict and serve as a deterrent to future fraudsters in government. "WHAT IS MORALLY WRONG CAN NEVER BE POLITICALLY RIGHT". We must forget the PAST and FACE/REALISE the future. God bless Nigeria.
ALTHOUGH THEY FREE BABANGIDA BUT THE CONSEQUENCE
Submitted by Pastor Commander Samyoung Onwuzulike (not verified) on November 23, 2012 - 01:13.
Although Nigeria AGF and his group will free Gen Babangida but the consequence will put Nigeria in high risk. The reason: the beginning of my journey that rebuilt Nigeria Economy with increase of oil price began with Gulf War ignited Iraqi with Iraqi invasion of Kuwait 1990. President Johnathan must honor my request for One Giant Refinery, Petro Chemical Plant at Oil Allied Industrial Village Ogbaku, Umunoha, to Njaba River at Owerri-Onitsha Rd down to Oguta Lake. He will Drage and build Oguta Lake to become Oil Terminal for Ship. Peace of Nigeria is attached to this request.
My Suggestions to REDUCE corruption
Submitted by Jakumo (not verified) on November 22, 2012 - 23:23.
MY SUGGESTIONS TO reduce CORRUPTION IN NIGERIA
1. From the Federal to Local Govts and Ministries level, each unit should publish in at least 4 nationally-read newspapers, within a month, their monthly incomes, sources, expenditures and targets.
2. Accountants of repute, non-indigent to the state or local govt. should be hired on contract or rotational basis to check their books and publish reports quarterly.
3. Under-covers to be trained to monitor officials and judges like it's done in the US and other advanced countries. This can raise caution to some level
4. More courts and jails to be built in each local govt to handle the products of judicial processes.
5. Monies recovered from such processes to be published and expended in such areas that benefit most citizens e.g. medical, educational and roads.
6. Finally, I will suggest a complete abolition of immunity clause from our constitution.
HE SURE LOOKS LIKE A TIRED VILLAGE CROOK IN THE ABOVE PHOTO
Submitted by DIASPORA DEMON (not verified) on November 22, 2012 - 22:45.
This pix of IBB is a source of serious amusement each time it is published.IBB looks like a tired crook who just managed to escape the cops and is expecting his dinner from his wife.
That is the perfect interpretation of that image.
THE PRESENT SYSTEM IS INCAPABLE OF DISPENSING SUCH JUSTICE.
Submitted by osita DIOKA (not verified) on November 22, 2012 - 22:25.
In a system where the common FOI bill is impossible to implement without obstacles from the government,where the AG is busy protecting looters of all descriptions instead of representing the interest of the Nigerian people.
Nigeria lacks the quality of leadership and independent judiciary for such expectations,in fact Nigerians will be asked to apologise and pay restitution to IBB if care is not taken.
judgment day
Submitted by Anonymous (not verified) on November 22, 2012 - 20:22.
Its judgment day. None ultimately will escape. For God's judgment on Nigeria wiil stand. Even if court manipulates this one.
The judgment day has come and none shall escape.
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Babangida shd be tried and prosecuted!
Submitted by Louis (not verified) on November 22, 2012 - 19:37.
It is high time Babangida is tried and prosecuted. Obasanjo and the rest of them shd also be tried before they die. We want to see the money recovered. Enough of the poverty in the midst of riches.
IBB is vindicated
Submitted by Kabiru Y Suleiman (not verified) on November 22, 2012 - 19:37.
$16 billion was spent by Obasanjo govt just to generate 6,000 megawatt, but after 8 years, even 4,000 megawatt was not realised. And the $16 billion has gone. And to my suprised no any human right group file a suit against that regime. But rather the human right group with some selfish section of lawyers are pointing fingers on $12.4 billion spent for the whole country (not on power generation alone). My questions; who built Third Mainland Bridge? Who constructed Ajakuota steel mill? Who constructed the Federal Capital Territory? Who transfered the Capital of Nigeria from Lagos? Who built the only Kano to Abuja dual carriage express road? How many local hospital were converted to Teaching Hospital? I believe that 12.4 billion dollars spent by IBB, Shonekan and Abacha's six years in all, ends justified the means. While Obasanjo spent 16 billion dollars on electricity alone, and with no fruit. Anbar Jaki ana dukan Taiki.
Why Mohammed is deending Babangida
Submitted by Anonymous (not verified) on November 22, 2012 - 18:58.
The reasons Why Mohammed, the Attorney General is defending Babangida are:
1. Nothing good can come from Mohammed
2. His name is Mohammed.
3. Mohammed is a muslim and Babangida is a muslim
4. Both of them are from the north.
5. Muslim don't prosecute Muslims, though they may be armed robbers and murderers
6. Both of them are thieves.
So Nigerians, tell me why your attorney general should not cover Babangida, even though he empty Nigeria treasury.
I wish the Govt can prosecute him (IBB)
Submitted by Philip (not verified) on November 22, 2012 - 18:56.
I just wish the Government of this nation will do like the Egyptians and prosecute this high profile rogues and make a mark.
Will it happen? I pray so
Submitted by Anonymous (not verified) on November 22, 2012 - 18:33.
Will it happen finally? I pray so. Just hoping that the judge will have enough bottle to give us this judgment once and for all
Will it happen? I pray so
Submitted by Anonymous (not verified) on November 22, 2012 - 18:33.
Will it happen finally? I pray so. Just hoping that the judge will have enough bottle to give us this judgment once and for all
Let me sidestep the sub judice rule for a moment
Submitted by Danboyi Gomsuk (not verified) on November 22, 2012 - 18:13.
Even though I should not comment on this case, because of the sub judice rule, the circumstances of this case and past pronouncements of the presiding judge compel me to pass a comment. I foresee the judge adjourning this case again or pronouncing that the case be remitted to the office of the attorney-general of the federation for action. And, should this be the case, the final outcome could be anybody's guess. My reason for saying this is because of government's strange insistence that the Okigbo Report could NOT be traced! This is a very serious case to which this judge had placed a tag of lower priority.
where hence justice
Submitted by bayo alase esq. (not verified) on November 22, 2012 - 18:02.
I can predict the outcome the judgement i.e nothing good will come out of it's israel. The jurist were. Appointed by them, this country is not ripe for such monumental verdict. You wish ƒό̲̣̣̣̥я̩̥̊ Prince. I know we will get there one day,so keep up the good work,Alluta Contnua. We keep our fingers crossed awaiting the 'verdict'
Nigeria: a country where corruption is institutionalized by Gove
Submitted by Ameh (not verified) on November 22, 2012 - 17:35.
Government lawyers shamelessly argued that only the Attorney General of the Federation has the right to find out if government's money was missing. SERAP says no, government money is people's money, hence it is making the inquiry on behalf of the people since the Attorney General of the Federation has refused, to or failed to make inquiries.
Fact is that Nigeria cannot continue to be George Orwell's Animal Farm. The Judiciary and the NGOs have to use this opportunity to retrieve Nigeria's people from the criminal conspiracy by the big politicians against the citizens.
Farouk Lawan received a heroic welcome the other day in his home constituency. Abacha has been proclaimed a near saint by Buhari et all.
At last, our commonwealth
Submitted by Affey (not verified) on November 22, 2012 - 17:34.
These guys need to be shaken a bit. Otherwise corruption will continue
yes but what about buhari and the forty thieves
Submitted by Deri (not verified) on November 22, 2012 - 17:33.
Fine but what about Buhari-was he not investigated by late Senator Saraki? If IBB had been a Niger Deltan, this matter would have been concluded years ago. He would have been given the kensarowiwa treatment-the tinubus, bakares and Dinos would have been sponsored by shehu sani, to carry placards in front of the UN office in New York to demand the resignation of Jonathan. And perhaps the summary execution of Alams and Ibori. But since the case involves one of the holy Maharajas from the fulani north, the matter would go the way of the Siemen and Halliburton bribe scandal involving OBJ and Abadual Salam-
IBB & OBJ ...The greatest thieves of all times
Submitted by akpos1 (not verified) on November 22, 2012 - 17:26.
The main reason why the economy of continent Nigeria is not working is simple. Scientific research carried out reduces the reasons largely to the answers to the 2 simple questions below:
1. In which of the following ways do the Northern countries in the continent of Nigeria contribute
to the continent?
a) Education
b) Scientific innovation
c) Sports
d) Female football
e) Women Beach volleyball
f) Mineral resources
g) Human Capital Resource
h) Music
i) Comedy
j) Nollywood film production
k) None of the above
ANSWER = (k) None of the above
2. In which of the following sectors of the economy of Continent Nigeria is the Northern countries most active?
a) Terrorism
b) Street begging
c) Domestic Security
d) Corruption
e) Legislative terrorism
f) Under pants plane bombing
g) Suicide bombing
h) All of the above
i) None of the above
ANSWER = (h) All of the above
Long live the Ogoni Republic
Long live the United States of the SS & SE
