July 27, 2008
Socio-Economic Rights and Accountability Project (SERAP) and Committee for the Defense of Human Rights (CDHR) have accused President Umaru Musa Yar’ Adua government of obstructing the release of report of investigation into the $16b scam in the power sector under the Obasanjo government, saying that “recent actions by the government to shield some highly placed people allegedly indicted in the report from facing corruption charges show a double standard approach to the fight against corruption, and lack of good faith by the political authorities in Abuja.”
Recent reports suggest that President Yar’Adua intervened to prevent the arrest of the former governor of Cross River State, Sen. Liyel Imoke by the Economic and Financial Crimes Commission (EFCC), following his alleged indictment by the power probe of the House of Representatives. Imoke, one of those reportedly indicted in the $16billion scam, was the minister of power and steel, and presided over the multi- billion-dollar Independent Power Projects (IPP), which was among the power projects the House Committee on Power and Steel investigated.
In a joint statement dated 27 July 2008, and signed by SERAP’s Executive Director Adetokunbo Mumuni and CDHR’s President Olasupo Ojo, the organizations said that “The Yar’Adua government has repeatedly promised Nigerians that the fight against official corruption would be total and that there would be no impunity for the theft of public funds. However, recent actions by the government designed to shield powerful politicians from arrest and possible prosecution have shown lack of political will and the failure of the government to live up to its promises. If the government is genuinely committed to fighting official corruption it should support and not impede, the efforts by anti-corruption institutions such as the EFCC and the ICPC to bring to justice those reportedly indicted by the power probe panel.”
According to the organizations, “Attempting to block the release of the report of investigation into the $16b scam in the power sector amounts to impeding any possible prosecution of those reportedly indicted. This is clearly inconsistent and incompatible with Constitutional and international obligations to eradicate all forms of official corruption and abuse of power. It is also an affront to Nigeria’s international human rights obligations to use all the legal means at its disposal to combat the chronic repetition of official corruption and associated human rights violations and the impunity of perpetrators.”
“When states fail to effectively prosecute allegations of corruption, they not only violate the general duty to prosecute, but more specifically, they violate victims’ rights to an effective remedy”, the organizations argued.
The organizations also said that, “Effective action in the fight against corruption requires a comprehensive approach to transform a culture of corruption and impunity into that of transparency and accountability in governance. But wavering commitment and double standard in the fight against corruption can only continue to weaken the independence and ability of anti-corruption institutions to effectively and fairly address the long standing problem of corruption and prevailing culture of impunity in the country.”
The organizations asked the Yar’Adua government to publicly endorse the release of the power probe report, insisting that “Allowing the release of the power probe report and eventual prosecution of those suspected to be responsible for corruption would in the long run help to strengthen the rule of law, bring justice to victims of corruption in the power sector, and erode the entrenched culture of impunity of the country’s leaders.”
“The Yar’Adua government should be very careful not to let allegations of corruption in the power sector go unpunished. There is a very pervasive effect in sending a message to society that impunity is unacceptable. Impunity arises and thrives when there is a lack of accountability among high ranking government officials, whether past or present,” the organizations further stated.
“It was precisely the failure of the Obasanjo government to effectively tackle corruption in the power sector that resulted in the theft of $16b meant for the power projects, and the denial of access to reliable and uninterrupted electricity services for majority of Nigerians. The Yar’Adua government should learn from this and encourage justice and accountability with respect to the outcome of the investigations by the House of Representatives,” the organizations concluded.
Signed
Adetokunbo Mumuni
SERAP’s Executive Director
Olasupo Ojo
President, CDHR
27/7/08
Recent reports suggest that President Yar’Adua intervened to prevent the arrest of the former governor of Cross River State, Sen. Liyel Imoke by the Economic and Financial Crimes Commission (EFCC), following his alleged indictment by the power probe of the House of Representatives. Imoke, one of those reportedly indicted in the $16billion scam, was the minister of power and steel, and presided over the multi- billion-dollar Independent Power Projects (IPP), which was among the power projects the House Committee on Power and Steel investigated.
In a joint statement dated 27 July 2008, and signed by SERAP’s Executive Director Adetokunbo Mumuni and CDHR’s President Olasupo Ojo, the organizations said that “The Yar’Adua government has repeatedly promised Nigerians that the fight against official corruption would be total and that there would be no impunity for the theft of public funds. However, recent actions by the government designed to shield powerful politicians from arrest and possible prosecution have shown lack of political will and the failure of the government to live up to its promises. If the government is genuinely committed to fighting official corruption it should support and not impede, the efforts by anti-corruption institutions such as the EFCC and the ICPC to bring to justice those reportedly indicted by the power probe panel.”
According to the organizations, “Attempting to block the release of the report of investigation into the $16b scam in the power sector amounts to impeding any possible prosecution of those reportedly indicted. This is clearly inconsistent and incompatible with Constitutional and international obligations to eradicate all forms of official corruption and abuse of power. It is also an affront to Nigeria’s international human rights obligations to use all the legal means at its disposal to combat the chronic repetition of official corruption and associated human rights violations and the impunity of perpetrators.”
“When states fail to effectively prosecute allegations of corruption, they not only violate the general duty to prosecute, but more specifically, they violate victims’ rights to an effective remedy”, the organizations argued.
The organizations also said that, “Effective action in the fight against corruption requires a comprehensive approach to transform a culture of corruption and impunity into that of transparency and accountability in governance. But wavering commitment and double standard in the fight against corruption can only continue to weaken the independence and ability of anti-corruption institutions to effectively and fairly address the long standing problem of corruption and prevailing culture of impunity in the country.”
The organizations asked the Yar’Adua government to publicly endorse the release of the power probe report, insisting that “Allowing the release of the power probe report and eventual prosecution of those suspected to be responsible for corruption would in the long run help to strengthen the rule of law, bring justice to victims of corruption in the power sector, and erode the entrenched culture of impunity of the country’s leaders.”
“The Yar’Adua government should be very careful not to let allegations of corruption in the power sector go unpunished. There is a very pervasive effect in sending a message to society that impunity is unacceptable. Impunity arises and thrives when there is a lack of accountability among high ranking government officials, whether past or present,” the organizations further stated.
“It was precisely the failure of the Obasanjo government to effectively tackle corruption in the power sector that resulted in the theft of $16b meant for the power projects, and the denial of access to reliable and uninterrupted electricity services for majority of Nigerians. The Yar’Adua government should learn from this and encourage justice and accountability with respect to the outcome of the investigations by the House of Representatives,” the organizations concluded.
Signed
Adetokunbo Mumuni
SERAP’s Executive Director
Olasupo Ojo
President, CDHR
27/7/08
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