General
SERAP Sues FG Over $25bn Overdraft From CBN
By Adedapo Adesanya
The federal government has been sued by the Socio-Economic Rights and Accountability Project (SERAP) over the $25 billion overdraft it took from the Central Bank of Nigeria (CBN).
The organisation, in its suit filed last week at the Federal High Court, Abuja, was the FG to disclose spending details of the overdraft and loans obtained from the CBN since the inauguration of President Muhammadu Buhari on May 29, 2015.
In the suit number, FHC/ABJ/CS/559/2021 filed on behalf of SERAP by its lawyers, Mr Kolawole Oluwadare and Ms Adelanke Aremo, they added that the information must include the projects on which the overdraft has been spent and repayments of all overdrafts to date.
SERAP is also seeking an order to compel the president to “explain and clarify whether the $25 billion (N9.7 trillion) overdraft reportedly obtained from the CBN is within the five-per cent limit of the actual revenue of the government for 2020.”
The suit followed SERAP’s Freedom of Information (FoI) request to President Buhari, stating that: “Disclosing details of overdrafts and repayments would enable Nigerians to hold the government to account for its fiscal management and ensure that public funds are not mismanaged or diverted.”
SERAP is also seeking: “an order directing and compelling President Buhari to disclose details of overdrafts taken from the CBN by successive governments between 1999 and 2015.”
In the suit, SERAP is arguing that: “Secrecy and the lack of public scrutiny of the details of CBN overdrafts and repayments are antithetical to the public interest, the common good, the country’s international legal obligations, and a fundamental breach of constitutional oath of office.”
Joined in the suit as respondents are the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN; the Minister of Finance, Budget and National Planning, Zainab Ahmed; and the Governor of CBN, Godwin Emefiele.
SERAP is also arguing that: “Ensuring transparency and accountability in the spending of CBN overdrafts and loans would promote prudence in debt management, reduce any risks of corruption and mismanagement, and help the government to avoid the pitfalls of excessive debt.”
According to SERAP: “By the combined reading of the Constitution of Nigeria 1999 (as amended), the Freedom of Information Act, the UN Convention against Corruption, and the African Charter on Human and Peoples’ Rights, there are transparency obligations imposed on the government to disclose information to the public concerning details of CBN overdrafts, loans and repayments to date.”
SERAP is also arguing that: “The Nigerian Constitution, Freedom of Information Act, and these treaties rest on the basic principle that citizens should have access to information regarding their government’s activities.
“Transparency and accountability in the spending of CBN overdrafts would also ensure that public funds are properly spent, reduce the level of public debt, and improve the ability of the government to invest in essential public goods and services, such as quality education, healthcare, and clean water.”
“It is the primary responsibility of the government to ensure public access to these services in order to lift millions of Nigerians out of poverty and to achieve the Sustainable Development Goals by 2030.
“Transparency and accountability in the spending of CBN overdrafts and loans would also improve the ability of the government to effectively respond to the COVID-19 crisis. This means that the government would not have to choose between saving lives or making debt payments.
“The recent overdraft of $25.6 billion (about N9.7 trillion) reportedly obtained from the CBN would appear to be above the five-per cent limit of the actual revenue of the federal government for 2020, that is, N3.9 trillion, prescribed by Section 38(2) of the CBN Act 2007. SERAP notes that five per cent of N3.9 trillion is N197 billion.
“While Section 38(1) of the CBN Act allows the Bank to grant overdrafts to the Federal Government to address any temporary deficiency of budget revenue, sub-section 2 provides that any outstanding overdraft ‘shall not exceed five per cent of the previous year’s actual revenue of the Federal Government.’
“Similarly, Section 38(3) requires all overdrafts to ‘be repaid as soon as possible and by the end of the financial year in which the overdrafts are granted.’
“The CBN is prohibited from granting any further overdrafts until all outstanding overdrafts have been fully repaid. Under the CBN Act, ‘no repayment shall take the form of a promising note or such other promise to pay at a future date, treasury bills, bonds or other forms of security which is required to be underwritten by the bank.’
“Similarly, the Fiscal Responsibility Act provides in section 41 that the government ‘shall only borrow for capital expenditure and human development.’ Under the Act, the government ‘shall ensure that the level of public debt as a proportion of national income is held at a sustainable level.’
“Section 44 of the Fiscal Responsibility Act requires the government to specify the purpose of any borrowing, which must be applied towards capital expenditures, and to carry out a cost-benefit analysis, including the economic and social benefits of any borrowing. Any borrowing should serve the public good, and be guided by human rights principles.
“SERAP has consistently recommended to the Federal Government to reduce its level of borrowing and to look at other options of how to finance its budget, such as reducing the costs of governance and addressing systemic and widespread corruption in ministries, departments and agencies (MDAs) that have been documented by the Office of the Auditor-General of the Federation.
“Our requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution; the Freedom of Information Act; the Fiscal Responsibility Act; the Central Bank Act; the Debt Management Office Act; and the country’s international legal obligations.
“There is a statutory obligation on the respondents, being public officers in their respective public offices, to proactively keep, organize and maintain all information or records about CBN overdrafts, loans, and repayments in a manner that facilitates public access to such information or records.
“Mandamus lies to secure the performance of a public duty in the performance in which the applicant has a sufficient legal interest.
“Unless the reliefs sought by SERAP are granted, the respondents will not provide SERAP with the information requested and will continue to be in breach of their constitutional responsibilities and the country’s international legal obligations and commitments.”
By Adedapo Adesanya
The National Identity Management Commission (NIMC) has launched a WhatsApp and live chat support platforms to provide faster and more accessible assistance to Nigerians and legal residents seeking help with National Identification Number (NIN) related enquiries.
According to NIMC, the new digital customer support channels were introduced as part of ongoing reforms and digital transformation initiatives under the leadership of the Director-General and Chief Executive Officer, Mrs Abisoye Coker-Odusote.
The commission said members of the public can now access support services through the live chat feature on its official website and the official NIMC WhatsApp support line.
It explained that the initiative was designed to improve accessibility, responsiveness and overall service delivery for Nigerians seeking information and support on identity management services.
NIMC stated that the platforms would provide prompt responses to enquiries, real-time guidance and improved customer interaction from any location, thereby reducing the need for physical visits to its offices.
The agency added that the move aligns with the Renewed Hope Agenda of President Bola Ahmed Tinubu, which seeks to improve public sector efficiency and expand access to government services through technology-driven solutions.
“The initiative reflects the Commission’s commitment to service innovation, citizen-centred engagement, and efficient identity management service delivery in line with the Renewed Hope Agenda of President Bola Ahmed Tinubu(GCFR), aimed at improving public sector efficiency and enhancing access to government services through technology-driven solutions.
“The newly introduced platforms are designed to provide prompt responses to enquiries, real-time guidance, and improved customer interaction from anywhere and at any time, reducing the need for physical visits while enhancing user experience and operational efficiency.
“Under the visionary leadership of Engr. Abisoye Coker-Odusote, NIMC continues to implement strategic reforms and innovative digital solutions focused on expanding access, strengthening public trust, and improving service delivery for all Nigerians and legal residents,” the commission stated.
By Adedapo Adesanya
Nigeria’s former Military Head of State, Mr Yakubu Gowon, will offer a personal account of the Nigerian civil war, one of the country’s darkest events, in his long-awaited autobiography due for launch on May 19.
Mr Gowon, who served as Nigeria’s leader from 1966 to 1975, said the book intends to clarify several written perspectives and policies surrounding the birth of the Nigerian Civil War.
In a statement released ahead of the book’s public presentation, Mr Gowon said the memoir provides his personal perspectives on events often narrated by others, saying it is not intended to reopen old wounds.
The Nigerian Civil War, often regarded as one of the darkest periods in Nigeria’s history, began in 1967 and ended in 1970.
“The autobiography became necessary because many accounts of the civil war era had been written from different perspectives over the years without fully reflecting [my] own reasoning as Nigeria’s leader at the time,” the statement said.
He added, “By choosing to write, I took a conscious decision not to reopen old wounds but to clarify my thinking on policies and plans at a period often narrated by others.
“My story is one of conviction evaluated by circumstances at the crossroads of expectations and reality.”
The 881-page book, published by Havilah Group, gives a personal account of General Gowon’s life, leadership journey, and reflections on defining moments in Nigeria’s history.
The book is scheduled for unveiling on May 19 at the Bola Ahmed Tinubu International Conference Centre, Abuja.
President Bola Tinubu is expected to attend the event as a special guest of honour, while Mr Theophilus Danjuma, former minister of defence and ex-chief of army staff, will perform the formal unveiling.
The event is expected to draw prominent political leaders, military veterans, diplomats, and senior government officials.
The autobiography also chronicles Mr Gowon’s early years and his emergence as Nigeria’s leader at a critical point in the country’s history. Born in 1934, Mr Gowon became head of state and commander-in-chief on August 1, 1966, and served for nine years.
After leaving office in 1975 after being ousted by General Murtala Muhammad, he went on to earn a PhD in political science from the University of Warwick in 1984 and has since focused on peacebuilding, national development, and spiritual leadership.
His post-service initiatives include the “Nigeria prays” movement and advocacy against guinea worm, HIV/AIDS, tuberculosis, and malaria through the Yakubu Gowon centre.
He also serves as Nigeria’s national goodwill ambassador for the control of viral hepatitis.
By Adedapo Adesanya
A Federal High Court has sentenced former Minister of Power, Mr Saleh Mamman, to 75 years in prison over the diversion of N33.8 billion meant for the Zungeru and Mambilla hydroelectric power projects.
Mr Mamman, who served as Minister of Power from August 2019 to July 2021, was accused of overseeing the alleged diversion of funds during his tenure.
The Economic and Financial Crimes Commission (EFCC) said he diverted the funds using some ministry officials, private companies, and Bureau de Change (BDC) operators.
He was also reported to have purchased the Taraba State governorship forms under the All Progressives Congress (APC), while separately facing another case at the FCT High Court in Maitama, where he is accused of diverting N31 billion meant for the Mambilla Power Project.
Delivering the judgment today, Justice Omotosho sentenced Mr Mamman, who is on the run and was absent at the last court sitting, on each count and ordered that the sentences run consecutively, bringing the total to 75 years.
The court also ruled that the sentence will begin to run from the day the convict is arrested, and ordered all security agencies, including Interpol, to apprehend him wherever he is found.
Monies recovered, along with forfeited properties, are to be remitted to the Federal Government, while the convict is also ordered to pay the outstanding balance of ₦22 billion tied to the affected hydroelectric power projects.
He was removed from office by the late president in 2021 and arrested by the anti-money laundering organisation four months after. He was said to have used embezzled funds of up to N33.8 billion to acquire properties.
Last week, the judge confirmed that Mr Mamman made a cash payment of $655,700 (equivalent to N200 million) for landed property in Abuja, without recourse to a financial institution.
He was also found guilty of criminal breach of trust in relation to funds released by the federal government for the Mambilla and Zungeru Hydroelectric Power Plant projects.
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