The Pacesetter Frontier Magazine

Tag: SERAP

  • Court Adjourns SERAP’s N100m Defamation Appeal To October 13

    Court Adjourns SERAP’s N100m Defamation Appeal To October 13

    Precious Nwonu, Enugu

    The Court of Appeal in Abuja has adjourned until October 13 the hearing of two appeals arising from a defamation case in which the Federal Capital Territory High Court ordered the Socio-Economic Rights and Accountability Project to pay N100m in damages to two Department of State Services officials.

    A three-member panel led by Justice Danlami Senchi fixed the new date on Friday after discovering that a related appeal filed by Kolawole Oluwadare was not ready for hearing.

    The panel consequently reversed its earlier decision to reserve judgment in SERAP’s appeal, ruling that both cases should be heard together because they originated from the same judgment of the lower court.

    The appeals, marked CA/ABJ/CV/1114/2026 and CA/ABJ/CV/1105/2026, were filed by SERAP and Oluwadare, respectively, against Sarah John and two others.

    SERAP is challenging a May 5, 2026, judgment by Justice Yusuf Halilu of the FCT High Court, which found the organisation liable for defamation over publications concerning an alleged invasion of its Abuja office by DSS officials in September 2024.

    During Friday’s proceedings, counsel to Oluwadare, Hannah Ayanwale, told the court that the second appeal was not ready because the appellant’s brief had been filed only the previous day. She also said a document had inadvertently been omitted from the additional record of appeal.

    Akinlolu Kehinde, SAN, who represented the first and second respondents in the related appeal, argued that the case amounted to an abuse of court process, noting that the matters had been heard jointly at the trial court.

    He said the respondents had assumed the appeal was no longer active because the appellant’s counsel had not filed the necessary processes within the expected time. Kehinde apologised for not filing an application to challenge the appeal earlier and sought time to submit the respondents’ briefs.

    Paul Ngbeoma, counsel to the third respondent, also apologised to the court, stating that his client would participate in the proceedings without filing additional processes.

    The panel criticised the respondents’ lawyers for failing to alert the court that the appeal was not ready before the matter was called.

    Justice Senchi stressed that only the court could decide whether an appeal should be removed from its list, adding that the service of the appellant’s brief showed that the case remained active.

    The court directed the first and second respondents to file their briefs by Monday, October 12, while the appellant was ordered to submit a reply by Tuesday morning.

    Explaining its decision to vacate the earlier order reserving judgment in SERAP’s appeal, the panel said counsel had not informed it that both appeals arose from the same lower court judgment. It held that the second appeal’s status made it necessary to hear the cases together.

    The dispute followed publications made by SERAP on September 9, 2024, alleging that DSS officials unlawfully entered its Abuja office after the organisation called on President Bola Tinubu to investigate alleged corruption at the Nigerian National Petroleum Company Limited and reverse increases in petrol prices.

    The publications reportedly described the officers as “a tall, large, dark-skinned woman” and “a slim, dark-skinned man” without naming them.

    The two officials subsequently sued SERAP for defamation, leading to the FCT High Court’s decision to award N100m in damages against the organisation and order an apology.

    In its appeal, SERAP challenged the finding of liability, the damages awarded and the consequential orders made by the trial court.

    The organisation argued that the claimants were not identified by name, rank, designation, office or photograph in the publications and that no independent witness established that readers understood the descriptions to refer specifically to them.

    SERAP also questioned the trial court’s reliance on its own observation of the officials’ physical appearance to establish their identification.

    It further argued that claims of psychological harm and damage to reputation were not supported by sufficient evidence of specific professional, financial or reputational losses.

    The organisation is asking the Court of Appeal to overturn the judgment.

    The appellate court is scheduled to hear both appeals on October 13.

  • SERAP Gives INEC Seven Days to Explain Alleged ₦126bn Electoral Spending

    SERAP Gives INEC Seven Days to Explain Alleged ₦126bn Electoral Spending

    Precious Nwonu, Enugu

    The Socio-Economic Rights and Accountability Project has given the Independent National Electoral Commission seven days to account for more than ₦126.46bn in electoral funds flagged over alleged procurement irregularities.

    SERAP made the demand in a statement issued by its Deputy Director, Kolawole Oluwadare, following concerns raised in the 2023 audited report of the Auditor-General of the Federation.

    The audit report, published on August 7, 2026, examined government transactions between January and December 2022, with some findings extending to December 31, 2023.

    According to SERAP, the funds in question were linked to the procurement of ballot boxes, electoral devices and other materials, sensitive electoral materials, result sheets, vehicles and other services related to election administration.

    The organisation said some of the payments were allegedly made without following required procurement procedures, while the delivery or utilisation of some of the goods and services could not be established.

    SERAP urged INEC to provide details of the amounts paid, beneficiaries, contracts and procurement processes, as well as the contractors and suppliers involved.

    It also asked the commission to provide evidence of the delivery and utilisation of the goods and services and account for the current status of the electoral assets involved.

    The organisation further called on INEC Chairman, Professor Joash Ojo Amupitan, to refer the alleged financial irregularities to the Economic and Financial Crimes Commission and the Independent Corrupt Practices and Other Related Offences Commission for investigation.

    SERAP said the agencies should prosecute anyone found culpable and recover public funds where wrongdoing is established.

    One of the major issues highlighted by the organisation involved more than ₦112.15bn allegedly paid for ballot boxes, electoral devices, items and materials without competitive bidding or a Certificate of No Objection from the Bureau of Public Procurement.

    SERAP said the Auditor-General reported that there was no evidence that the items were procured.

    The organisation also said the audit raised questions about the companies involved, including concerns over their competence, experience, capacity, addresses and factory locations.

    SERAP maintained that INEC must account for the funds and demonstrate that they were spent for their intended purposes.

  • Missing N881bn: SERAP sues Buhari

    Socio–Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari over his failure to probe allegations that over 880 billion of public funds are missing from 367 ministries, departments and agencies (MDAs), to ensure the prosecution of those suspected to be responsible, and the recovery of any missing or diverted public funds.

    The suit followed allegations contained in part 2 of the 2018 annual audited report by the Office of the Auditor General of the Federation that 880,894,733,084.811 was spent by 367 MDAs without any appropriation.

    In the suit, number FHC/ABJ/CS/1281/2021, filed last week at the Federal High Court in Abuja, SERAP is seeking: “an order of mandamus to direct and compel President Buhari to promptly investigate the alleged missing N881 billion of public funds, and to ensure the prosecution of those suspected to be responsible, and the full recovery of any missing, mismanaged or diverted public funds.”

    In the suit, filed by its lawyer, Kolawole Oluwadare, SERAP is arguing that: “complying with constitutional requirements and international standards on spending of public funds would ensure effective and efficient management of public resources, and put the country’s wealth and resources to work for the common good of all Nigerians.

    “It is in the interest of justice to grant this application, as it would improve respect for the rights of Nigerians, and improve their access to essential public goods and services, which ought to be provided by the indicted MDAs.

    “President Buhari has a constitutional duty to ensure the investigation and prosecution of allegations of corruption, as well as recovery of any missing public funds. Section 15(5) of the 1999 Nigerian Constitution (as amended), requires the Buhari administration to abolish all corrupt practices and abuse of power.

    “Granting the reliefs sought would help to address the adverse consequences of unconstitutional and poor management of public resources on the human rights of poor Nigerians.”

    Joined in the suit as respondents are the Minister of Justice and Attorney General of the Federation, Abubakar Malami, and the Minister of Finance, Budget and National Planning, Zainab Ahmed.

    No date has been fixed for the hearing of the suit.

    Source: www.sunnewsonline.com

  • SERAP sues Buhari over plan to intercept and monitor phone calls, WhatsApp and text messages of Nigerians.

     

    Socio–Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari, asking the court to declare illegal and unconstitutional plan by the administration to track, intercept and monitor WhatsApp messages, phone calls, and text messages of Nigerians and other people, as it severely threatens and violates the right to the preservation of privacy.

     

    The suit followed the proposal in the Supplementary Appropriation Act signed in July 2021 to spend N4.87 billion to monitor private calls and messages. The amount is part of the N895.8billion supplementary budget approved by the National Assembly.

     

    In the suit number FHC/ABJ/CS/1240/2021 filed last Friday at the Federal High Court in Abuja, SERAP is seeking an order of perpetual injunction restraining President Buhari and any other authority, persons or group of persons from unlawfully monitoring the WhatsApp messages, phone calls and text messages of Nigerians and other people.

     

     

     

     

    SERAP is also seeking a declaration that any monitoring of WhatsApp messages, phone calls and text messages is oppressive and draconian, as it threatens and violates sections 37 and 39 of Nigerian Constitution 1999 (as amended); Article 9 of the African Charter on Human and Peoples’ Rights and Articles 17 and 19 of International Covenant on Civil and Political Rights, to which Nigeria is a state party.

     

    The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Kehinde Oyewumi, read in part: “The plan to monitor WhatsApp messages, phone calls and text messages is an arbitrary interference by the administration into respect for family and private life, the home, and correspondence. It also fails to meet the requirements of legality, necessity, and proportionality. The Buhari administration has legal obligations to protect Nigerians and other people against arbitrary interference and violations of their human rights. Monitoring of WhatsApp messages, phone calls and text messages would grant free rein to government agencies to conduct mass surveillance of communications of people. The mere threat of mass surveillance, even when secret, coupled with the lack of remedy, can constitute an interference with human rights, including the rights to privacy, freedom of expression, peaceful assembly and association. Privacy and expression are intertwined in the digital age, with online privacy serving as a gateway to secure exercise of the freedom of opinion and expression. Therefore, targets of surveillance would suffer interference with their rights to privacy and freedom of opinion and expression whether the effort to monitor is successful or not.”

     

    Joined in the suit as respondents are Minister of Justice and Attorney General of the Federation, Abubakar Malami and Minister of Finance, Budget and National Planning, Mrs Zainab Ahmed.

     

     

     

    “The powers to conduct arbitrary, abusive or unlawful surveillance of communications may also be used to target political figures and activists, journalists and others in the discharge of their lawful activities. Any spending of public funds should stay within the limits of constitutional responsibilities, and oath of office by public officers, as well as comply with Chapter 2 of the Nigerian Constitution relating to fundamental objectives and directive principles of state policy. The lack of any safeguards against discriminatory decision-making, and access to an effective remedy shows the grave threats the purported plan poses to constitutionally and internationally recognised human rights.

     

    “Section 37 of the Nigerian Constitution and Article 17 of the International Covenant on Civil and Political Rights provide for the right to freedom from arbitrary or unlawful interference with privacy and correspondence, communications and private data. Section 39 of the Nigerian Constitution and Article 19 of the Covenant also guarantee the right of everyone to hold opinions without interference and to seek, receive and impart information and ideas of all kinds, regardless of frontiers and through any media. The UN General Assembly has condemned unlawful or arbitrary surveillance and interception of communications as ‘highly intrusive acts’ that interfere with fundamental human rights (see General Assembly resolutions 68/167 and 71/199). Interference with privacy through targeted surveillance is designed to repress the exercise of the right to freedom of expression. Surveillance of journalists, activists, opposition figures, critics and others simply exercising their right to freedom of expression – would lead to violations of other human rights. Targeted surveillance creates incentives for self-censorship and directly undermines the ability of journalists and human rights defenders to conduct investigations and build and maintain relationships with sources of information.”

     

    No date has been fixed for the hearing of the suit.

     

     

     

     

    Source: www.sunnewsonline.com

  • Buhari bans Journalists and broadcast stations from reporting details of terrorist attacks

    Socio-Economic Rights and Accountability Project (SERAP) has called on President Muhammadu Buhari to urgently instruct Lai Mohammed, Minister of Information and Culture, and the National Broadcasting Commission (NBC) to withdraw the directive banning journalists and broadcast stations from reporting details of terrorist attacks and victims across the country.

     

    NBC had in a letter dated July 7 issued a directive asking journalists, television and radio stations in Nigeria to stop glamourising and giving too many details on the nefarious activities of terrorists and kidnappers during their daily newspaper reviews.

    SERAP, in a letter to President Buhari, expressed grave concern that contents of the NBC directive would restrict the rights to freedom of expression, information, and victims’ right to justice and effective remedies that are central to public debate and accountability in a democratic society.

     

    In a letter dated 17 July and signed by its deputy director, Kolawole Oluwadare, SERAP said: “The contents of the directive by the NBC to journalists and broadcast stations are entirely inconsistent and incompatible with Nigeria’s obligations under Article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights. We would be grateful if the repressive directive is withdrawn within 24 hours of the receipt and/or publication of this letter. If we have not heard from you by then, the SERAP shall take all appropriate legal actions in the public interest.

     

    “Reporting on the growing violence and killings in many parts of the country is a matter of public interest. The NBC directive to journalists and broadcast stations to stop reporting these cases, coupled with the possibility of fines and other punishment, would have a disproportionate chilling effect on the work of those seeking to hold the government accountable to the public.

     

    “The broad definitions of what may constitute ‘too many details’, ‘glamourising’, ‘divisive rhetoric’, and ‘security issues’ heighten concerns of overreach, confer far-reaching discretion on the government, and suggest that the NBC directive is more intrusive than necessary. These words and phrases do not indicate precisely what kind of individual conduct would fall within their ambit.

     

    “The vague and overbroad definitions of ‘too many details’, ‘glamourising’, ‘divisive rhetoric’, and ‘security issues’ also raise concern that the NBC directive unduly interferes with the rights to freedom of expression and information, and is disproportionate to any purported legitimate governmental aim. Ill-defined and/or overly broad directives are open to arbitrary application and abuse. The use of these words and phrases by the NBC, given their opaque and ambiguous meaning, leaves open the possibility for application beyond unequivocal incitement to hatred, hostility or violence. Such words and phrases may function to interpret legitimate reporting by broadcast stations, journalists, and other Nigerians as unlawful.”

     

     

     

     

     

    Source: www.sunnewsonline.com