Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the government of President Muhammadu Buhari over “secrecy in the spending of loans so far obtained, the unsustainable level of borrowing by the government and the 36 states, debt crisis, and the disproportionately negative impact of these retrogressive measures on poor Nigerians.”
In the suit number ECW/CCJ/APP/05/22 filed last week before the ECOWAS Court of Justice in Abuja, SERAP is seeking: “An order directing and compelling the Federal Government to issue an immediate moratorium on borrowing by itself, and the 36 states, in conformity with the country’s international human rights obligations.”
SERAP is also seeking “an order directing and compelling the Federal Government to publish details of spending of the loans obtained by governments since 1999 including the list of projects and locations of any such projects on which these loans have been spent.”
In the the suit filed by SERAP and behalf of concerned Nigerians, the organization contends that, “Persistent and unsustainable borrowing by the federal and state governments and the crippling debt burden undermine the rights of Nigerians to economic and social development, and are antithetical to the public interest.”
SERAP is arguing that, “The crippling debt burden is a human rights issue within the jurisdiction of the ECOWAS Court because when the entire country is burdened by unsustainable debts, there will be little money left to ensure access of poor and vulnerable Nigerians to legally enforceable socio-economic rights.”
SERAP is also arguing that, “There is lack of transparency and accountability in the spending of the loans so far obtained, and opacity around the terms and conditions in loan agreements, including repayment details for these loans. The details of the projects on which the loans are spent are shrouded in secrecy.”
SERAP is also seeking “an order directing and compelling the Federal Government to conduct assessment of the borrowing by governments since 1999 to address the dire consequences of unsustainable debts on people and communities and to ensure that borrowing at all levels of government considers the human rights impacts.”
In the suit filed by SERAP lawyers Kolawole Oluwadare and Opeyemi Owolabi, the organization contends that, “Long-term unsustainable debt can be a barrier to the government’s ability to mobilize resources for human rights, and may lead to taxes and user fees that impact negatively on vulnerable and marginalized Nigerians.”
The suit, read in part: “If not addressed, the escalating borrowing and looming debt crisis would cripple the ability of both the Federal Government and the 36 states to deliver ensure basic socio-economic rights, such as quality healthcare, education, and clean water of the most vulnerable and marginalized sectors of the population.”
“Without a moratorium on borrowing, the Federal Government and many of the 36 states may be caught in a process driven mostly by creditors’ needs. This will result in an exorbitant social cost for the marginalized and vulnerable sectors of the population.”
“The ability of the Nigerian government to ensure human rights is inextricably related to the ability to spend needed resources. Growing debt burdens and debt repayment difficulties will have negative impacts on the ability of the Defendant to fulfill the basic socio-economic rights of poor and vulnerable Nigerians.”
“Sustainable debt management by the Federal Government and state governments will contribute to mobilizing resources for human rights and essential public services, and promote a culture of responsible borrowing.”
“The Federal Government and many of the 36 states would seem to be in debt distress or at high risk of debt distress. According to reports, the Senate and House of Representatives recently approved the loans of $5,803,364,553.50 and a grant component of $10m under the 2018-2020 External Borrowing (Rolling) Plan of the Federal Government.”
“This followed previous approvals by the National Assembly of $16.2 (16,230,077,718) billion loan; €1 (1,020,000,000) million and a grant component of $125 million loan; $36.8 billion, €910 million loans, and a grant component of $10 million; $8.3 billion and €490 million loans; $6.1 billion, $1.5 billion and 995 million loans; and $4(4,054,476,863), €710 million and grant component of $125 million.”
“Several of the 36 states are also facing a debt crisis, and vicious debt cycles. According to the Debt Management Office, the foreign debt stock of the Federal Government, 36 state governments and the Federal Capital Territory presently stands at $37.9bn.”
“The loans from China alone amount to $3.59bn. According to the UN Independent Expert on foreign debt and human rights, Nigeria faces debt service relative to tax revenues that exceed 20 per cent, with escalating social tensions linked to poverty and inequality.”
“According to the World Bank’s IDA FY21 Report, with debt exposure of $11.7 Billion US Dollars, Nigeria ranked fifth among the top 10 countries with highest debt risk exposure. The top four countries are India with $22 billion, Bangladesh ($18.1 Billion), Pakistan ($16.4 Billion), and Vietnam ($14.1 Billion).”
“While it is critical for the Federal Government and state governments to have adequate resources to fund their budgets, it is equally critical for governments to give consideration to the human rights impact of borrowing. Persistent borrowing is inconsistent with the country’s human rights obligations.”
SERAP is also asking the ECOWAS Court for the following reliefs:
- A DECLARATION that the failure of the Defendant to halt the persistent and unsustainable borrowing amounts to a breach of the Plaintiff’s and other Nigerians’ rights to the enjoyment of socio-economic rights, and development, as guaranteed under articles 2, 9, 11, 12 and 13 of the International Covenant on Economic, Social and Cultural Rights, and articles 2, 15, 16, 17, 22 and 24 of the African Charter on Human and Peoples’ Rights.
- A DECLARATION that the failure of the Defendant to halt the persistent and unsustainable borrowing amounts to a fundamental breach of Nigeria’s human rights obligations under the International Covenant on Economic, Social and Cultural Rights, and the African Charter on Human and Peoples’ Rights.
- AN ORDER directing and compelling the Defendant to adopt and ensure effective measures to address transparency and accountability gaps in spending of loans, and the systemic and widespread corruption in ministries, departments and agencies, as documented by the Office of the Auditor-General of the Federation, including in the 2019 Audited Report.
- AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant and its agents from embarking on unsustainable borrowing until the human rights impact assessment of the previous borrowing is conducted and recommendations fully implemented.
- SUCH FURTHER orders the Honorable Court may deem fit to make in the circumstances of this suit.
No date has been fixed for the hearing of the suit.
Kolawole Oluwadare
SERAP Deputy Director
23/1/2022
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202
2023: PDP will have transparent primaries in Delta – Okowa
Delta Governor, Senator (Dr) Ifeanyi Okowa, has assured members of the Peoples Democratic Party (PDP) in the state of free, fair and transparent primary elections ahead of 2023 general elections.
The governor gave the assurance while addressing PDP faithful at a mega rally organised by the the party in Delta at the Cenotaph, Asaba, on Saturday, and affirmed that PDP remained one united family in the state.
He assured that leaders of the party in the state would ensure that primaries for all elective positions were free and credible.
He said that the massive mobilisation for the rally showed that PDP was ready to rescue Nigeria from the ruling All Progressives Congress (APC) and advised aspirants in other political parties not to waste their money to contest elections in Delta.
“I give thanks to God for what is happening here today and I thank our leaders in the PDP, our state and local government executives, our youths and women for the massive mobilisation for this rally.
“It is by the grace of God and through their hands that we have mobilised to make a statement today across Nigeria that PDP is prepared to take over this nation.
“One good thing about us in the PDP is that we are one family, we are not like the other people where one man takes it all. Here in PDP, we are one family.
“We work as a family with the love of God but in the other parties, they are always fighting themselves,” the governor said.
He thanked Deltans for their great support and cooperation with his administration, saying “we have been doing a great job as Deltans, but it is because Deltans voted us into power and that is why we have the opportunity to do the great job that we are doing for our state.
“It is because you have always supported us that is why when we win, we win very well. We won well in 2015 and in 2019, and in 2023 we will finish work again.
“We are advising those who want to run in other political parties not to waste their time and money because there is no space for them in Delta”.
Okowa remarked that his administration had done quite a lot since inception, explaining that he had appointed many youths into government and that never in the history of the state had youths been so appointed into various offices in the state.
“Never in the history of this state have youths been so empowered through our various empowerment and entrepreneurship programmes.
“We have done well for our women and we will continue to do more for them, and let me make it clear that even as we play politics, we will continue to do the work that you asked us to do,” he said.
On infrastructure, the governor assured Deltans that his administration would not slow down in constructing more roads, saying “until I leave office in May, 2023, we will continue to build more and more roads and for those who haven’t been to Asaba in recent times, when you see our new State Secretariat you will be proud that you are a Deltan.
“All our achievements are the collective efforts of all Deltans because you gave us the peace to work and we can’t thank you enough.”
He advised aspirants to control their followers, noting that there was no need for any fight as the party remained one big united family.
“We are one family in PDP; we cannot fight and we will never fight; at the appropriate time, it will be well with us.
“But, one thing I have always promised and I still promise today is that there will always be free and fair primaries; so, there is no room to fight.
“There is no room to quarrel, let us work together as one family that we are and ensure that PDP stays continuously as a family,” he stressed.
In his address, former Governor of the state, Chief James Ibori, lauded Governor Okowa for his leadership of the state and the party, and declared that he would continue to support him to succeed beyond his tenure as governor of the state.
“I thank you for the job you are doing in Delta and at the national level for the benefit of Nigerians.
“I most especially thank you for what I am seeing here today because you have done very well in Delta State and I cannot be more proud that you are our governor today.
“You are leading us very well and it is our duty, and we are all committed to say that you will finish very strong and at the end of the day we will all gather to thank God for you.
“From what I can see here you have provided an atmosphere for a free and fair contest and you have provided an atmosphere for people’s aspirations to be heard without intimidation whatsoever.
“Of a truth, this was the philosophy behind the formation of this great party when I said in 1998 that democracy is about opening up the space and environment for everybody to aspire to whatever he or she believes in and I thank you for continuing with that vision.
“I want to thank you on behalf of teeming members of our party thank you and pray that God will continue to guide you as you lead us in the years ahead,’’ Ibori said.
He added that he personally didn’t “believe that your leadership will terminate at the end of your tenure as governor; I don’t believe that.
“I have come to say that you have earned your strides and your strides will continue to carry you on by the grace of God.
“On behalf of my one vote, my unit in Ogharefe, Ethiope West Local Government Area, I want to commit and dedicate myself to the service of PDP Delta State and Nigeria at large”.
Welcoming defectors to the party earlier, Chairman of PDP in the state, Chief Kingsley Esiso, said that the rally was primarily organised to welcome decampees from APC and other political parties.
Esiso said that the massive exodus from APC was a testimony that the party has failed Nigerians in all ramifications.
“I can tell you that the primary purpose of this rally is to reduce the opposition party in Delta State by 90 per cent.
“My heart is full of joy and a testimony that APC is a failed political party and the people of Delta have come to realise that APC has only come to bring us economic hardship, poverty, banditry, kidnapping and failed promises.
“It is therefore not a surprise that every reasonable member of the APC is jumping ship to join us.
“Today, we are harvesting many of their leaders from different local government areas and we are celebrating this victory for our great party,” he said.
Other leaders who spoke at the rally included, Deputy Governor, Mr Kingsley Otuaro, Minority Leader, House of Representatives, Chief Ndudi Elumelu, Senator James Manager and former Senate Chief Whip, Senator Stella Omu.
The defectors to the PDP, who were in large number and led by former Chairman of APC in the state, Chief Cyril Ogodo. pledged to work for the PDP to ensure that APC was no more in the state.
PRESIDENT BUHARI CONDOLES WITH FAMILY OF PROF. JOSEPH YUSUF YAYOCK
President Muhammadu Buhari commiserates with family, friends and associates of renowned agriculturalist and administrator, Prof. Joseph Yusuf Yayock, 77.
The President joins the academia, government and people of Kaduna State in mourning the loss, which will certainly create a gap in the public and private institutions he served, and remained faithful in sharing knowledge and experience.
President Buhari affirms that the late scholar, who served as a resource person and consultant, contributed generously to national development, serving variously in Ahmadu Bello University, Zaria, Institute of Agricultural Research and the Institute for Agricultural Development, under the World Bank.
The President urges the family to uphold the public-spiritedness and humane disposition of the late Prof. Yayock, praying that God will grant his soul eternal rest.
Femi Adesina
Special Adviser to the President
(Media & Publicity)
January 22, 2022
PRESS STATEMENT
22ND JANUARY, 2022
DEFECTIONS: APC IS FINISHED IN DELTA – PDP
The Delta State Chapter of the Peoples Democratic Party, PDP, has welcomed with open arms, the arrival of prominent political opposition figures, particularly from the opposition All Progressives Congress, APC and other parties in the State, into the PDP family, under the big umbrella that covers the entire Delta State.
A statement by Delta PDP State Publicity Secretary, Dr Ifeanyi Osuoza, welcomed the defections of these political stalwarts from all the three Senatorial zones of the State, which includes Chief Cyril Ogodo, former APC State Chairman, Barr. Ogheneluemu Sylvester Imonina, acting State Publicity Secretary of APC, Precious Enuenweayoi, acting State Welfare Secretary of the APC, Chief Ben Onwuka, two times Oshimili South APC Chairman and former APC Senatorial Chairman, Eze Dr. Nelson Bini, Ndokwa East APC, Chief Barr. Ijeoma
Ukwuani APC, Barr. Peter Lotobi of the Sen. Ovie Omo Agege Solidarity Movement, Delta North, Ogbueshi Patrick Okonkwo, Oshimili North APC, Hon. Chief Victor Enuma and his supporters from Aboh, Ndokwa East, Apostle Victor Sorokwu, Former APC Senatorial Secretary, Delta North, Barr. Ogokuni Sylvester and Chief Emmanuel Ogbe from G30 APC Ndokwa East and West, APC Delta Central Elders Council led by Chief Sylvester Kowho, Mr. Voke Ighorodje, Senior Legislative Aide to Sen. Ovie Omo-Agege, and so many other distinguished Deltans, Hon. David Omotor, Hon. Emuobor Solomon, Hon. Elvis Awhinawhi, Comrade Michael Atake, Delta Central Chairmen, Chief Harrison Abuje, Wisdom Ghaghara, Hon. Samuel Omamor, Prof. David Ighodigho Ejerobor, Sir Imodje Boniface, Samson Joseph Iriruage, Chief Ighodigho, Chief John Araka and his group, all with their multitude of supporters and loyalists, running into tens of thousands, into the PDP family and described their action as a clear sign that the APC is fast crumbling and is all but finished in Delta State.
Dr. Osuoza’s statement reads: “Delta State PDP welcomes with open arms, the arrival of former chieftains and stalwarts of the All Progressive Congress, APC and other political parties including Chief Cyril Ogodo, former APC State Chairman, Barr. Ogheneluemu Sylvester Imonina, acting State Publicity Secretary of APC and Precious Enuenweayoi, acting State Welfare Secretary of the APC, just to mention but few, amongst an overwhelming number of distinguished Deltans, into our PDP family under the big umbrella that covers the entire Delta State.
“Due to the massive numbers of distinguished Deltans who have now made PDP their new political home and family, we have compiled a comprehensive list of these our brothers and sisters, which will be published in a separate press release very soon.
“Deltans already know the excellent and impressive track records of so many of these fine men and women, that brought credibility, charisma, tremendous goodwill, vibrant intellectual articulation and a huge sense of commitment in their zeal to shore up the APC’s dwindling fortunes and goodwill in what was already designated as failed project.
“Unfortunately, the fractured and factionalized APC failed woefully to appreciate the exceptional qualities and values which these stalwarts brought into their party and today we are very happy and excited to have them and their teeming supporters running into thousands, join our great PDP family, where they will be fully covered and protected under the mighty umbrella that is covering the entire Delta State.
“We have no doubt whatsoever that the defections of these distinguished Deltans and their multitude of supporters, had not just dealt a mortal body blow to the ailing and formless APC in Delta State, signalling that the party is collapsing and almost finished in the State, it will also expand the burgeoning ranks of our membership in their various Constituencies and Senatorial Zones and will further consolidate the already accepted fact that Delta is PDP and PDP is Delta.
“We are also very confident that they will all bring their wealth of experience, solid political capital and proactive dynamism into the PDP, as they break the bonds and shackles that had held them hostage and kept them in the bondage of APC, and begin to flourish in the new atmosphere of freedom in the PDP.
“The Umbrella is big and wide enough to accommodate all, and Delta PDP has always provided and will continue to provide the conducive atmosphere, a level playing field and an all inclusive environment for one and all true loyal and faithful party men, women and youths across the three Senatorial Zones, as we collectively work towards ensuring a #StrongerDelta, for all Deltans.
PDP! Power to the people!
Dr. Ifeanyi M. Osuoza
State Publicity Secretary,
PDP, Delta State
