Socio-Economic Rights and Accountability Project (SERAP) has dragged the Federal Government to court over the withdrawal of N446.3bn corruption charges/suit against Muhammed Abacha.
Joined in the suit are President Goodluck Jonathan and the Attorney General of the Federation, Muhammed Adoke.
In the suit number FHC/L/CS/1007/2014 filed yesterday before the Federal High Court, Lagos, by Adetokunbo Mumuni and Oyindamola Musa on behalf of the organization, SERAP argued that, “Section 15 (5) of the 1999 Constitution provides that, “The State shall abolish all corrupt practices and abuse of power.” This means that the Defendants are to prevent the exploitation of Nigeria’s human and natural resources for any reasons other than for the good of the community. It also means that in cases of corruption the Defendants will ensure diligent and effective prosecution of suspected perpetrators.”
The organization is asking the court for the following reliefs:
A DECLARATION that the withdrawal by the Defendants of N446.3bn corruption charges/suit against Muhammed Abacha is illegal and unconstitutional having regard to Section 15(5) of the 1999 Constitution of Nigeria, which provides that the state shall abolish all corrupt practices and abuse of power.
A DECLARATION that the withdrawal by the Defendants of N446.3bn corruption charges/suit against Muhammed Abacha is illegal and unconstitutional having regard to Section 174(3) of the 1999 Constitution of Nigeria, which provides that the Second Defendant in the exercise of his power to undertake criminal proceedings shall have regard to the public interest, interest of justice and the need to prevent abuse of legal process.
A DECLARATION that the withdrawal by the Defendants of N446.3bn corruption charges/suit against Muhammed Abacha is illegal having regard to Nigeria’s international obligations under the UN Convention against Corruption, which requires Nigeria to apply in good faith its domestic law and in manner that does not frustrate or defeat the object and purpose of the Convention to end impunity for large-scale corruption
AN ORDER directing the Defendants to reinstate the corruption charges/suit against Muhammed Abacha forthwith
“The good faith nature of the obligations assumed by Nigeria under the UN convention does not grant discretion to the Defendants to refuse to prosecute, recover stolen assets and end the impunity of perpetrators. It is submitted that there are no exceptional circumstances warranting the withdrawal of the corruption charges/suit against Muhammed Abacha by the Defendants.
It is further submitted that by withdrawing the charges/suit, the Defendants have denied the appropriate authorities the opportunity to hear evidence and decide whether or not a case of corruption is established against Muhammed Abacha,” the organization further argued.
“The exercise of withdrawal power is not compatible with the need to avoid impunity for corruption prohibited under the UN Convention against Corruption.”culled
No date has been fixed for the hearing of the suit.
*date keh? no date will ever be fixed...#naijalawah# a broom will be used to sweep this neatly under the carpet and SERAP will vanish...otherwise they should fix a date
Seriously,
ReplyDeleteThey should answer.
a.k.a EDWIN CHINEDU AZUBUKO said...
ReplyDelete.
Serious matter....
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***CURRENTLY IN JUPITER***
Jokers! You want to sue the federal govt even after they gave reasons for their action? please tell me something else.
ReplyDeleteHmmmmm…I dont envy my dear President at all! Haba!
ReplyDeleteAbegi all this mumu organizations sef! Because Abacha don die? Who is probing the greatest thief amongst them.... IBB and OBJ? Abi nah till them too die? Nigeria will be better if we stop all this selective prosecutions.what is good for goose is also good for the gander! Poppins.
ReplyDeleteAbeg I no fit read dis long stuFf.
ReplyDeleteIn as much as I am bitter about politicians stealing our money, I don't know why the Abacha family is singled out. How about the looters before and after Abacha. If they really want to clean up, let all who stole be prosecuted. Is someone afraid of them? Rose
ReplyDeleteHahaha you guys are not serious.. If u like sue him anywhere in naija concerning thus particular case, u can never win..ho and read d constitution (d power that was vested on d President)
ReplyDeleteChris Brown Show off his Girlfriend's Butt on Instagram flaunting her Stretch Marks(Photos)
Abacha's money done finish since abeg... Nigeria should stop harassing private citizens.
ReplyDeleteSo money should transfer from Abacha to another corrupt individual.