THE Socio-Economic Rights and Accountability Project (SERAP) has described as "disappointing" and "a setback in the fight against large scale official corruption" the ruling Friday by an Abuja Federal High Court presided over by Justice Gabriel Kolawole.
Justice Kolawole had dismissed an action seeking to compel former military president, Gen. Ibrahim Badamasi Babangida to account for how his leadership expended the $12.4 billion oil windfall between 1988 and 1994.
In a statement signed by SERAP Executive Director, Adetokunbo Mumuni, the organization stated that, "At a time when this country has enacted the Freedom of Information Act, the ruling on the suit seeking accountability for the missing $12.4 billion oil windfall is a major setback for victims of large scale corruption. It potentially could encourage impunity of perpetrators of corruption. The ruling sends a wrong message that it is alright to steal public funds and that there will be no accountability for suspected perpetrators."
According to the group, "On the one hand, the court held that the plaintiffs lacked locus standi to bring the case. On the other hand, the court stated that the plaintiffs should not be seen as busy bodies but patriotic citizens. The court even praised 'the courage and dedication of SERAP in instituting the matter, calling the group a serious minded organisation desirous of ridding Nigeria of all of corruption.' But these statements seem to be contradictory.
"We, therefore, reject the ruling in its entirety as it does not reflect the correct position of the law, as aptly articulated by the Court of Appeal in Fawehinmi vs President, (2007) 14 NWLR (Pt.1054) 275, to the effect that 'the issue of locus standi, in a country like ours, should be construed liberally, so that people and organizations should not be denied access to the courts.' We are studying the ruling and will be appealing against it before the Court of Appeal. The battle is not over."
The group also quoted the Court of Appeal as saying that, "The Constitution or any other Law can only be tested in Courts; it is access to the courts for such test that will give satisfaction to the people for whom the Constitution or the Law is made."
It would be recalled that the ruling was delivered after several adjournments. Falana and Falana Chambers filed the suit on behalf of SERAP and five other right groups.
It would be recalled that a coalition of six civil society groups led by Socio-Economic Rights and Accountability Project (SERAP) sued the AGF and CBN in September 2010, seeking information on how $12.4 billion oil windfall of between 1988 and 1994 was spent.
The other plaintiffs in the suit are: Women Advocates and Documentation Centre (WARDC); Human and Environmental Development Agenda (HEDA), Access to Justice (AJ); Partnership for Justice, and Committee for Defence of Human Rights (CDHR).
