Floods: SERAP sues Buhari for 'missing ecological funds'

Socio-Economic Rights and Accountability Project has filed a lawsuit against President Muhammadu Buhari for "the failure to probe the spending of trillions of ecological funds by governments at all levels - federal, state and local authorities since 2001 to date, and to ensure the prosecution of alleged perpetrators of corruption and mismanagement of public funds.”

Joining the suit as defendants are Federation Attorney General and Justice Minister Abubakar Malami (SAN) and Federation Government Secretary Boss Mustapha.

The United Nations Children's Fund recently said that as many as 600 people died and 1.3 million were left homeless following the floods that ravaged most of the states of the country, with the destruction of properties worth billions.

In complaint number FHC/L/CS/2283/2022 filed last Friday in the Federal High Court in Lagos, SERAP asks the court “to order and compel President Buhari to expeditiously investigate and in-depth on Ecological Fund spending by governments at the federal, state and local levels from 2001 to date. »

SERAP is also asking the court "to order and compel President Buhari to ensure that the alleged perpetrators of corruption and mismanagement of trillions of ecological funds are promptly brought to justice and that all the missing public funds are fully recovered”.

In the lawsuit, SERAP argues that "the failure to investigate the allegedly missing trillions, to prosecute the alleged perpetrators and to recover the missing public funds is a fundamental breach of legal obligations constitutional and international."

SERAP also claims that "impunity for corruption in the management of the Ecological Fund will continue as long as senior officials remain largely unpunished for their alleged crimes".

According to SERAP, "It is in the public interest to order and compel President Buhari to investigate these allegations so that evidence can be presented in court and the truth about the expenses ecological funds be revealed, and justice served."

SERAP also argues that "the federal government violated obligations to protect and fulfill the human rights of those affected, and to provide them with access to justice and effective remedies."< /p>

The lawsuit filed on behalf of SERAP by its lawyer Kolawole Oluwadare reads in part: "The federal government has a legal obligation to address the calamitous consequences of the floods for the human rights of millions of people , and to prevent and address the consequences that climate change may have on human rights.”

"According to the Audit of the Ecological Fund Office by Nigeria's Extractive Industries Transparency Initiative, the total amount received by the fund from December 2011 to November 2016 was US$277 billion. naira."

“The operations of the Fund from 2012 to 2016 would have shown that some disbursements were not used for the purposes for which it was created. During these periods, N74,170,932,645.20 was given to state governments to address environmental issues in their states. »

"Although ecological funds are shared between the three levels of government and emergency management agencies, the funds are managed and overseen by the federal government."

"The federal government has a legal obligation to prevent and address threats to human rights that result from climate change, and to provide access to justice and effective remedies for the victims when these rights are violated."< /p>

"The federal government has a positive obligation to protect individuals from the human rights threat posed by climate change, regardless of the causes, and to effectively address the consequences of floods, such as deterioration of health, reduced access to drinking water and vulnerability to disease. »

“Climate change also has the potential to exacerbate existing threats to human rights in the country. Rising global temperatures will jeopardize the livelihoods of many people, increasing their vulnerability to poverty and social deprivation. »

"Many years of allegations of corruption and mismanagement of Ecological Fund spending and entrenched impunity for perpetrators have undermined the capacity of governments at all levels and emergency management agencies to prevent the impact of floods on human life rights of vulnerable Nigerians.”

"Allegations of corruption and mismanagement have undermined the ability of authorities at all levels to invest in drainage systems and address soil erosion and the challenges of climate change in several regions of the country."

"The funds released for ecological projects are characterized by poor management,...