The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against President Bola Tinubu over his alleged failure to order an investigation into claims that over N57 billion of public funds were misappropriated, stolen, or unaccounted for in the Federal Ministry of Humanitarian Affairs and Poverty Alleviation in 2021.
This legal challenge follows the release of the 2021 audited report by the Office of the Auditor-General of the Federation, which detailed these allegations.
Joined as a respondent in the suit, filed at the Federal High Court in Lagos under case number FHC/L/MISC/876/2024, is Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN.
SERAP seeks a court mandate compelling President Tinubu to direct Mr. Fagbemi and relevant anti-corruption agencies to investigate the allegations, prosecute those implicated if sufficient evidence exists, and recover the misappropriated funds.
SERAP’s case is centered on the premise that probing these allegations is critical to ending impunity among public officials. The organization argues that the theft of public funds, particularly from a ministry tasked with addressing poverty, constitutes a grave violation of public trust and impacts the welfare of millions of Nigerians. According to SERAP, the corruption outlined in the audit worsens the daily struggles of citizens who already bear the brunt of inadequate healthcare, education, and public services.
The 2021 audit report cites several instances of mismanagement and suspected misappropriation, including:
N54.6 billion designated for the N-Power program from August to December 2021, which was not paid directly to beneficiaries and is suspected to have been diverted.
N2.6 billion intended for the “Home-Grown School Feeding Program” during the COVID-19 pandemic, which was reportedly paid to contractors without evidence of execution.
N78 million spent on a survey of the Ministry’s COVID-19 response without proper approvals or documentation.
N400 million for stipends to 4,450 independent monitors that remain unaccounted for.
N287 million paid to contractors without justification or documentation.
The Auditor-General noted that these findings raise red flags about the potential diversion of public funds.
In addition, the Ministry allegedly failed to account for N39.5 million described as “personal donations to different personalities” and reimbursed directly to the minister, as well as other large sums.
SERAP further cites sections of the Nigerian Constitution that obligate the government to abolish corruption and safeguard the welfare of citizens. The organization also references international anti-corruption treaties such as the United Nations Convention against Corruption, which Nigeria has ratified, to emphasize the need for effective and proportionate responses to grand corruption.
SERAP maintains that addressing these irregularities is essential to reduce Nigeria’s budget deficit and debt burden.
No date has been set for the hearing of the case.
