A Non Governmental Organisation Has Dragged FG To Court

A Non Governmental
Organisation (NGO), Socio-Economic Rights and
Accountability Project (SERAP) has dragged the
Federal Government to court following the withdrawal of corruption charges
against the son of late military ruler, Gen. Sani
Abacha, Muhammed Abacha,
Respondents in the suit are President Goodluck
Jonathan and the Attorney General of the
Federation (AGF), Mohammed Adoke.
In the suit filed by SERAP Executive Director,
Adetokunbo Mumuni and Oyindamola Musa on
behalf of the organisation at the Federal High
Court sitting in Lagos, the NGO argued that
Section 15 (5) of the 1999 Constitution provided
that “the state shall abolish all corrupt practices
and abuse of power.”
It said as such, the respondents are to prevent
the exploitation of Nigeria’s human and natural
resources for any reasons other than for the good
of the community.
It is also of the view that in cases of corruption,
the respondents will ensure diligent and effective
prosecution of suspected perpetrators.
The reliefs being sought include a declaration that
the withdrawal of N446.3billion 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.
It also include an order directing the defendants
to reinstate the corruption charges/suit against
Muhammed Abacha forthwith
SERAP insists that, “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.”