SERAP Sues Buhari over Mismanagement of Refinery Maintenance Funds

The rights group Socio-Economic Rights and Accountability Project SERAP has filed a lawsuit against President  Muhammadu Buhari (retd.) “over his failure to probe allegations that over N1.48 trillion reportedly spent on maintaining the country’s four refineries between 2015 and 2020 may have been stolen, mismanaged or diverted into private pockets.”

In the suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Adelanke Aremo, the group noted that the government had reportedly spent N10.23 billion in June 2020 on three refineries that do not process crude. Also, in 2021, the government approved $1.5 billion (about N600 billion) to repair the Port Harcourt refinery. Amidst this, the refineries are still not functioning while fuel scarcity persists.

In the suit number FHC/L/CS/806/2022 filed last week at the Federal High Court, Lagos, SERAP is seeking “an order of mandamus to direct and compel Buhari to investigate the spending on Nigeria’s refineries, and alleged mismanagement of public funds budgeted for maintaining the refineries since 1999.”

SERAP is also seeking “an order of mandamus to compel Buhari to ensure the prosecution of anyone suspected to be responsible for the importation and distribution of dirty fuel into Nigeria, and to identify and ensure access to justice and effective remedies to affected victims.”

Parts of the statement read, “Directing and compelling President Buhari to probe allegations of corruption and mismanagement of the money meant to repair the country’s refineries would advance the rights of victims of crime to restitution, compensation and guarantee of non-repetition.

“Combating the corruption epidemic in the oil sector would alleviate poverty, improve access of Nigerians to basic public goods and services, and enhance the ability of the government to meet its human rights and anti-corruption obligations.”

“Despite the country’s enormous oil wealth, ordinary Nigerians have derived minimal benefit from their natural wealth and resources, primarily because of widespread grand corruption and the impunity of perpetrators.

“High-ranking public officials, including officers of the Nigerian National Petroleum Company Limited, suspected of complicity in the allegations of corruption and mismanagement in the oil sector, and the importation and distribution of adulterated fuel have continued to enjoy impunity.

“According to reports, the government spends over N264 billion annually to operate and maintain the country’s refineries. Successive governments have reportedly spent trillions of Naira to rehabilitate, operate and maintain the refineries that have produced little or no fuel.

“The government reportedly spent $396 million to maintain the country’s refineries between 2015 and 2020 alone. Despite this huge spending, millions of Nigerians lack access to a full and unhindered supply of fuel.

“About N82.82 billion was reportedly spent in 2015; N78.95 billion in 2016; N604.127 billion in 2017; N426.66 billion in 2019; N218.18 billion in 2019, and N64.534 billion expenditure was recorded from January to June 2020.”

The Attorney General of the Federation and Minister of Justice Abubakar Malami, SAN, have joined in the suit as Respondent.

No date has been fixed for the hearing of the suit.