President Muhammadu Buhari is the defendant in the suit alongside the Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami.
No date has been fixed for the hearing of the case filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Ms. Joke Fekumo.
The suit followed Buhari’s 2022 New Year message, in which he raised concerns about persistent insecurity in parts of the country, and his promise in his 2015 inaugural speech to check gross corruption and ensure accountability at all levels of government in the country.
In suit number FHC/L/CS/189/2022 filed last week, SERAP is seeking an order of mandamus compelling Buhari to direct Malami to probe allegations of systemic mismanagement of security votes by state governors since 1999.
The organisation is also seeking an order of mandamus to compel Buhari to direct Malami to prosecute anyone suspected to be responsible, as appropriate; if there is sufficient admissible evidence, and to recover any mismanaged public funds.
SERAP is arguing that compelling the Federal Government to probe the spending of security votes since 1999 will ensure accountability and improve the ability of the government to deliver on the promises to ensure the security of Nigerians.
The body also argues that it is in the interest of justice to grant the application.
“The responsibility to guarantee and ensure the security and welfare of the Nigerian people is interlinked with the responsibility under Section 15(5) of the Nigerian Constitution 1999 (as amended) to ‘abolish all corrupt practices and abuse of office.’ This imposes a fundamental obligation to ensure accountability for the spending of security votes by state governors,” SERAP stated.
SERAP argues that the pervasive tendency by public officers, since 1999, to regard or treat security votes given to them as their personal entitlement or fund is antithetical to the Nigerian Constitution and international standards.
According to SERAP, security votes should be used to improve the security situation in the states or returned to the public treasury.
