the Socioeconomic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “instruct the Federation Attorney General and Minister of Justice Mr. Abubakar MalamiSAN and appropriate anti-corruption agencies to promptly and thoroughly investigate how more than N11 billion intended to provide a regular supply of electricity has allegedly been wasted by governments since 1999.”
SERAP said: “Anyone suspected of being responsible must be prosecuted as appropriate, if there is sufficient admissible evidence, and any missing public funds must be traced and fully recovered.”
SERAP also urged him to “refer to the International Criminal Court all unimplemented reports of corruption in the electricity sector that gather dust on the shelves, and arrest and hand over those named in the reports to the court for prosecution.”
SERAP’s letter followed the collapse of the national interconnected system, which has plunged the country into total darkness. Generating capacity has been reduced to 2,000 megawatts with the closure of some 14 power plants.
In the letter dated March 19 and signed by SERAP Deputy Director Kolawole Oluwadare, the organization said: “For too long, Nigerians have been denied justice and the opportunity to get to the bottom of why they continue to pay the price of corruption in the electricity sector. sector: staying in the dark, but still forced to pay crazy electricity bills.”
SERAP said: “The staggering amounts of public funds allegedly stolen over the years in the electricity sector have had catastrophic effects on the lives of millions of Nigerians, akin to crimes against humanity against the Nigerian people.”
According to SERAP, “Investigating allegations of missing N11 billion electricity funds, prosecuting alleged perpetrators and recovering missing public funds would end a culture of impunity. It would also address the persistent collapse of the power grid and improve electricity access and affordability in the country.”
The letter said in part: “The situation will not improve unless he follows through on his campaign promises to investigate corruption in the electricity sector, prosecute perpetrators, and recover missing public funds.”
“Corruption in the electricity sector and lack of transparency and accountability in the use of public funds to support DISCOS operations have resulted in regular blackouts, collapse of the electricity grid, and illegal increases in electricity rates.”
“Corruption in the electricity sector has also continued to disproportionately affect the most disadvantaged and vulnerable sections of the population who cannot afford expensive generators for a reliable power supply.”
“Your government has constitutional and international obligations to ensure the regular and uninterrupted supply of electricity, even in times of resource scarcity.”
“SERAP urges the urgent implementation of documented reports of corruption cases in the electricity sector, and guarantee full accountability and restitution.”
“We would appreciate it if the recommended actions are taken within 7 days of receipt and/or publication of this letter. If we have not heard from you by then, SERAP will consider appropriate legal action to compel your government to comply with our request in the public interest.”
“The failure of successive governments and high-ranking government officials to prevent corruption in the electricity sector and bring alleged perpetrators to justice is the root cause of the ongoing crisis in the electricity sector, including the exploitation of consumers of electricity, and the collapse of the electrical grid.”
“SERAP notes that in his inaugural speech on May 29, 2015, he stated that ‘it is a national shame that an economy of 180 million generates only 4,000MW and distributes less. We will not allow this to continue. The collapse of the national grid suggests that this promise remains unfulfilled.”
“The African Commission on Human and Peoples’ Rights has ruled that the failure of states to provide basic services such as electricity is a violation of the right to health.”
“Corrupt officials and corrupt contractors in the electricity sector are well aware that their conduct is criminal and injurious, and the denial of human dignity added to a radical abuse of solemn trust, aggravate their alleged crime.”
“Citizens are frustrated by the persistent allegations of corruption in the sector and the impacts on their human rights. Bringing the perpetrators to justice would address the serious travesty that has occurred for many years in the electricity sector.”
“Impunity for corruption in the electricity sector has forced ordinary Nigerians into the dark for many years, but they have still had to pay skyrocketing electricity bills.”
“Successive governments have failed to increase power generation and provide Nigerians with a regular and uninterrupted supply of electricity, with many electricity contracts shrouded in secrecy and trillions of naira disappearing.”
“Impunity for corruption in the electricity sector will continue as long as high-ranking public officials go largely unpunished for their alleged crimes. It is by pursuing these accusations and presenting the evidence in court that the truth will be revealed and justice better served.”
“The failure of successive governments to tell Nigerians the truth about allegations of corruption in the electricity sector is tantamount to failing to ensure that electricity services are progressively available, on the basis of equality and non-discrimination.”
“Details of the missing N11 trillion electricity funds are contained in a SERAP report titled: From Dark to Dark: How Nigerians are Paying the Price for Corruption in the Electricity Sector.”
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“According to the report, the total estimated financial loss to Nigeria due to corruption in the electricity sector since the return to democracy in 1999 to date exceeds 11 billion naira. This represents public funds, private capital and social investment (or disinvestments) in the electricity sector”.
“It is estimated that the loss may reach over N20 trillion in the next decade given the rate of government investment and funding in the energy sector amid declining fortunes and recurring revenue shortfalls.”
“SERAP also urges you to immediately implement the judgment of Judge Chuka Austine Obiozor in judgment number FHC/L/CS/105/19, which ordered your government to immediately publish the names of the companies and the whereabouts of the contractors paid by SERAP. governments since 1999 to carry out electricity projects throughout the country but they disappeared with the money without executing any project”.
“Implementation of the sentence could potentially reveal the individuals, contractors and companies allegedly responsible for wasting more than 11 billion naira intended to provide a regular supply of electricity under successive governments, lead to the prosecution of the alleged perpetrators and the recovery of missing public funds.
The letter was copied to Mr. Malami.