IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW
SUIT NO: FHC/L/CS/2334/2023
BETWEEN
THE INCORPORATED TRUSTEES OF THE SOCIO-ECONOMIC APPLICANT
RIGHTS AND ACCOUNTABILITY PROJECT [SERAP]
AND
1. THE PRESIDENT FEDERAL REPUBLIC OF NIGERIA RESPONDENTS
2. ATTORNEY GENERAL OF THE FEDERATION
MOTION EX-PARTE
BROUGHT PURSUANT TO ORDER 34 RULES 1 [1] [A] & [B]; 2; 3[1] [2][A][B][C] &
4 OF THE FEDERAL HIGH COURT [CIVIL PROCEDURE] RULES 2019 AND UNDER
THE INHERENT JURISDICTION OF THE HONOURABLE COURT
TAKE NOTICE that this Honorable Court will be moved on the ______ day of
____________ 2023 or so soon thereafter as Counsel may be heard on behalf of the
Applicant seeking for the following orders:
1. AN ORDER granting leave to the Applicant to apply for judicial review to enable
the Applicant seek an order of mandamus directing and compelling the 1 st
Respondent to set up a presidential panel of enquiry to thoroughly, impartially,
independently and transparently investigate the grim allegations that over US$15
billion USD of oil revenue, and N200 billion Naira budgeted to repair and maintain
the refineries in Nigeria are missing and unaccounted for between 2020 and 2021,
as documented by the Nigeria Extractive Industries Transparency Initiative (NEITI)
Oil and Gas Industry Report 2021.
Page 2 of 26
2. AN ORDER granting leave to the Applicant to apply for judicial review to enable
the Applicant seek an order of mandamus directing and compelling the 1 st
Respondent to direct the anti-corruption agencies to promptly, thoroughly,
independently, transparently and effectively probe all corrupt practices involving
Nigerian Petroleum Development Company Limited, Nigerian Upstream Petroleum
Regulatory Commission (NPDC) and State Owned Enterprises (SOE) as
documented by the Nigeria Extractive Industries Transparency Initiative (NEITI) Oil
and Gas Industry Report 2021.
3. AN ORDER granting leave to the Applicant to apply for judicial review to enable
the Applicant seek an order of mandamus directing and compelling the 1 st
Respondent to use any recovered proceeds to enhance the well-being of
Nigerians.
4. AN ORDER granting leave to the Applicant to apply for judicial review to enable
the Applicant seek an order of mandamus directing and compelling the 1 st
Respondent to put in place mechanisms for accountability and transparency in the
oil and gas sector.
5. AND for such further order[s] the Honorable Court may deem fit to make in the
circumstances.
Dated this _______ day of ______________ 2023
___________________
Olúwádàre A. Kóláwolé
Andrew Nwankwo
Valentina Adegoke
Applicant’s Counsel
Eko Akete Chambers
C/o 2b, Oyetola Street,
Off Ajanaku Street, Off Salvation Road
Opebi, Ikeja
Lagos State
Tel: 08160537202
09093215754
Email: info@serap-nigeria.org
Page 3 of 26
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW
SUIT NO: FHC/L/CS/2334/2023
BETWEEN
THE INCORPORATED TRUSTEES OF THE SOCIO-ECONOMIC APPLICANT
RIGHTS AND ACCOUNTABILITY PROJECT [SERAP]
AND
1. THE PRESIDENT FEDERAL REPUBLIC OF NIGERIA RESPONDENTS
2. ATTORNEY GENERAL OF THE FEDERATION
AFFIDAVIT IN SUPPORT OF MOTION EX-PARTE
I, ADEWALE AKINYEMI, Male, Nigerian Christian and Litigation Officer of the Socio-
Economic Rights and Accountability Project [SERAP] of 2b, Oyetola Street, Opebi,
Ikeja, Lagos do hereby make Oath and state as follows:
1. That I am the Litigation Officer of the Socio-Economic Rights and Accountability
Project [SERAP], the Plaintiff in this suit and I have the consent and authority of
the Applicant herein to depose to this affidavit.
2. That by virtue of my relationship with the Applicant, I am conversant with the
facts of this case and with the facts deposed herein.
3. That the Applicant is a registered non-governmental and civil society organization
established in Nigeria with the mandate to promote human rights, transparency,
accountability and anti-corruption in Nigeria. Certified true copies of the certificate
of Incorporation and Constitution of the Applicant are attached and annexed as
Exhibits A1 and A2.
Page 4 of 26
4. That the Applicant’s basic objective is for the promotion of transparency,
accountability and anti-corruption in Nigeria through progressive mobilization and
advocacy for human rights.
5. That the 1 st Respondent is the President of the Federal Republic of Nigeria
entrusted with the statutory responsibilities of fighting corruption, and ensuring
peace and welfare of the citizens, among other constitutional duties and
obligations. The 2 nd Respondent is the Minister of Justice and Attorney General of
the Federation which office is statutorily responsible for the 1 st Respondent’s
legal defence.
6. That the Nigeria Extractive Industries Transparency Initiative (NEITI) is an
agency of the Federal Government of Nigeria Agency created by the NEITI Act
2007. NEITI is supervised by the Office of the President of Nigeria through the
Office of the Secretary to the Government of the Federation with the statutory
mandate, among others, to review and provide an overview of processes in the
oil and gas sector and conduct an independent assessment of financial
transactions (receipts and payments) and make recommendations to further
improve transparency and accountability within the oil and gas sector.
7. That on 18 September, 2023, NEITI published and released its Oil and Gas
Industry Report 2021 wherein NEITI reviewed the processes in the oil and gas
sector between 2020 and 2021 and conducted an independent assessment of
financial transactions (receipts and payments) within the oil and gas sector. A
copy of the Oil and Gas Industry Report 2021 Report published by NEITI
downloaded from the NEITI website through the following weblink:
https://neiti.gov.ng/cms/wp-content/uploads/2023/09/2021-Oil-Gas-Industry-
Report-Presentation.pdf is hereby attached and marked as Exhibit A3.
8. That the 2021 Oil and Gas Industry Report by NEITI showed that the Nigerian
National Petroleum Corporation (NNPC) and the Nigerian Upstream Petroleum
Regulatory Commission (NPDC) failed to remit the sum of USD$13.591 million
and USD$8.251 Billion to the public treasury.
Page 5 of 26
9. That according to the 2021 Oil and Gas Industry Report by NEITI, State Owned
Enterprises (SOE) and its subsidiaries, (the NNPC Group) reportedly spent
US$6.931 billion on behalf of the Federal Government without appropriation by
the National Assembly.
10. That according to the 2021 Oil and Gas Industry Report by NEITI, the NNPC
reportedly obtained a loan of USD$3 billion in 2012 to settle subsidy payments
due to petroleum product marketers without any disclosure of the loan details,
and beneficiaries of the subsidy payments.
11. That the NEITI Report also stated the NNPC was paid N9.73 billion Naira as
pipeline transportation revenue earned from Joint Venture operations which was
neither remitted to the Federation account nor accounted for and also indicts the
NNPC for not remitting USD$7.61 million realized from the sale of crude oil to the
Federation Account.
12. That according to the Report, about N200 billion Naira was spent on refineries
rehabilitation between 2020 and 2021 but none of the refineries was operational
in 2021 despite such humongous spending.
13. That in the pursuit of its mandate, which is geared towards transparency,
accountability and anti-corruption in governance and public service, the Applicant
wrote a letter dated 23 rd September, 2023 to the 1 st Respondent, where the
Applicant demanded that the 1 st Respondent to perform the following statutory
duties of his office:
i. To set up a presidential panel of enquiry to thoroughly, impartially,
independently and transparently investigate the grim allegations
that over US$15 billion of oil revenue, and N200 billion budgeted to
repair/maintain the refineries in Nigeria are missing and
unaccounted for between 2020 and 2021, as documented by the
Nigeria Extractive Industries Transparency Initiative (NEITI).
Page 6 of 26
ii. To direct the anti-corruption agencies to promptly, thoroughly,
independently, transparently and effectively probe all corrupt
practices involving Nigerian Petroleum Development Company
Limited, Nigerian Upstream Petroleum Regulatory Commission
(NPDC) and State-Owned Enterprises (SOE) as documented by
the Nigeria Extractive Industries Transparency Initiative (NEITI).
iii. To name and shame anyone suspected to be responsible for the
alleged widespread and systemic corruption in the use of US$15
billion oil revenue, and N200 billion missing and unaccounted funds
budgeted to repair the refineries in Nigeria between 2020 and 2021
as documented by the Nigeria Extractive Industries Transparency
Initiative (NEITI), and to ensure their effective prosecution as well
as the full recovery of any proceeds of crime.
iv. To use any recovered proceeds to enhance the well-being of
Nigerians and to put in place mechanisms for accountability and
transparency in the oil sector.
14. That the Applicant requested the 1 st Respondent to carry out his duties within 7
days of the receipt and/or publication of the said letter. A copy of the letter dated
23 rd September 2023 sent to the 1 st Respondent by the Applicant is attached and
marked as Exhibit A4.
15. That the Applicant delivered hard copies of the Applicant’s letter on the office of
the 1 st Respondent on 26 th September, 2023. A copy of the Applicant’s Letter
dated 23 rd September 2023 acknowledged by the office of the 1 st Respondent on
26 th September 2023 is attached and marked as Exhibit A5.
16. That since the receipt of the letter by the 1 st Respondent and up till the filing of
this suit, the 1 st Respondent has so far failed, refused and/or neglected to comply
with the Applicant’s request.
Page 7 of 26
17. That the 1 st Respondent in this suit is sued by the Applicant in his official capacity
as the President of Federal Republic of Nigeria.
18. That the 1 st Respondent has an obligation and duty to direct, order the anti-
corruption agencies to probe all allegations of corruption practices in the oil
sector and misappropriation of monies meant to repair the Nigeria’s refinery, and
to use any recovered proceeds of crime to better the well-being of millions of
Nigerians.
19. That the allegations by the 2021 Oil and Gas Industry Report by NEITI are
serious allegations and should not be treated with levity but thoroughly
investigated.
20. That investigating and prosecuting those suspected to be responsible for the
missing and/or misappropriated public funds would serve the public interest and
end the impunity of perpetrators.
21. That this application is seeking leave to enable the Applicant apply to the court to
compel the 1 st Respondent to promptly act as requested and expected under the
law.
22. That this suit is of major public interest as it bothers on issue of national interest,
public welfare, public interest of human rights, social justice, good governance,
transparency and accountability.
23. That the Applicant in pursuit of its objectives have filed many public interest
lawsuits to promote transparency and accountability wherein the Court has ruled
in favour of the Applicant.
24. That in 2019, the Applicant filed Suit Number FHC/ABJ/CS/1447/2019 [SERAP v.
Minister of Finance & Anor] at the Federal High Court Abuja to compel the
Minister of Finance and Minister of Police Affairs to make available to the
Applicant information on the total amount of money paid to contractors, with
specific details of names of companies local contractors involved, from the $460
million loan obtained in 2010 from China by the Federal Government of Nigeria to
Page 8 of 26
fund the failed Abuja CCTV contract wherein the Court ruled in favour of the
Applicant. A certified true copy of the judgment of court delivered by Honourable
Justice Emeka Nwite of the Federal High Court Abuja on 15 May, 2023 in Suit
Number FHC/ABJ/CS/1447/2019 is attached as Exhibit A6.
25. That in 2020, the Applicant filed Suit Number FHC/ABJ/CS/407/2020 [SERAP v.
Minister of Finance & Anor] at the Federal High Court Abuja to compel the
Minister of Finance and the Attorney General of the Federation to disclose details
of exact amount of money stolen by General Sani Abacha from Nigeria, and the
total amount of Abacha loot recovered and all agreements signed on same since
1999 details of the projects executed with the recovered funds, locations of any
such projects and the names of companies and contractors that carried or
carrying out the projects. The Court ruled in favour of the Applicant. A certified
true copy of the judgment of court delivered by Honourable Justice J. K.
Omotosho of the Federal High Court Abuja on 3rd July, 2023 in Suit Number
FHC/ABJ/CS/407/2020 is attached as Exhibit A7.
26. That in 2019, the Applicant filed Suit Number FHC/L/CS/803/2019 [SERAP v.
UBEC & 2 Ors] at the Federal High Court Lagos to compel the Universal Basic
Education Commission and the Government of Delta State to make available to
the Applicant details of disbursement and administration of Universal Basic
Education Commission (UBEC) funds disbursed through the Delta State
Universal Basic Education Board to the Delta State Government and details of
actual spending of the Delta State Government on primary school education
monitored by the Delta State Universal Basic Education Board between 2015
and 2019, including specific projects carried out to improve access to free and
quality primary education in Delta State, the locations of such projects and the
primary schools that have benefited from the projects. The Court ruled in favour
of the Applicant. A certified true copy of the judgment of court delivered by
Honourable Justice Daniel Osiagor of the Federal High Court, Lagos on 17 July,
2023 in Suit Number FHC/L/CS/803/2019 is attached as Exhibit A8.
27. That I believe that the interest of the public in granting access to the information
is far greater than any other interest the 1 st Respondent may be trying to preserve
in this matter.
Page 9 of 26
28. That the interest of the Applicant is to promote the ongoing efforts to combat
mismanagement of public funds, and to offer the government an important
opportunity of being open and transparent with the citizenry.
29. That the heads of the anti–corruption agencies are statutorily appointed by the
President and are constitutionally answerable to the President of Nigeria.
30. That I believe that it is in the interest of justice for the Applicant’s reliefs to be
granted.
31. That I make this declaration in good faith, believing its content to be true to the
best of my knowledge and in accordance with the Oaths Act.
_________________
DEPONENT
Sworn to at the Federal High Court Registry, Lagos.
This ________ day ____________________ 2023
BEFORE ME
……………………………………
COMMISSIONER FOR OATH
Page 10 of 26
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW
SUIT NO: FHC/L/CS/2334/2023
BETWEEN
THE INCORPORATED TRUSTEES OF THE SOCIO-ECONOMIC APPLICANT
RIGHTS AND ACCOUNTABILITY PROJECT [SERAP]
AND
1. THE PRESIDENT FEDERAL REPUBLIC OF NIGERIA RESPONDENTS
2. ATTORNEY GENERAL OF THE FEDERATION
STATEMENT PURSUANT TO ORDER 34 RULE 3(2) (A) OF THE FEDERAL HIGH
COURT (CIVIL PROCEDURE) RULES 2019
1. NAME OF THE APPLICANT
The Applicant is the Socio-Economic Rights and Accountability Project
[SERAP], a human rights non-governmental organization whose mandate
includes promotion of socio-economic rights of Nigerians, transparency and
accountability in the public and private sectors through human rights.
2. RELIEFS SOUGHT BY THE APPLICANT
1. AN ORDER granting leave to the Applicant to apply for judicial review to
enable the Applicant seek an order of mandamus directing and compelling
the 1 st Respondent to set up a presidential panel of enquiry to thoroughly,
impartially, independently and transparently investigate the grim
allegations that over US$15 billion USD of oil revenue, and N200 billion
Naira budgeted to repair and maintain the refineries in Nigeria are missing
and unaccounted for between 2020 and 2021, as documented by the
Nigeria Extractive Industries Transparency Initiative (NEITI) Oil and Gas
Industry Report 2021.
Page 11 of 26
2. AN ORDER granting leave to the Applicant to apply for judicial review to
enable the Applicant seek an order of mandamus directing and compelling
the 1 st Respondent to direct the anti-corruption agencies to promptly,
thoroughly, independently, transparently and effectively probe all corrupt
practices involving Nigerian Petroleum Development Company Limited,
Nigerian Upstream Petroleum Regulatory Commission (NPDC) and State
Owned Enterprises (SOE) as documented by the Nigeria Extractive
Industries Transparency Initiative (NEITI) Oil and Gas Industry Report
2021.
3. AN ORDER granting leave to the Applicant to apply for judicial review to
enable the Applicant seek an order of mandamus directing and compelling
the 1 st Respondent to use any recovered proceeds to enhance the well-
being of Nigerians.
4. AN ORDER granting leave to the Applicant to apply for judicial review to
enable the Applicant seek an order of mandamus directing and compelling
the 1 st Respondent to put in place mechanisms for accountability and
transparency in the oil and gas sector.
5. AND for such further order[s] the Honorable Court may deem fit to make in
the circumstances.
3. GROUNDS FOR SEEKING RELIEFS
1. On 18 September, 2023, NEITI published and released its Oil and Gas
Industry Report 2021 wherein NEITI reviewed the processes in the oil and
gas sector between 2020 and 2021 and conducted an independent
assessment of financial transactions (receipts and payments) within the oil
and gas sector.
Page 12 of 26
2. The 2021 Oil and Gas Industry Report by NEITI showed that the Nigerian
National Petroleum Corporation (NNPC) and the Nigerian Upstream
Petroleum Regulatory Commission (NPDC) failed to remit the sum of
USD$13.591 million and USD$8.251 Billion to the public treasury.
3. The 2021 Oil and Gas Industry Report by NEITI, State Owned Enterprises
(SOE) and its subsidiaries, (the NNPC Group) reportedly spent US$6.931
billion on behalf of the Federal Government without appropriation by the
National Assembly.
4. According to the 2021 Oil and Gas Industry Report by NEITI, the NNPC
reportedly obtained a loan of USD$3 billion in 2012 to settle subsidy
payments due to petroleum product marketers without any disclosure of the
loan details, and beneficiaries of the subsidy payments.
5. The NEITI Report also stated the NNPC was paid N9.73 billion Naira as
pipeline transportation revenue earned from Joint Venture operations which
was neither remitted to the Federation account nor accounted for and also
indicts the NNPC for not remitting USD$7.61 million realized from the sale of
crude oil to the Federation Account.
6. According to the Report, about N200 billion Naira was spent on refineries
rehabilitation between 2020 and 2021 but none of the refineries was
operational in 2021 despite such humongous spending.
7. In the pursuit of its mandate, which is geared towards transparency,
accountability and anti-corruption in governance and public service, the
Applicant wrote a letter dated 23 rd September, 2023 to the 1 st Respondent,
where the Applicant demanded that the 1 st Respondent perform the following
statutory duties of his office:
Page 13 of 26
I. To set up a presidential panel of enquiry to thoroughly, impartially,
independently and transparently investigate the grim allegations
that over US$15 billion of oil revenue, and N200 billion budgeted to
repair/maintain the refineries in Nigeria are missing and
unaccounted for between 2020 and 2021, as documented by the
Nigeria Extractive Industries Transparency Initiative (NEITI).
II. To direct the anti-corruption agencies to promptly, thoroughly,
independently, transparently and effectively probe all corrupt
practices involving Nigerian Petroleum Development Company
Limited, Nigerian Upstream Petroleum Regulatory Commission
(NPDC) and State-Owned Enterprises (SOE) as documented by
the Nigeria Extractive Industries Transparency Initiative (NEITI).
III. To name and shame anyone suspected to be responsible for the
alleged widespread and systemic corruption in the use of US$15
billion oil revenue, and N200 billion missing and unaccounted funds
budgeted to repair the refineries in Nigeria between 2020 and 2021
as documented by the Nigeria Extractive Industries Transparency
Initiative (NEITI), and to ensure their effective prosecution as well
as the full recovery of any proceeds of crime.
IV. To use any recovered proceeds to enhance the well-being of
Nigerians and compelling the Respondent to put in place
mechanisms for accountability and transparency in the oil sector.
8. The Applicant requested the 1 st Respondent to carry out his duties within 7
days of the receipt and/or publication of the said letter. The Applicant
delivered hard copies of the Applicant’s letter on the office of the 1 st
Respondent on 26 th September, 2023. Since the receipt of the letter by the 1 st
Respondent and up till the filing of this suit, the 1 st Respondent has so far
failed, refused and/or neglected to comply with the Applicant’s request.
Page 14 of 26
9. The 1 st Respondent has an obligation and duty to direct, order the anti-
corruption agencies to probe all allegations of corruption practices in the oil
sector and misappropriation of monies meant to repair the nations refinery,
and to use any recovered proceeds of crime to better the well-being of
millions of Nigerians.
10. The allegations by the 2021 Oil and Gas Industry Report by NEITI are serious
allegations and the same should not be treated with levity but thoroughly
investigated.
11. The naming and shaming and prosecuting those suspected to be responsible
for the missing and/or misappropriated public funds would serve the public
interest and end the impunity of perpetrators.
Dated this _______ day of ______________ 2023
___________________
Olúwádàre A. Kóláwolé
Andrew Nwankwo
Valentina Adegoke
Applicant’s Counsel
Eko Akete Chambers
C/o 2b, Oyetola Street,
Off Ajanaku Street
Off Salvation Road
Opebi, Ikeja
Lagos State
Tel: 08160537202
09093215754
Email: info@serap-nigeria.org
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW
Page 15 of 26
SUIT NO: FHC/L/CS/2334/2023
BETWEEN
THE INCORPORATED TRUSTEES OF THE SOCIO-ECONOMIC APPLICANT
RIGHTS AND ACCOUNTABILITY PROJECT [SERAP]
AND
1. THE PRESIDENT FEDERAL REPUBLIC OF NIGERIA RESPONDENTS
2. ATTORNEY GENERAL OF THE FEDERATION
VERIFYING AFFIDAVIT OF THE APPLICANT
PURSUANT TO ORDER 34 RULE 3 [2] [B] OF THE FEDERAL HIGH COURT [CIVIL
PROCEDURE] RULES 2019
I, ADEWALE AKINYEMI, Male, Nigerian Christian and Litigation Officer of the Socio-
Economic Rights and Accountability Project [SERAP] of 2b, Oyetola Street, Opebi,
Ikeja, Lagos do hereby make Oath and state as follows:
1. That I am the Litigation Assistant at the Socio-Economic Rights and
Accountability Project [SERAP], Plaintiff in this suit.
2. That I have the consent and authority of the Applicant herein to depose to this
affidavit.
3. That by virtue of my relationship with the Applicant, I am conversant with the
facts of this case and with the facts deposed herein.
4. That all my depositions herein are facts within my knowledge except as may be
otherwise expressly stated herein.
5. That all the facts contained in the Statement attached to this application are true
to the best of my knowledge.
Page 16 of 26
6. That I hereby verify all the facts contained in the Statement herein as true.
7. That I make this Affidavit in good faith conscientiously believing its contents to be
true and in accordance with the Oaths Act.
__________________
DEPONENT
Sworn to at the Federal High Court Registry, Lagos
This _________ day of ________________ 2023
BEFORE ME
……………………………………..
COMMISSIONER FOR OATHS
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW
SUIT NO: FHC/L/CS/2334/2023
BETWEEN
THE INCORPORATED TRUSTEES OF THE SOCIO-ECONOMIC APPLICANT
RIGHTS AND ACCOUNTABILITY PROJECT [SERAP]
Page 17 of 26
AND
1. THE PRESIDENT FEDERAL REPUBLIC OF NIGERIA RESPONDENTS
2. ATTORNEY GENERAL OF THE FEDERATION
APPLICANT’S WRITTEN ADDRESS
IN SUPPORT OF THE MOTION EX PARTE FOR LEAVE
1. INTRODUCTION
1.1 The Applicant, Socio-Economic Rights and Accountability Project (SERAP), is a
human rights non-governmental organization, whose mandates include
promoting respect for socio-economic rights of Nigerians, transparency and
accountability in the public and private sectors through adequate mobilization and
advocacy for human rights.
1.2 That this Motion ex-parte is seeking leave of the Honourable Court to enable the
Applicant seek judicial review and order of mandamus compelling the 1 st
Respondent to do all that is contained in the statement in support of the ex-parte
application.
1.3 That in the pursuit of its mandate, which is geared towards transparency and
accountability in governance and public service, the Applicant wrote a letter
dated 23 rd September, 2023 to the 1 st Respondent, requesting the 1 st Respondent
to perform specific statutory duties.
1.4 However, since the receipt of the Applicant’s letter and up till the filing of this suit,
the 1st Respondent have so far failed, refused and/or neglected to respond or act
on the Applicant’s requests.
1.5 The Applicant’s Motion ex-parte is praying this Honourable Court for the following
reliefs:
i. AN ORDER granting leave to the Applicant to apply for judicial review to
enable the Applicant seek an order of mandamus directing and
Page 18 of 26
compelling the 1st Respondent to set up a presidential panel of enquiry
to thoroughly, impartially, independently and transparently investigate
the grim allegations that over US$15 billion of oil revenue, and N200
billion budgeted to repair/maintain the refineries in Nigeria are missing
and unaccounted for between 2020 and 2021, as documented by the
Nigeria Extractive Industries Transparency Initiative (NEITI).
ii. AN ORDER granting leave to the Applicant to apply for judicial review to
enable the Applicant seek an order of mandamus directing and
compelling the 1 st Respondent to direct the anti-corruption agencies to
promptly, thoroughly, independently, transparently and effectively probe
all corrupt practices involving Nigerian Petroleum Development
Company Limited, Nigerian Upstream Petroleum Regulatory
Commission (NPDC) and State Owned Enterprises (SOE) as
documented by the Nigeria Extractive Industries Transparency Initiative
(NEITI).
iii. AN ORDER granting leave to the Applicant to apply for judicial review to
enable the Applicant seek an order of mandamus directing and
compelling the 1st Respondent to use any recovered proceeds to
enhance the well-being of Nigerians.
iv. AN ORDER granting leave to the Applicant to apply for judicial review to
enable the Applicant seek an order of mandamus directing and
compelling the 1st Respondent to put in place mechanisms for
accountability and transparency in the oil sector.
v. AND for such further order[s] the Honorable Court may deem fit to make
in the circumstances.
Page 19 of 26
1.6 This is a Written Address in support of the application for judicial review and
mandamus. The background facts are well set out in the Affidavit in support
deposed to by ADEWALE AKINYEMI together with the exhibits attached thereto.
The application is also supported by a Statement setting out the name and
description of the Applicant, the reliefs sought and the grounds on which they are
sought; and a Verifying Affidavit verifying the facts stated in the Statement of the
Applicant.
2.0 ISSUE FOR DETERMINATION
2.1 My Lord, the Applicant has formulated a sole issue for determination by this
Court, to wit:
“Whether this Honourable Court ought to grant the leave to enable the Applicant
seek judicial review and an order of mandamus, having regard to the law and
factual circumstances of this case”
3.0 LEGAL ARGUMENT
3.1 My Lord, the Applicant has brought this application, by way of motion ex-parte
seeking leave to enable the Applicant to seek the reliefs stated on the face of the
motion, which seeks primarily to compel the 1st Respondent to act. The
application is premised on Order 34 Rules 3 of the Federal High Court [Civil
Procedure] Rules 2019. Order 34 Rule [3] [1] of the Federal High Court [Civil
Procedure] Rules 2019 provides:
“An application for judicial review shall not be made unless the leave of the Court
has been obtained in accordance with this order”
3.3 Also in compliance with the provisions of Order 34 Rule 3[2][a][b][c] of the
Federal High Court [Civil Procedure] Rules 2019, the Applicant has attached
all other accompanying documents, to wit: a Statement setting out the name and
description of the applicant, the reliefs sought and the grounds on which they are
sought; and an affidavit verifying the facts contained in the statement.
Page 20 of 26
3.4 In essence, this application is within the provisions of rules of court as well as
established case law that prescribe the practice and procedure for seeking an
order of mandamus. The Supreme Court in Fawehinmi v. Akilu [1987] NWLR
[Part 67] 79 page 46 – 48, paras F – B held as follows:
“The 1 st stage is to apply ex parte for leave to apply for the order. The Rules of
Court and the Law prescribe this. Thus, it is first necessary to obtain leave to
apply for the order of mandamus”.
3.5 In Danmusa v. Inuwa [2007] 17 NWLR [Part 1063] 391 [C.A] Pp. 411-412, paras
H – F, the Court of Appeal in considering the factors to be taken into consideration
where an application for leave to apply for judicial review is made, held that:
“What a trial court needs consider in application for leave… are the statement
setting out the name and description of the applicant, the relief sought; and the
affidavit evidence filed to verify the facts relied on by the applicant…the
application is granted or refused mainly on the process filed with the application
and leave to apply for judicial review is almost always granted by the court
automatically once the court is satisfied with the process filed.”
3.6 The superior courts of law are in agreement on the purpose of seeking the leave
of court before an application for an order of mandamus can be made. We submit
most respectfully that it is not the duty of the court at the stage of seeking for
leave to determine the substantive application for an order of mandamus.
The purpose of leave is to establish the Applicant’s basis for the order of
mandamus sought, nothing more. See Danmusa v. Inuwa [supra] 17 NWLR [part
1063] page 391 at 412 paras G., Wemabod Estate Ltd v. Joyland Ltd [2001] 18
NWLR [Part 744] 22 C.A.
3.7 With regards to an order of mandamus, it was held in the case of Fawehinmi V.
IGP (2002) 7 NWLR (part 767) 606, pg 674 para. D, per Uwaifo, JSC as follows,
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“Mandamus is a high prerogative writ which lies to secure the performance of a
public duty, in the performance of which the Applicant therefore has sufficient
legal interest. It gives a command that a duty or function of a public nature, which
normally, though not necessarily is imposed by statute but is neglected or refused
to be done after due demand be done….”
3.8 My Lord, as contained in the affidavit in support of this application, the Applicant’s
letters to the 1st Respondent dated 23 rd September, 2023 [Exhibit A4 and A5],
were delivered to the 1st Respondent’s office on 26 th September, 2023. The 1st
Respondent despite receipt of the said letter deliberately refused and neglected to
respond to the Applicant’s requests.
3.9 Moreover, the Applicant is within the three months stipulated by Order 34 Rule 4
of the Federal High Court [Civil Procedure] Rules 2019 for the Applicant to
bring this application.
3.10 By failing to act as provided by law, the 1st Respondent has also breached the
Nigeria Government’s various commitments to international treaties and
conventions. For instance, Nigeria has signed on to the Open Government
Partnership [OGP], United Nations Convention on Anti-Corruption [UNCAC],
African Union Convention on Preventing and Combating Corruption in Africa and
the African Charter on Human and Peoples’ Rights and has even domesticated
the African Charter as part of Nigeria’s domestic laws
3.11 My Lord, the Applicant’s mandate includes the promotion of socio-economic
rights of Nigerians, transparency and accountability through mobilization and
advocacy for human rights. The demand made by the Applicant is in furtherance
of the statutory duty of the 1st Respondent to ensure transparency and
accountability in the spending of public funds. This suit is therefore of public
interest and concern as it bothers on issues of national interest, public welfare
and interest, social justice, good governance, transparency and accountability.
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3.12 We respectfully state further that the Applicant is clothed with the requisite locus
standi to bring this application before the court. As contained in the affidavit in
support of this application, the Applicant is a duly incorporated body registered
under the Companies and Allied Matters Act in 2004 with a mandate to address
issues related to rule of law, human rights and justice in Nigeria and have been
active in defending the rule of law, democracy and good governance.
3.13 Similarly, Section 15 [5] of the 1999 Constitution of the Federal Republic of
Nigeria [as amended] also states as follows:
“The state shall abolish all corrupt practices and abuse of power”
My Lord, the office of the 1st Respondent was created by Section 5[1] [a] and
130 [1] of the 1999 Constitution. For clarity and emphasis, Section 130 [1] of the
1999 Constitution provides:
“The President shall be the Head of State and the Chief Executive of the
Federation and Commander-in-Chief of the Armed Forces of the Federation.”
3.15 The 1st Respondent, being the President of the Federal Republic of Nigeria, has
a constitutional duty to act according to his oath of office, in the interest of
Nigerians. In this instance, it is in the interest of Nigerians, in keeping with the
provisions of 15 [5] of the 1999 Nigeria Constitution, to order an investigation into
the allegations made by NEITI, an agency that statutorily reports to the
Presidency [through the office of the Secretary to the Government of the
Federation], to see that justice is done, particularly as this border on use of public
funds.
This is provided for in Section 4(4) of the NEITI Act 2007. This is to ensure that
the objectives of NEITI, as provided in sections 2(c) and (d) of the NEITI Act
2007 are met.
3.16 It is the Applicant’s submission that there is a duty foisted on the 1st Respondent,
as the President and Chief Executive Officer of the Federal Republic of Nigeria,
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to urgently direct the probe of the allegations of corruption and mismanagement
of public funds made by the 2021 NEITI Oil and Gas Report, those suspected to
be responsible brought to justice and these much-needed public funds are
recovered. In the face of Nigeria’s rising debt profile, crippling inflation and
increasing poverty, these public funds could be better re-invested in the
development of critical infrastructure for the benefit of citizens of Nigeria.
3.17 It is then pertinent to emphasise the constitutional duties of the President as
provided by Section 5(1)(b) of the Constitution includes “… the execution and
maintenance of this Constitution, all laws made by the National Assembly…”.
This, among other duties of the President, are stipulated by rules, among which
are the Oath of the President [Seventh Schedule] of the Constitution and Code of
Conduct for Public Officers [Fifth Schedule Part 1] of the Constitution of the
Federal Republic of Nigeria 1999 [as amended].
3.18 Going by the provisions of the 1999 Constitution of the Federal Republic of
Nigeria, the statutory duties of the President are mandatory. It is also embedded
in the President’s Oath of Office contained in Seventh Schedule of the
Constitution of the Federal Republic of Nigeria 1999 [as amended]. The
President swore to an oath to:
“…strive to preserve the Fundamental Objectives and Directive Principles of
State Policy contained in the Constitution of the Federal Republic of Nigeria; …
devote myself to the service and well-being of the people of Nigeria”
3.19 Moreover, section 15 of the 1999 Constitution is contained in the Fundamental
Objectives and Directive Principles of State Policy. This connotes the serious
nature of public duty owed to the country/citizens by the President. Moreover, the
Oath of Office of the President contained in the Seventh Schedule of the
Constitution of the Federal Republic of Nigeria 1999 is integral to the functions of
the office of the President. The Oath of Office of the President is considered of
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such importance that section 140 of the 1999 Constitution provides that the
President cannot perform his or her respective official functions as President
without taking the oath of office. For ease of reference, My Lord, Section 140[1]
of the 1999 Constitution pertaining to the President is stated below:
“A person elected to the office of President shall not begin to perform the
functions of that office until he has declared his assets and liabilities as
prescribed in this Constitution and he has taken and subscribed the Oath of
Allegiance and the oath of office prescribed in the Seventh Schedule to this
Constitution.”
3.20 We submit that there must be strict obedience to laws, since the law is the grund
norm of order in the society. Thus, it was held in Assurance
ForeningenSkuldGjensidig v. MV Sealion (ex "Antibes") & Anor (2005)
LPELR-7457(CA) per Abba Aji, J.C.A (page 15, paras. C-E) as follows:
“An existing law must be respected and treated as such unless it is pronounced
invalid by the court…”
3.21 Thus, the 1st Respondent must act under the Constitution, the NEITI Act and
other laws guiding the exercise of the functions of his office as President. More
so, the Applicant further submits that the request borders on an issue of national
interest, public welfare, public interest, social justice, good governance,
transparency and accountability. The 1st Respondent therefore has no legally
justifiable reason not to exercise his legal duty having been requested by the
Applicant and thus, this Honourable Court ought to grant the Applicant’s leave to
apply for judicial review and to seek an order of mandamus to compel the 1st
Respondent to act accordingly.
3.22 In the case of Governor of Ebonyi State & ors v. Hon. Justice Isuama [2003]
FWLR [Part 169] page 1210 at 1227-1228, the Court of Appeal held that:
“Obedience to the rule of law by all citizens but more particularly those who
publicly took oath of office to protect and preserve the constitution is a
desideratum to good governance and respect for the rule of law. In a democratic
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society, this is meant to be a norm; it is an apostasy for government to ignore the
provisions of the law and the necessary rules to regulate matters”
3.23 The Applicant submits that by virtue of the position and power held by the 1st
Respondent and the functions that the office imposes, it is the duty and
responsibility of the 1st Respondent to ensure that there is transparency and
accountability in the public sector. In the case of Dododo v. E.F.C.C. (supra)
Pp.525, paras A – C, the Court held that:
“By virtue of section 318 of the 1999 Constitution, function includes power and
duty… the right of the citizen to make complaints to the 1 st is conterminous with
the corresponding duty of the 1st respondent to receive the complaints,
investigate them and act on them. They cannot shut him out by mere or sheer
inaction…, he can seek review of the administrative action”.
3.24 From the facts deposed to in the affidavit and statement, it is clear that steps have
been taken by the Applicant, through the only means available to get the 1st
Respondent to perform his duties, but all to no avail. The letter written by the
Applicant to the 1st Respondent discharges the Applicant’s duty to first lay the
significant request for action before the public body or authority.
3.25 It is worthy of note to mention that the NEITI Oil and Gas Industry Report 2021
was published to enhance transparency in the spending of public funds in the oil
and gas sector, as provided for in the objectives of NEITI In Section 2 of the NEITI
Act 2007. Therefore, the failure of the 1st Respondent to set up a Presidential
Panel of Enquiry to investigate the allegations made in the NEITI Report
constitutes a grave violation of the duty placed on the 1st Respondent to take
appropriate measures to promote transparency and accountability in the
management of public finances and also fulfil its national and international
obligations.
3.27 This failure to act against corruption may also be construed as tolerance of acts of
impunity. It is therefore in the interest of justice that the Court grants this
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application to protect rights of Nigerians to justice, equity and good governance,
and reduce the scope of the incidence of impunity and corruption in Nigeria.
4.0 CONCLUSION
4.1 The Applicant relies on the arguments set out in the preceding paragraphs of this
written submission and respectfully urge this Honourable Court to grant the
Applicant’s leave being sought. Further, we have demonstrated, based on
established principles of law, binding judicial precedents and the rules of this
Honourable Court that the Applicant has satisfied the conditions precedent for the
grant of the leave sought.
4.2 We therefore urge Your Lordship to grant our application as prayed.
Dated this _______ day of ______________ 2023
