According to SERAP, millions of Nigerians continue to live in darkness despite the spending by successive governments of trillions of naira as investments and bailouts to electricity companies.

SERAP therefore urged the President to “ensure the investigation of the spending of public funds as ‘investments and bailouts’ by successive governments to electricity distribution companies and generating companies since 2005, and prosecution of cases of corruption and mismanagement.”

Following reported approval by the Nigerian Electricity Regulatory Commission, electricity tariffs were increased across DisCos in the country in December 2022. Several prepaid customers have reportedly confirmed the increase. Both the Minister of Power and NERC have refused to confirm or deny the increase.

In the letter dated January 7, 2023 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said, “The increase in electricity tariff would exacerbate the extreme poverty across the country, and undermine the ability of millions of Nigerians to satisfy basic human needs.”

SERAP said, “the increase in electricity tariff failed to follow due process. It is entirely inconsistent and incompatible with the provisions of the Nigerian Constitution of 1999 [as amended], the Electric Power Sector Reform Act and the country’s international human rights obligations.”

The letter, read in part, “the increase is unjustified, especially given the unreliable, inefficient and poor quality of electricity in the country. Rather than providing electricity discounts to poor Nigerians, successive governments continue to give bailouts to electricity companies.”

We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest.”

“Your government should have used the report by the National Bureau of Statistics (NBS), which shows damning revelations that some 133 million Nigerians are poor as a basis to improve access to regular electricity supply, and extend electricity to remote rural households.”

“The latest increase in electricity tariff is coming on the heels of the NBC report which shows that over half of the population of Nigeria are multidimensionally poor and cook with dung, wood or charcoal, rather than cleaner energy. High deprivations are also apparent nationally in sanitation, time to healthcare, food insecurity, and housing.”

“Access to regular electricity supply would improve the quality of life of the population.”

“Electricity i an essential public service but millions of Nigerians continue to pay the price for corruption in the electricity sector–staying in darkness, but still made to pay crazy electricity bills. Electricity supply remains inadequate and irregular.”

“Regular and uninterrupted access to electricity is a fundamental human right. Your government has legal obligations to ensure that the operations of NERC and electricity companies do not impair the effective enjoyment of the right.” Access to affordable electricity services is a prerequisite for improving the condition of people living in poverty. It is a means to generate other important services that mitigate poverty, bearing in mind that access to electricity facilitates the eradication of poverty.”

The hike in tariff would increase financial burdens for socially and economically vulnerable Nigerians and further marginalize and disproportionately affect them, and exacerbate their vulnerability to discrimination.”

“The failure of successive governments and high-ranking government officials to prevent widespread and systematic corruption in the electricity sector and to bring suspected perpetrators to justice is the primary cause of the exploitation of electricity consumers.”

“Investigating the spending of investments and bailouts by successive governments in DISCOS and prosecuting anyone suspected of corruption and mismanagement of public funds, and recovering any proceeds of crime would end a culture of impunity in the power sector, and improve access to and affordability of electricity in Nigeria.”

“Successive governments have failed to increase power generation and provide Nigerians with regular and uninterrupted electricity supply, with many electricity contracts shrouded in secrecy, and trillions of Naira going down the drain.

“Section 14(2)(b) of the Nigerian Constitution of 1999 [as amended] provides that, ‘the security and welfare of the people shall be the primary purpose of government.’”

“Under Section 16(1)(a)(b), your government has the obligations to ‘harness the resources of the nation and promote national prosperity and an efficient, a dynamic and self-reliant economy’, and to ‘secure the maximum welfare, freedom and happiness of every citizen.’”

“Nigeria has also ratified the African Charter on Human and Peoples’ Rights and the International Covenant on Economic, Social and Cultural Rights, which recognize legally enforceable economic and social rights, such as the rights to education, health, safe food and clean water, security, and shelter.”

Your government also has legal obligations to ensure that socially and economically vulnerable Nigerians including the 133 million the NBC documents as poor enjoy non-discriminatory access to basic household services including electricity.”

“Under Chapter 2 of the 1999 Constitution of Nigeria dealing with Fundamental Objectives and Directive Principles of State Policy, high-level public officials have a clear obligation to ‘eradicate all corrupt practices and abuse of power.  Furthermore, the constitution prohibits the exploitation of Nigeria’s human and natural resources for any reasons other than for the good of the community.”

“Articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on your government to ensure proper management of public affairs and public funds, and to promote sound and transparent administration of public affairs.”

“The African Commission on Human and Peoples’ Rights has adjudged the failure of the States to provide basic services such as electricity as violating the right to health.”

NBC had on Friday stated that licenses of the debtor stations had been revoked and they had within 24 hours to shut down operations but that has now been extended till Wednesday.

But SERAP, in a letter dated 20 August 2022 and signed by the deputy director, Kolawole Oluwadare, called for the withdrawal of the revocation order.

The group urged Buhari to “urgently instruct Mr Lai Mohammed, Minister of Information and Culture, and the National Broadcasting Commission to urgently withdraw the threat to revoke the licenses and shut down the operations of 53 broadcast stations in the country over alleged failure to renew their licenses.”

The organisation said, “The threat to shut down 53 broadcast stations is neither necessary nor proportionate. If carried out, it would offend the legal principles of equity and equality of access to mass communication.

Under the Nigerian Constitution 1999 [as amended] and international human rights law, freedom and diversity must be guiding principles in the regulation and licensing of broadcasting. The threat to shut down 53 broadcast stations is entirely inconsistent and incompatible with these principles.

“Revoking the licenses of 53 broadcast stations and shutting down their operations because they have not renewed their licenses would undermine the rights of millions of Nigerians to express their thoughts.”

The letter read in part, “With just months to go before the general elections, scheduled for February 2023, your government ought to do more to create conditions for a free and fair vote. This includes demonstrated commitment to freedom of expression.

“Shutting down 53 broadcast stations on the pretext of non-renewal of their licenses is neither necessary in a democratic society nor proportionate to meet the constitutional and international guarantees of freedom of expression.”

Last week, the Federal Government ordered telecommunications companies to block outgoing calls on all unlinked lines as the deadline for the verification expired on March 31.

Following the directive, over 72 million subscribers were barred from making calls.

In the open letter dated April 9, 2022, and signed by SERAP deputy director Kolawole Oluwadare, the organisation said blocking people from making calls undermined their ability to communicate freely and associate with others.

The letter read in part, “Access to telecommunications services is a condition sine qua non for the effective exercise of human rights. Therefore, the decision to block people from making calls is discriminatory, and a travesty.

“The decision will cause a wide variety of harms to economic activity, personal safety, and disproportionately affect those on the margins of society. This will directly hinder the ability of the government to achieve the 2030 Agenda’s Goal 8 on the promotion of sustained, inclusive, sustainable economic growth.

“Millions of Nigerians including persons with disabilities, elderly citizens, persons living in remote areas have been unable to capture their biometrics, and obtain their National Identity Numbers [NINs] due to logistical challenges, administrative and bureaucratic burdens, as well as the persistent collapse of the national grid. This has resulted in the discrimination of marginalized or vulnerable groups.

We would be grateful if the decision to block people from making calls on their SIMs is reversed within 48 hours of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions in the public interest to ensure full compliance with human rights standards.

“The rights to freedom of expression, access to information, and freedom of association, whether offline or online promote the democratic ideal by allowing citizens to voice their concerns, challenge governmental institutions, and hold government accountable for its actions.The democratic ideal rationale also recognizes the necessity of having a well-informed citizenry to participate in the democratic process.We support any lawful means to address the growing insecurity across the country. However, while the authorities have a legal responsibility to protect, ensure and secure the rights to life and property, any such responsibility ought to be discharged in conformity with human rights standards.”

SERAP made the request in a letter signed by its Deputy Director, Kolawole Oluwadare, on Sunday.

The letter followed the collapse of the national grid, which has plunged the country into total darkness.

The letter, read in part, “The situation will not improve unless you fulfil your campaign promises to probe corruption in the electricity sector, prosecute perpetrators, and recover any missing public funds.Corruption in the electricity sector and the lack of transparency and accountability in the use of public funds to support the operations of DISCOS have resulted in regular blackouts, electricity grid collapse, and unlawful hike in electricity tariffs. Corruption in the electricity sector has also continued to disproportionately affect the most disadvantaged and vulnerable sectors of the population who cannot readily afford expensive generators in order to have a reliable power supply. Your government has constitutional and international obligations to ensure regular and uninterrupted supply of electricity, even in times of resource constraints.

SERAP urges you to urgently implement documented reports of cases of corruption in the electricity sector, and ensure full accountability and restitution.

“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions 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 to bring suspected perpetrators to justice is the primary cause of the persistent crisis in the electricity sector, including the exploitation of electricity consumers, and collapse of the electricity grid”

In the suit number ECW/CCJ/APP/05/22 filed last week before the ECOWAS Court of Justice in Abuja, SERAP is seeking: “An order directing and compelling the Federal Government to issue an immediate moratorium on borrowing by itself, and the 36 states, in conformity with the country’s international human rights obligations.”

SERAP is also seeking “an order directing and compelling the Federal Government to publish details of spending of the loans obtained by governments since 1999 including the list of projects and locations of any such projects on which these loans have been spent.”

In the suit filed by SERAP and on behalf of concerned Nigerians, the organisation contends that “Persistent and unsustainable borrowing by the federal and state governments and the crippling debt burden undermines the rights of Nigerians to economic and social development, and are antithetical to the public interest.”

SERAP is arguing that “The crippling debt burden is a human rights issue within the jurisdiction of the ECOWAS Court because when the entire country is burdened by unsustainable debts, there will be little money left to ensure access of poor and vulnerable Nigerians to legally enforceable socio-economic rights.”

SERAP is also arguing that “There is lack of transparency and accountability in the spending of the loans so far obtained, and opacity around the terms and conditions in loan agreements, including repayment details for these loans. The details of the projects on which the loans are spent are shrouded in secrecy.”

SERAP is also seeking “an order directing and compelling the Federal Government to conduct an assessment of the borrowing by governments since 1999 to address the dire consequences of unsustainable debts on people and communities and to ensure that borrowing at all levels of government considers the human rights impacts.”

In the suit filed by SERAP lawyers Kolawole Oluwadare and Opeyemi Owolabi, the organisation contends that “Long-term unsustainable debt can be a barrier to the government’s ability to mobilize resources for human rights, and may lead to taxes and user fees that impact negatively on vulnerable and marginalized Nigerians.”

The suit, read in part: “If not addressed, the escalating borrowing and looming debt crisis would cripple the ability of both the Federal Government and the 36 states to deliver ensure basic socio-economic rights, such as quality healthcare, education, and clean water of the most vulnerable and marginalized sectors of the population. Without a moratorium on borrowing, the Federal Government and many of the 36 states may be caught in a process-driven mostly by creditors’ needs. This will result in an exorbitant social cost for the marginalized and vulnerable sectors of the population.”

“The ability of the Nigerian government to ensure human rights is inextricably related to the ability to spend needed resources. Growing debt burdens and debt repayment difficulties will have negative impacts on the ability of Defendant to fulfil the basic socio-economic rights of poor and vulnerable Nigerians. Sustainable debt management by the Federal Government and state governments will contribute to mobilizing resources for human rights and essential public services, and promote a culture of responsible borrowing. The Federal Government and many of the 36 states would seem to be in debt distress or at high risk of debt distress. According to reports, the Senate and House of Representatives recently approved the loans of $5,803,364,553.50 and a grant component of $10m under the 2018-2020 External Borrowing (Rolling) Plan of the Federal Government. This followed previous approvals by the National Assembly of $16.2 (16,230,077,718) billion loan; €1 (1,020,000,000) million and a grant component of $125 million loan; $36.8 billion, €910 million loans, and a grant component of $10 million; $8.3 billion and €490 million loans; $6.1 billion, $1.5 billion and 995 million loans; and $4(4,054,476,863), €710 million and grant component of $125 million. Several of the 36 states are also facing a debt crisis and vicious debt cycles. According to the Debt Management Office, the foreign debt stock of the Federal Government, 36 state governments and the Federal Capital Territory presently stands at $37.9bn. The loans from China alone amount to $3.59bn. According to the UN Independent Expert on foreign debt and human rights, Nigeria faces debt service relative to tax revenues that exceed 20 per cent, with escalating social tensions linked to poverty and inequality. According to the World Bank’s IDA FY21 Report, with debt exposure of $11.7 Billion US Dollars, Nigeria ranked fifth among the top 10 countries with the highest debt risk exposure. The top four countries are India with $22 billion, Bangladesh ($18.1 Billion), Pakistan ($16.4 Billion), and Vietnam ($14.1 Billion). While it is critical for the Federal Government and state governments to have adequate resources to fund their budgets, it is equally critical for governments to give consideration to the human rights impact of borrowing. Persistent borrowing is inconsistent with the country’s human rights obligations.”

The request followed the recent approval by the National Assembly of President Buhari’s request for a $5.8bn loan and grant of $10bn. According to SERAP, previous approvals in 2021 alone include $8.3bn; €490m, and $6.1bn. The foreign debt stock of the Federal Government, 36 states, and Federal Capital Territory reportedly stands at $37.9bn.

In an open letter dated December 18, 2021, and signed by SERAP deputy director Kolawole Oluwadare, the organisation said, “A moratorium on borrowing would create a temporary debt standstill, and free up fiscal space for investment in Nigerians’ needs, as well as ensure sustainable economic and social recovery from the COVID-19 pandemic.”

SERAP said, “Without a moratorium on borrowing, your government and many of the 36 states may be caught in a process-driven mostly by creditors’ needs. This will result in an exorbitant social cost for the marginalized and vulnerable sectors of the population.”

According to SERAP, “Long-term unsustainable debt can be a barrier to the government’s ability to mobilize resources for human rights, and may lead to taxes and user fees that impact negatively on vulnerable and marginalised Nigerians.”

The letter, read in part, “SERAP is concerned about the lack of transparency and accountability in the spending of the loans so far obtained, and opacity around the terms and conditions, including repayment details of these loans. While the National Assembly has asked for these details in future loan requests, it ought to have seen and assessed the terms and conditions of these loans before approving them, in line with its oversight responsibility under the Nigerian Constitution of 1999 [as amended]. If not urgently addressed, the escalating borrowing and looming debt crisis would cripple the ability of both the Federal Government and the 36 states to deliver essential public services such as quality healthcare, education, and clean water to the most vulnerable and marginalised sectors of the population. SERAP notes that governments’ ability to protect human rights is inextricably related to the ability to spend needed resources. Growing debt burdens and debt repayment difficulties will have negative impacts on the ability of your government and many of the 36 states to fulfil the basic socio-economic rights of poor and vulnerable Nigerians. Sustainable debt management by the Federal Government and state governments will contribute to mobilizing resources for human rights and essential public services, and promote a culture of responsible borrowing. The Federal Government and many of the 36 states would seem to be in debt distress or at high risk of debt distress. According to reports, the Senate and House of Representatives recently approved the loans of $5,803,364,553.50 and a grant component of $10m under the 2018-2020 External Borrowing (Rolling) Plan of the Federal Government. This followed previous approvals this year by the National Assembly of $16.2 (16,230,077,718) billion loan; €1 (1,020,000,000) million and a grant component of $125 million loan; $36.8 billion, €910 million loans, and a grant component of $10 million; $8.3 billion and €490 million loans; $6.1 billion, $1.5 billion and 995 million loans; and $4(4,054,476,863), €710 million and grant component of $125 million. Several of the 36 states are also facing a debt crisis and vicious debt cycles. According to the Debt Management Office, the foreign debt stock of the Federal Government, 36 state governments and the Federal Capital Territory presently stands at $37.9bn. The loans from China alone amount to $3.59bn. According to the UN Independent Expert on foreign debt and human rights, Nigeria faces debt service relative to tax revenues that exceed 20 per cent, with escalating social tensions linked to poverty and inequality. The growing level of borrowing by your government and the 36 states is clearly a human rights issue because when the entire country is burdened by unsustainable debts, there will be little money left to ensure access of poor and vulnerable Nigerians to basic public services. While it is critical for the Federal Government and state governments to have sufficient resources to fund their budgets, it is equally critical for governments to substantially cut the cost of governance. Persistent borrowing is neither sustainable nor fair to the Nigerian people. SERAP urges you to conduct a human rights assessment of the borrowing by governments since 1999 to address the dire consequences of unsustainable debts on people and communities across the country and to ensure that borrowing at all levels of government considers the human rights impacts. Any such assessment should be conducted in harmony with existing safeguards and mechanisms in order to contribute to informed decision-making and to complement findings from a human rights perspective. A human rights impact analysis should serve to ascertain the debts that can be repaid, and the resources necessary to ensure compliance with the obligation of using the maximum available resources for the protection and fulfilment of human rights. As the Committee on Economic, Social and Cultural Rights has noted, States parties including Nigeria are under an obligation to devote their maximum available resources to the full realization of all economic and social rights, including the rights to health, education and water. SERAP also urges you to adopt effective measures to address transparency and accountability gaps in spending of loans, and the systemic and widespread corruption in ministries, departments and agencies, as documented by the Office of the Auditor-General of the Federation. We would therefore be grateful if the recommended measures are taken within 14 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government and the 36 states to comply with our requests.”

SERAP is also seeking “an order directing and compelling the Federal Government to explain the rationale for paying N5,000 to 24.3 million poor Nigerians for six months, which translates to five per cent of the country’s budget of N13.6 trillion for 2021.”

This comes after SERAP’s Freedom of Information (FoI) request to Ms Sadia Umar-Farouk, Minister of Humanitarian Affairs, Disasters Management and Social Development, which states that “disclosing the details of beneficiaries and selection criteria, as well as the payment plan would promote transparency and accountability, and remove the risks of mismanagement and diversion of public funds.”

In suit number FHC/L/CS/853/2021 filed at the Federal High Court, Lagos, SERAP is also seeking “an order directing and compelling the Federal Government to clarify whether the proposed payment to poor Nigerians is part of the N5.6 trillion budget deficit.”

In the suit filed against Ms Sadia Umar-Farouk, SERAP is arguing that “Providing support and assistance to poor Nigerians is a human rights obligation but the programme to spend five per cent of the 2021 budget, which is mostly based on deficit and borrowing, requires anti-corruption safeguards to ensure the payments go directly to the intended beneficiaries, and that public funds are not mismanaged or diverted.”

According to SERAP, “The Nigerian Constitution of 1999 [as amended], UN Convention against Corruption, and African Union Convention on Preventing and Combating Corruption to which Nigeria is a state party require the government to set the highest standards of transparency, accountability and probity in programmes that it oversees.”

SERAP is also arguing that “the government has a responsibility to ensure that these requirements and other anti-corruption controls are fully implemented and monitored and that the payments are justified in light of the huge budget deficit and borrowing, and whether there are better ways to spend N729bn to support poor Nigerians.”

According to SERAP, “The Federal Government has repeatedly failed to ensure transparency and accountability in the spending of public wealth and resources.”

The suit filed last week on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part, “Transparency and accountability in the programme would improve public trust, and allow Nigerians to track and monitor its implementation, and to assess if the programme is justified, as well as to hold authorities to account in cases of diversion, mismanagement and corruption. Obedience to the rule of law by all citizens but more particularly those who publicly took the 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 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. The right to truth allows Nigerians to gain access to information essential to the fight against corruption. This is in line with the Government’s anti-corruption strategy of citizen involvement in the fight against corruption. As a positive development strategy, access to information will foster the development of democratic institutions in Nigeria. Democracy cannot flourish in the absence of citizen’s access to information. Public officers are mere custodians of public records. The citizenry is entitled to know how the commonwealth is being utilized, managed and administered. This right to know will no doubt help in promoting a transparent democracy, good governance and public accountability.”

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

The Federal Government had on June 5 suspended Twitter operations in the country.

Some groups, including the Socio-Economic Rights and Accountability Project, dragged the government before the ECOWAS court, which restrained it from arresting Nigerians using the site.

The Deputy Director of SERAP, Kolawole Oluwadare, faulted the ban, adding that the group and others had taken the government to the ECOWAS Court, which ruled that no Nigerian should be arrested.

He added that the main case challenging the legality of the government’s action was slated for hearing on Tuesday.

The group and the concerned Nigerians filed a lawsuit against the Buhari-led administration over “the unlawful suspension of Twitter in Nigeria, criminalisation of Nigerians and other people using Twitter and the escalating repression of human rights, particularly the rights to freedom of expression, access to information, and media freedom in the country.”

In the suit filed by Solicitor to SERAP, Femi Falana SAN, the plaintiffs sought for “An order of interim injunction restraining the federal government from implementing its suspension of Twitter in Nigeria, and subjecting anyone, including media houses, broadcast stations using Twitter in Nigeria, to harassment, intimidation, arrest and criminal prosecution pending the hearing and determination of the substantive suit.”

They also argued that “If this application is not urgently granted, the federal government will continue to arbitrarily suspend Twitter and threaten to impose criminal and other sanctions on Nigerians, telecommunication companies, media houses, broadcast stations and other people using Twitter in Nigeria, the perpetual order sought in this suit might be rendered nugatory.”

No date has been fixed for the hearing of the interim application and the substantive suit.

The National Broadcasting Commission (NBC) reportedly suspended Channels TV over an interview the station held with the spokesperson of the proscribed Indigenous People of Biafra (IPOB).

Reacting, the Socio-Economic Rights and Accountability Project (SERAP) threatened to sue NBC if it fails to reverse the “illegal” decision within the next 48 hours.

SERAP’s Deputy Director, Kolawole Oluwadare, said in a statement on Monday, April 26, “This action by the government and NBC is yet another example of Nigerian authorities’ push to silence independent media and voices. The government and NBC lift the suspension and uphold the Nigerian Constitution 1999 (as amended) and international obligations to respect and protect freedom of expression and media freedom. This is a new low in Nigeria’s protection of freedom of expression, and the ability of independent media to function in the country. The suspension of Channels Television is detrimental to media freedom, and access to information, and the Federal Government and NBC must immediately reverse the decision. President Muhammadu Buhari should caution NBC to stop intimidating and harassing independent media houses and to respect the Nigerian Constitution, and the country’s international human rights obligations, including under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights”.