SERAP Sues Tinubu over Subsidy Savings

President Bola Tinubu has been sued by the Socio-Economic Rights and Accountability Project (SERAP) for “failure to publish spending details of about N400 billion so far saved as a result of the removal of subsidy on Premium Motor Spirit (PMS), commonly known as petrol.”

On May 29, 2023 ,Tinubu announced the end of the petrol subsidy during his inaugural speech. As a result, fuel prices increased by roughly 200 percent.

Nigerians experienced some difficulty as a result of the increase in fuel prices, which also had an impact on other businesses and transportation costs.

The lawsuit, with the case number FHC/L/CS/1514/2023, was filed at the Federal High Court of Nigeria in Lagos and requests that President Tinubu make information available to the public regarding the use of money saved after the removal of the petrol subsidy on May 29, 2023.

As stated in the lawsuit brought by Kolawole Oluwadare, Adelanke Aremo, and Valentina Adegoke on behalf of SERAP. “Opacity in the spending of the savings from subsidy removal would have negative impacts on the fundamental interests of the citizens and the public interest.”

In the statement, it was stated that the case had been filed in court in accordance with the Freedom of Information Act, Section 39 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights, and Article 19 of the International Covenant on Civil and Political Rights.

The group continued that, “The Tinubu government has a legal obligation to protect individuals against the threat posed to human rights by the removal of subsidy on petrol and to effectively address the aftermath of subsidy removal”

In the suit,  SERAP requested an order of  mandamus to require President Tinubu to outline the safeguards put in place to prevent the savings from the elimination of subsidies from going to private accounts.

SERAP emphasizes that the government’s obligation to ensure the wellness and the happiness of its residents is under threat by the lack of openness and accountability in the use of savings from the elimination of the subsidy on petrol.

Furthermore, they are requesting a mandamus order to compel President Tinubu to instruct anti-corruption organizations to immediately look into fuel subsidy payments made by governments since 1999, identify and expose suspected offenders, prosecute them, and reclaim any proceeds of crime.

“Nigerians have a right to know how their savings are used”, SERAP claims in the lawsuit.” The likelihood of corruption in the use of the cash would be decreased by disclosing the expenditure specifics of the savings” .”The Tinubu administration is required by law to make sure that the 137 million underprivileged Nigerians who would be hardest hit by the elimination of the petrol subsidy receive all of the savings from the removal,”

“Prevention of corruption in the spending of savings from the removal of subsidy on petrol and preventing and addressing the challenges caused by the removal are serious and legitimate public interests.”

“Unless the government is compelled and directed to publish the spending details of the savings from the removal of subsidy on petrol, the removal will continue to undermine the rights of Nigerians, and increase their vulnerability to poverty.”

“The implementation of the National Social Safety Net Programme (NASSP) and spending on the programme have been mostly shrouded in secrecy.”

“Publishing the details of the spending of the N400bn and other savings from the removal of subsidy would also ensure that persons with public responsibilities are answerable to the people for the performance of their duties.”

“By the combined reading of the provisions of the Nigerian Constitution, the Freedom of Information Act, and the African Charter on Human and Peoples’ Rights, there are transparency obligations imposed on the government to widely publish the details of how the N400bn and other savings from the removal of subsidy on petrol are spent.”

President Bola Ahmed Tinubu has been given seven days by SERAP to abide by their demands or risk legal repercussions.

Section 13 of the Nigerian Constitution imposes clear responsibility on the government to conform to, observe and apply the provisions of Chapter 2 of the constitution. Section 15(5) imposes the responsibility on the government to ‘abolish all corrupt practices and abuse of power’ in the country.”

“Under Section 16(1) of the Constitution, the government has a responsibility to ‘secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.’”

“Section 16(2) further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’”

A date has not been fixed for the hearing of the lawsuit and we are expecting to get a date fixed as soon as possible.