A Nigerian rights advocacy group, the Socio-Economic Rights and Accountability Project, SERAP, has countered the argument by the speaker of the country’s House of Representatives, Mr. Yakubu Dogara, that “budget padding” is not a known crime under any Nigerian law.
Dogara had been in the eye of the storm since the removed chairman of the House Committee on Appropriation, Abdulmumin Jibrin, who accused him and three other principal officers of the House of padding the 2016 to the tune of about N400 billion.
SERAP had written petitions to anti-graft agencies in the country calling for the probe of Dogara and others and also demanded their resignation from office pending the outcome of the probe.
In a statement on Sunday, August 7, 2016, by its executive director, Adetokunbi Mumuni, SERAP reacted to Dogara’s comment where he reportedly said he was unperturbed by the raging budget padding allegation as he believed that budget padding was not recognised by any Nigerian law as illegal.
Dogara was quoted to have said that, “Budget padding is not an offence. What is padding? I studied Law and I have been in the legislature and all this period I have never heard of the word padding being an offence under any law…Why should I be worried? As far as I am concerned, I am not worried over anything.”
SERAP, however, argued that contrary to Dogara’s view, budget padding was tantamount to corruption, which was against Nigerian laws.
The group said budget padding was in the class of offences such as abuse of office, embezzlement, diversion and misappropriation of public funds, conspiracy to act corruptly and illicit enrichment, which, it said were a violation of the UN Convention against Corruption to which Nigeria is a state party.
SERAP also argued that provisions of the Economic and Financial Crimes Commission Act and the Corrupt Practices and Other Related Offences Act criminalise budget padding.
“The allegations against Mr. Dogara and other principal officials of the House of Representatives also suggest a subversion of the budget process, which, in itself, is a crime and also a fundamental breach of constitutional provisions and an affront on internationally recognised human rights,” the group said.
“A prima facie case of corruption is established when elected officials are allegedly influenced to act contrary to their obligations of office by the prospect of financial gain to themselves.
“Budget padding also amounts to corruption as the action is against the public interest. Any appearance of corruption in the budget process can result in a cynical public losing interest in political participation altogether. And democracy can’t work unless Nigerians have faith in those who govern them.” It added.