HEDA Resource Centre

CategoriesHEDA News

Court Orders CBN To Grant HEDA’s Request For Details of MTN improper repatriation of funds.

In a landmark judgment delivered by Honorable Justice J.K Omotosho of the Federal High Court sitting in Abuja, the Central Bank of Nigeria (CBN) has been ordered to grant the Freedom of Information request by the Human and Environmental Development Agenda (HEDA Resource Centre) by providing details concerning the resolution between CBN and MTN Nigeria Limited on charges related to improper repatriation of funds. The Incorporated Trustees of HEDA Resource Centre had sued the respondent – Central Bank of Nigeria – in a suit marked FHC/ABJ/CS/1110/2021 over the Apex Bank’s failure to provide the information requested from it on the details of the improper repatriation of funds complaints against the telecommunication company back in 2021. HEDA in a Motion on Notice dated and filed 22nd February 2021 seeking an order of mandamus compelling the CBN to supply the information requested as contained in the applicant’s request dated the 20th of August, 2021. The applicant sought an Order of Mandamus, compelling the Central Bank of Nigeria to provide the detailed information requested under the Freedom of Information Act. The respondent, in turn, filed a motion to strike out and/or dismiss the suit on grounds of jurisdiction. In its quest for transparency and accountability, the Incorporated Trustees of HEDA sought comprehensive details regarding the resolution between the Central Bank of Nigeria and MTN Nigeria Limited. The information, requested under the Freedom of Information Act, aimed to shed light on the charges against MTN Nigeria Limited for improper repatriation of funds. The relief sought by the applicant through its lawyer, Saidu Muhammed was for the Central Bank of Nigeria to supply the requested information and comply with the application. The respondent, Central Bank of Nigeria, through its counsel, Lukman Fagbemi (SAN) argued that it had promptly responded to the request on August 25, 2021, assuring the applicant that the requested information would be communicated in due course. The delay, according to the respondent, was attributed to the necessity of consultations required to ensure compliance with the application. In a decisive ruling, the Honorable Justice J.K Omotosho ordered the Central Bank of Nigeria to provide the information outlined in the applicant’s request dated August 20, 2021. On January 10,  Justice J.K Omotosho ordered, “That the Respondent supply the information requested, as contained in the Applicant’s Request dated the 20th of August, 2021 attached to the Affidavit in Support of this application as Exhibit HEDA I, to Wit: “The initial fine imposed on MTN Nigeria, The fine eventually paid by MTN Nigeria, The basis for the initial fine imposed on MTN Nigeria and any concession which led to a reduction of the fine; and The procedure through which the concessions were made. The Nigerian Government had accused the Mobile Telecommunication Company of illegally moving $8.1b out of Nigeria in contravention of foreign exchange regulations and demanded the return of the amount back to the coffers of the Central Bank of Nigeria. While the bank proceeded to court to challenge the government’s decision, its lawyers announced an out-of-court settlement between the company and the Federal Government, confirming a Lagos division of the Federal High Court entered the settlement terms as its judgment. Parties to the settlement had refused to disclose the terms of the settlement even in the court. The Nigerian Senate had alleged an attempt by officials in government, in cahoots with officials of the company, surreptitiously working to reduce the fine from $8.1b to a paltry $800m. The failure to disclose the terms of the settlement, despite allegations of conspiracy and compromise by the Senate, prompted HEDA to demand this information under the FOI Act. Sadly, further investigation revealed the terms of settlement were not in the case file, as claimed by parties to the agreement. This ruling reinforces the principles of transparency and accountability embedded in the Freedom of Information Act, marking a significant victory for HEDA Resource Centre in their pursuit of essential information related to the MTN Nigeria Limited case.

CategoriesHEDA News

Alleged N585m Fraud: HEDA Urges Wholistic Investigation of MDAs accounts and accountants by Anti-Corruption agencies

The Human and Environmental Development Agenda (HEDA Resource Centre) expresses surprise at the audacity of sacked Humanitarian Affairs, Disaster Management, and Social Development Minister, Dr. Betta Edu, to have ordered the payment of public funds into the private account of a public servant and the consent of the officer to this conspiracy and breach of financial regulations of the country. It agreed with President Bola Tinubu on the decisive action in suspending all Social Investment Programmes administered by the National Social Investment Programme Agency. Deeming this decision is the right step in the fight against corruption. HEDA, in an official statement endorsed by its Chairman, Olanrewaju Suraju, charged President Tinubu to extend his bold move to review and investigate Federal MDAs and their account persons. This will underscore the importance of his commitment to combating corruption. Additionally, the anti-corruption group sees the decision as a supportive measure for the existing investigations into alleged malfeasance within Ministries, departments, and agencies across the country. The National Social Investment Programme Agency has been under scrutiny since the suspension of its Chief Executive Officer, Halima Shehu. The focus of the investigation is the reported laundering of N37.1 billion within the Ministry of Humanitarian Affairs, Disaster Management, and Social Development, under the former Minister, Sadiya Umar-Farouq. Suraju adds, “President Tinubu’s suspension of Farouq’s successor, Betta Edu, who is  now being questioned by the Economic and Financial Crimes Commission, adds another layer to the ongoing probe.” Edu, the suspended Minister, is alleged to have directed the transfer of N585 million to a private account owned by Oniyelu Bridget, identified as the Project Accountant for Grants for Vulnerable Groups. “As a Civil Society organization, HEDA Resource Centre calls upon the Economic Financial Crime Commission (EFCC) to beam its searchlight on Permanent Secretaries and Project Accountants and investigate their culpability and involvement in the mismanagement and diversion of public funds. The statement further asserts, “Nigerians need to be informed about the allegation that the Edu-led ministry awarded a consultancy contract worth N438 million to New Plant Projects Limited, a company linked to the Interior Minister, for the National Social Registered.”

CategoriesHEDA Publications

Policy Briefs: Guardians of Justice; Power & Justice; Non-State Actions; Corruption Crackdown; and Empowering Our Nation

These policy briefs; Guardians of Justice: Judicial Power in the Fight Against Corruption; Power & Justice: Leading the Onslaught Against Corruption; Non-State Actions: Media-Civil-Society Partnership Against Corruption; Corruption Crackdown: A Call to Action for Anti-Corruption Agencies and Other Law Enforcement Agencies; and Empowering Our Nation: Legislative Actions Against Corruption are the products of extensive research works on the Fight Against Corruption and discussions and recommendations from the 30th Anti-Corruption Situation Room (ACSR) held on July 11-12, 2023, in Abuja. The theme was “Reviewing the Fight Against Corruption: From Buhari’s Regime to Setting the Agenda for the Tinubu Administration.” convened by the HEDA Resource Centre with support from the MacArthur Foundation. Find below all copies of the Policy Brief. Click Here to Download a copy of Guardians of Justice: Judiciary Power in the Fight Against Corruption Click Here to Download a copy of Power & Justice: Leading the Onslaught Against Corruption Click Here to Download a copy of Non-State Actions: Media-Civil Society Partnership Against Corruption Click Here to Download a copy of Corruption Crackdown: A Call to Action for Anti-Corruption Agencies and Other Law Enforcement Agencies Click Here to Download a copy of Empowering Our Nation: Legislative Actions Against Corruption

CategoriesHEDA Publications

SPOTLIGHTING THE OIL AND GAS; A REVIEW OF THE 2020/2021 MARGINAL FIELDS BID LICENSING ROUND IN NIGERIA

The Marginal Oil fields relate to the oil blocks that have either been abandoned or inactive in the last 10 years or more. It is trite that the oil and gas sector is one with the highest level of corruption; to this end, HEDA with the support of ACEP has compiled a Report highlighting the background, findings, and recommendations in this area geared towards prioritizing transparency and accountability therein. Click Here to Download a copy of Spotlighting the Oil & Gas; a Review of the 2020/2021 Marginal Fields Bid Licensing Round in Nigeria