Socio-Economic Rights and Accountability Project (SERAP) has sought the leave of the Federal High Court in Lagos to apply for an order of Mandamus, compelling the Attorney General of the Federation Abubakar Malami (SAN) to prosecute former first lady Mrs. Patience Jonathanover $15m unexplained wealth frozen in four companies’ accounts.
SERAP, in the suit filed on its behalf by its executive director, Adetokunbo Mumuni is asking the court to declare that the failure of the Malami to institute criminal proceedings against Mrs. Jonathan over the disputed accounts is unconstitutional and unlawful as it
contradicts and in conflict with the duties and obligations of the Respondent under the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the Corrupt Practices and Other Related Offences Act 2000.
The organisation in the suit brought under Order 34, Rules 1 (1) (a); 2, Rule 3 (1) and (2) (a), (b) and (c) of the Federal High Court Rules, 2009 and Inherent Jurisdiction of the Court argued that the Attorney General of the Federation has a duty to prosecute inte tional illicit enrichment, that is, a significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income.
SERAP also maintained that, “By virtue of Section 174 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) the Attorney General of the Federation is constitutionally empowered to institute and undertake criminal proceedings against any person in Nigeria in respect of any offence created by or under any Act of the National assembly in superior courts in Nigeria.
“The Attorney General of the Federation has failed, neglected and or refused to institute and undertake criminal proceedings against Mrs. Dame Patience Jonathan over $15m unexplained wealth frozen in her accounts.”
“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 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 made to regulate matters”.
“Mrs. Jonathan is a politically exposed person under anti-corruption standards. She is also covered under the definition of ‘public officials’ contained in the UN Convention against Corruption to which Nigeria is a state party. Under article 2 of the convention, public officials include Mrs. Jonathan or any other family members of the former President Goodluck Jonathan who exercised official duties while he was president.”
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