Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari over “his failure to probe allegations that N3,836,685,213.13 of public funds meant for the Federal Ministry of Health, teaching hospitals, medical centres, and National Food Drug Administration and Control (NAFDAC) are missing, mismanaged, diverted or stolen, as documented in the recently released 2018 audited report by the Office of the Auditor-General of the Federation.”
The suit is coming in the wake of the controversy over Buhari’s travel to London for a “routine” medical check-up at a time the country’s resident doctors are on strike over unpaid salaries, upward review of hazard allowances, and COVID-19 care incentives, leaving millions of poor Nigerians without access to medical treatment.
In the healthy wide variety FHC/ABJ/CS/433/2021 filed ultimate week on the Federal High Court in Abuja, SERAP is in search of: “an order of mandamus directing and compelling President Buhari to investigate alleged missing N3.8bn health funds, and to right away look into the quantity and patterns of large corruption inside the Federal Ministry of Health, teaching hospitals, clinical centres and NAFDAC.”
In the in shape, SERAP is arguing that: “Corruption in the fitness area exacerbates inequality in already unequal and unfair political, social, and monetary environments, and produces a ‘coins and convey’ health care gadget primarily based on one’s capacity to pay for care or one’s political position.”
According to SERAP: “transparency and duty inside the management of fitness funds is critical for promoting access of human beings dwelling in poverty to physical and intellectual healthcare, best health conditions, equality and non-discrimination, development, as well as accurate governance and the guideline of regulation.”
SERAP is also arguing that, “The failure to research the alleged missing health budget, deliver suspected perpetrators to justice, and to get better any missing public funds has uncovered hundreds of thousands of terrible Nigerians to serious health risks, amounting to violations of constitutional and international human rights and anti-corruption obligations.”
According to SERAP: “The combat towards corruption inside the health sector is crucial for the powerful entertainment of the right to health by way of socially and economically inclined Nigerians, which in flip is vital to all factors of a person’s existence and nicely-being, and to the realisation of all the other essential human rights.”
Joined within the suit as Respondents are Mr Abubakar Malami, Minister of Justice and Attorney General of the Federation; and Dr Osagie Ehanire, Minister of Health.
The match filed on behalf of SERAP with the aid of its legal professionals Kolawole Oluwadare and Opeyemi Owolabi, read in part: “Corruption inside the fitness sector forces socially and economically prone Nigerians to searching for health services and treatment in risky and unregulated environments, leaving them susceptible to avoidable accidents and death.”
Poor Nigerians are not enjoying the right to fitness maximally because the Nigerian authorities is failing to cope with systemic corruption in the fitness quarter, thereby rendering the authorities incapable of providing the primary facilities, infrastructure and resources that facilitate the entire entertainment of the proper to fitness.”
“A corrupt and dysfunctional fitness care device can infrequently fulfil the physical and fitness needs of citizens. Such a device denies human beings access to the highest plausible general of fitness care and simultaneously undermines their ability to pursue private development and prosperity.”
“The Nigerian government has the felony duties to take the vital measures to guard the health of the Nigerian humans and to make sure that they receive scientific interest whilst they are unwell.”
“This way taking spark off measures to analyze the alleged lacking health funds, to ensure that fitness systems can supply great fitness care and services in an identical and non-discriminatory manner.”
“The failure to directly investigate the alleged missing health finances, deliver suspected perpetrators to justice and to get better any lacking public budget has persevered to have critical implications for the capability of the authorities specifically the fitness ministry and companies underneath its control to satisfy the health wishes of socially and economically inclined Nigerians.”
“By the combined analyzing of the Nigerian Constitution of 1999 [as amended], the Public Procurement Act, and the united states’s duties such as beneath the International Covenant on Economic, Social and Cultural Rights, President Buhari and his government have criminal responsibilities to promptly probe allegations of corruption inside the spending of health finances, and to ensure get admission to of terrible Nigerians to fine healthcare.”
SERAP is likewise in search of the subsequent reliefs:
1. AN ORDER granting depart to the Applicant to apply for judicial assessment to permit the Applicant are trying to find an order of mandamus directing and compelling the first Respondent to direct the Minister of Justice and Attorney General of the Federation and suitable anti-corruption groups to investigate allegations that N3,836,685,213.13 of public budget budgeted for the Federal Ministry of Health, coaching hospitals, clinical centres and NAFDAC are lacking, and unaccounted for.
2. AN ORDER granting depart to the Applicant to use for judicial review to enable the Applicant are seeking an order of mandamus directing and compelling the first Respondent to direct the Minister of Justice and Attorney General of the Federation and suitable anti-corruption organizations to promptly check out the extent and patterns of widespread corruption inside the Federal Ministry of Health, Teaching Hospitals, Medical Centres and NAFDAC indicted inside the 2018 Audit Report via the Office of the Auditor-General of the Federation.
3. AN ORDER granting leave to the Applicant to use for judicial assessment to allow the Applicant are looking for an order of mandamus directing and compelling the 1st and second Respondents to take significant and powerful measures to easy up an seemingly entrenched system of corruption in the health quarter
4. AND for such further order[s] the Honourable Court may also deem in shape to make within the circumstances.
No date has been fixed for the listening to of the healthy.