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SERAP sues Tinubu over failure to direct NNPCL to reverse ‘unlawful’ petrol price hike

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The Socio-Economic Rights and Accountability Project (SERAP) has filed a fresh lawsuit against President Bola Tinubu over his failure to direct the Nigerian National Petroleum Company Limited (NNPCL), to reverse what it calls the ‘unlawful petrol price hike” as well as his failure to probe allegations of corruption and mismanagement in the NNPCL.

Also joined in the suit as respondents are the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, and the NNPCL.

In the suit number FHC/ABJ/CS/1361/2024 filed on Friday at the Federal High Court, Abuja, the advocacy group said it is asking the court “to compel President Tinubu to direct the NNPCL to reverse the unjust, illegal, unconstitutional and unreasonable increase in the price of petrol from N845 per litre to N600 per litre.”

In the suit filed on behalf of SERAP by its lawyer Ebun-Olu Adegboruwa (SAN), SERAP said it is also asking the court to compel President Tinubu to direct Fagbemi and appropriate anti-corruption agencies to probe the allegations of corruption and mismanagement in the NNPC, including the spending of the reported $300 million ‘bailout funds’ collected from the Federal Government in August 2024, and the $6 billion debt it owes suppliers, despite allegedly failing to remit oil revenues to the treasury.

SERAP is asking the court “to compel President Tinubu to direct Mr Lateef Fagbemi, SAN, and appropriate anticorruption agencies to prosecute anyone suspected to be responsible for the alleged corruption and mismanagement in the NNPCL, if there is sufficient admissible evidence, and to recover any proceeds of corruption.”

Details of the lawsuit reads in part:

“The increase in petrol price constitutes a fundamental breach of constitutional guarantees and the country’s international human rights obligations.

“Corruption in the oil sector and the lack of transparency and accountability in the use of public funds to support the operations of the NNPCL have resulted in persistent and unlawful hike in petrol prices.

“Increasing petrol prices at a time when millions of Nigerians continue to face worsening economic conditions is entirely inconsistent with constitutional and international obligations to ensure the minimum living conditions compatible with human dignity.”

“The arbitrary increase has placed a disproportionate burden on the marginalized and most vulnerable sectors of society, particularly those disadvantaged by poverty.

“The increase is seriously jeopardizing their living conditions, as well as individuals’ physical, emotional, and individual development, and intensifying and worsening socioeconomic conditions in the country.

“The increase constitutes a serious human rights problem because of the intensity with which it undermines the enjoyment and exercise by Nigerians of their human rights and renders their civic participation illusory.

“The fundamental right to life includes not only the right of every Nigerian not to be deprived of his/her life arbitrarily, but also the right that he/she will not be prevented from having access to the conditions that guarantee a dignified existence.”

“The growing poverty and inequality in the country has continued to adversely affect the right of Nigerians to participatory democracy, and impede their ability to participate in their own government.

“Nigerians have for far too long been denied justice and the opportunity to get to the bottom of why they continue to pay the price for corruption in the oil sector. The increase in petrol price has rendered already impoverished citizens incapable of satisfying their minimum needs for survival.

“The increase is not inevitable, as it stems from the persistent failure of successive governments to address the allegations of corruption and mismanagement in the oil sector and the impunity of suspected perpetrators.

“Persistent increase in petrol prices keep people in poverty which in turn perpetuates discriminatory attitudes and practices against them.

“The government has a legal obligation to mobilize the maximum of the country’s available resources to ensure people’s socio-economic rights and to protect the most vulnerable and disadvantaged Nigerians.

“The government also has the legal obligations to probe and prosecute allegations of corruption and mismanagement in the NNPCL and to ensure access to justice and effective remedies for victims of corruption.

“Investigating and prosecuting the allegations of corruption and mismanagement in the oil sector would be entirely consistent with the Nigerian Constitution 1999 (as amended), and the country’s international anti-corruption obligations.

“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’ including in the NNPC.

“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.

“According to our information, the Nigerian National Petroleum Company (NNPC) Limited recently increased the price of premium motor spirit (PMS), also known as petrol, across its retail outlets.

“The price of the product increased to N855 per litre, from about N600, and in some instances above N900 per litre. The apparently unlawful increase in petrol price followed a scarcity caused by the reported refusal by suppliers to import petroleum products for the NNPCL over a $6 billion debt.

“The NNPC allegedly failed to remit USD$2.04 billion and N164 billion of oil revenues into the public treasury, as documented in the recently published 2020 annual report by the Auditor-General of the Federation.”

Metro

Combating misinformation, media deception

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The proliferation of misinformation, disinformation and fake news has become a pressing global concern and Zambia, like many other African countries, is not immune.

Misinformation refers to the unintentional spread of false information, while disinformation is deliberately fabricated to deceive, according to the Oxford Dictionary.

Fake news often encompassed both, usually with malicious intent.

Elizabeth Riziki, National Director of the Media Institute of Southern Africa (MISA)-Tanzania, identified several factors contributing to information disorders globally, including in Zambia.

“These include barriers to accessing information, an information gap between urban and rural communities, government control of the media and youth unemployment,” Riziki said.

The spread of false information has far-reaching consequences, such as eroding trust in institutions, fueling social unrest and undermining democracy.

To mitigate these risks, Zambia needs to take proactive measures to sanitise its media space.

Prisiel Samu, Programmes Coordinator at ZimFact, noted that individuals with internet access are often involved in spreading fake news.

“Governments can play a leading role by regulating social media platforms, which have become breeding grounds for misinformation,” Samu stated.

In Zambia, the rise of social media and online platforms had created an environment conducive to the spread of false information, significantly impacting public discourse, policy-making and national security.

The consequences of misinformation, disinformation, and fake news in Zambia included undermining confidence in institutions, leaders and media outlets.

A study by researcher Gregory Gondwe, titled “Audience Perception of Fake News in Zambia: Examining the Relationship Between Media Literacy and News Believability,” suggested that formal education had a limited impact on detecting fake news.

Instead, the credibility of news sources was found to be an insignificant factor in determining trustworthiness.

Fabricated stories often incited violence, xenophobia, and electoral manipulation, disrupt markets, harm businesses and deter investment.

To combat these issues, Zambia must adopt a multi-faceted approach, including establishing a regulatory body to enforce ethical journalism and online content standards.

The Zambian government has recently announced a crackdown on the misuse of social media under Section 54 of the Cyber Security and Cyber Crimes Act No. 2 of 2021.

This crackdown extended to administrators of WhatsApp groups and other social media platforms, who are reminded of their legal responsibilities and the potential consequences of allowing harmful content.

“WhatsApp group administrators must curtail postings that are illegal and in bad faith, as they will be held responsible for the publication of such information,” cautioned Minister of Technology and Science Felix Mutati.

Various stakeholders have proposed several measures to address misinformation, including supporting independent fact-checking initiatives, promoting transparency in media ownership and funding, protecting individuals who expose misinformation and encouraging media outlets to adhere to ethical standards.

Additionally, educating citizens on critical thinking, media literacy, and fact-checking skills was crucial.

By implementing these measures, Zambia aims to foster a media environment that values truth, accuracy, and informed discourse.

This story is sponsored by Project Aliyense.

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Nigerian govt places 11 states on alert as Cameroon set to release water from Lagdo Dam

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The Nigerian government has placed 11 states on alert following an announcement by neighboring Cameroon of an imminent release of water from the Lagdo Dam.

Director General and Chief Executive Officer of the Nigeria Hydrological Services Agency, Umar Muhammed, who issued the warning in a statement, said authorities of the Lagdo Dam in Cameroon would initiate controlled water releases starting from Tuesday, September 17.

The statement noted that the water discharge is anticipated to progressively escalate to 1000m³/s over the next seven days based on the inflow from the upstream Garoua River.

According to the statement, the states that have been placed on the alert are all states bordering the Benue River system, namely Adamawa, Taraba, Benue, Nasarawa, Kogi, Edo, Delta, Anambra, Bayelsa, Cross Rivers, and Rivers States.

The dam is located in the Northern Province of Cameroon, on the Benue River, in the Niger basin while the lake covers an area of 586.

The release of water from Lagdo Dam has long been a cause for concern for many in Nigeria as it affects many states because it serves as the entry point of River Benue.

The statement reads:

“The Nigeria Hydrological Services Agency wishes to notify the general public that the authorities of the Lagdo Dam in Cameroon have communicated to the agency that they will initiate controlled water releases at a rate of 100m³/s (8,640,000m³/day) starting today, 17 September 2023.

“The water discharge is anticipated to progressively escalate to 1000m³/s over the next seven days based on the inflow from the upstream Garoua River, which serves as the primary source into the reservoir and a significant tributary to the Benue River.

“Nonetheless, the dam operators have indicated that the planned water discharges will be gradual to avoid surpassing the conveyance capacity of the Benue river system and triggering substantial flooding downstream in Nigeria.

“The overflow from the Lagdo Dam is projected to cease once there is a noticeable reduction in the flow into the Lagdo reservoir.”

It added that though there should be no cause for alarm, the affected states should take measures to prevent flooding.

“The agency unequivocally states that there is no need for alarm as major flooding downstream in Nigeria is not anticipated since the flow levels along the Benue River are still within cautionary limits.

“Nevertheless, it is of utmost importance for all states bordering the Benue River system, namely: Adamawa, Taraba, Benue, Nasarawa, Kogi, Edo, Delta, Anambra, Bayelsa, Cross Rivers, and Rivers, along with the government at all levels (federal, state, and LGAs) to heighten their vigilance and implement appropriate preparedness measures to mitigate potential flooding impacts that may arise due to an increase in flow levels of our major rivers during this period.

“The agency will continue to diligently monitor the flow conditions of the transboundary Benue River and the national inland rivers, and consistently provide regular updates on water levels across major rivers to prevent further flood disasters,” it added.

The warning is coming a week after the Alau Dam located in Maiduguri, Borno State in North-West Nigeria collapsed leading to a massive flood with devastating consequences with over 50 killed and an estimated two million others displaced.

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