FG’s Decision to Borrow $22.7bn against National Interest, Southern Leaders Tell Court
Say two permanent secretaries appointed against civil service rules
The leaders of socio-cultural groups in Southern Nigeria have told a Federal High Court in Abuja that the administration of President Muhammadu Buhari’s proposal to borrow from sovereign lenders and multilateral financial institutions is reckless and adverse to the interest of Nigeria.
Also, they have asked the court to declare illegal the proclamation of the president to the effect that all Africans are endowed to enter Nigeria by land, sea or air on arrival, describing it as a circumvention of the existing legislation against the safety and security of Nigerians at large.
In a written address filed by their counsel, Elder Solomon Asemota (SAN), Chief Tunji Ayanlaja, Chief Chuks Muoma and 13 others, the leaders told the court how the president consecutively breached provisions of the 1999 Constitution (as amended) which he was sworn in to defend.
Among others, the Southern leaders, who sued the president, comprise the Convener, Pan Niger Delta, Chief Edwin Clark; Leader of Afenifere, Chief Reuben Fasoranti; President, Ohaneze Ndigbo, Dr. John Nwodo; an Afenifere chieftain,
Chief Ayo Adebanjo and a former Anambra State Governor, Dr. Chukwuemeka Ezeife.
The leaders had instituted a N50 billion suit against the President before a Federal High Court in Abuja for alleged violation of the 1999 Constitution (as amended), Public Service Rules 2008, Armed Forces Act 2004, Immigration Act 2015 and the ECOWAS Protocol, among others.
Listed as defendants are the president, the Attorney-General of the Federation (AGF), the Clark of the National Assembly and the Federal Character Commission (FCC).
They accused Buhari of flagrant violation of the provisions of the 1999 Constitution (as amended) in some of his appointments and decisions.
In their written address, the leaders raised issues on the arbitrary handling of matters that touch the fiscal and infrastructure distribution, immigration laws and the prohibition of adoption of any religion as state religion.
Specifically, they asked the court to determine whether it was not reckless and adverse “to the interest of Nigeria for the President to seek and obtain a loan facility from the Islamic Development Bank, African Development Bank, the World Bank, China, Japan and Germany amounting to $22.7 billion for infrastructure development.”
The leaders further pointed out that the president went ahead with the proposal to borrow $22.7 billion despite the warning from finance experts that the debts would rise to almost 36 percent of GDP by 2024 and in the light of the imminent global recession as a result of the COVID-19.
They, also, argued that the $22.7 billion loan purportedly meant for infrastructure development allocated as follows: $5 billion (26%) for nationwide development, North-east 24%; Northwest 13%; North-central 7%; South-south 17%; South-west 13% and South-east less than 1% “blatantly offend the equitable distribution principle contained in section 16 (2)(b-c) of the 1999 Constitution (as amended).”
Besides, they argued that the proclamation of the president that all Africans were entitled to enter Nigeria by land, sea or air on arrival was a circumvention of the existing legislation against the safety, security and welfare of Nigerian citizens, which he swore to protect.
Consistent with section 12 of the 1999 Constitution (as amended), the leaders pointed out that Items 9 and 42 of the Exclusive Legislative List and ECOWAS Protocol, Immigration Law 2015 and Immigration Regulations 2017 provide for immigration procedure into Nigeria.