A new legal battle has emerged as the Socio-Economic Rights and Accountability Project (SERAP) drags the Code of Conduct Bureau (CCB) to court over allegations of inaction on reported irregularities in the Electoral Act amendment and tax reform processes.
The Socio-Economic Rights and Accountability Project (SERAP) has instituted legal action against the Code of Conduct Bureau (CCB) over what it described as the failure to investigate allegations of improper alterations to key legislative processes, including the removal of provisions on electronic transmission of election results from the Electoral Act (Amendment) Bill and alleged unlawful changes to aspects of the tax reform bills.
SERAP is seeking an order of mandamus compelling the CCB to investigate claims that certain lawmakers tampered with provisions on electronic transmission of election results during consideration of the Electoral Act (Amendment) Bill.
The organisation is also asking the court to compel the CCB to probe allegations that some members of the National Assembly and officials of the executive arm of government unlawfully altered sections of the tax reform bills, leading to discrepancies between the versions passed by lawmakers and the copies later published in the official gazette.
SERAP further wants the court to order the CCB to refer any substantiated findings of breaches of the Code of Conduct for Public Officers to the Code of Conduct Tribunal for prosecution, in line with constitutional provisions on accountability and public office integrity.
According to SERAP, granting the reliefs sought would address concerns relating to conflict of interest, abuse of office, and non-disclosure of interests, while strengthening adherence to due process in legislative and executive actions.
The group argued that when lawmaking is influenced by abuse of office or conflict of interest, it undermines constitutional and fiduciary responsibilities and amounts to a breach of the Code of Conduct for Public Officers.
SERAP maintained that the Code of Conduct framework is a constitutional requirement designed to ensure probity, transparency, and accountability in public service, insisting that all credible allegations of violations must be promptly and thoroughly investigated.
It added that public officers hold their positions in trust for the people and must not use official authority for personal or sectional advantage.
The suit, filed through SERAP’s legal team led by Kolawole Oluwadare, Kehinde Oyewumi, and Andrew Nwankwo, noted that public officers are bound by constitutional standards of conduct and that any breach should attract appropriate constitutional consequences.
SERAP further argued that allegations surrounding the passage of the Electoral Act amendment and the signing of the tax reform bills point to possible alterations without due legislative approval or debate, raising questions about due process and legality.
It stressed that the Nigerian Constitution prohibits public officers from placing themselves in situations where personal interests conflict with official duties, and that lawmakers and executive officials fall under this obligation.
The organisation also cited constitutional and statutory provisions empowering the CCB to receive, investigate, and where necessary, refer complaints of misconduct to the Code of Conduct Tribunal.
SERAP referenced concerns raised by lawmakers over alleged discrepancies between the bills passed by the National Assembly and the versions later gazetted, describing them as issues that warrant investigation.
The suit is still awaiting the assignment of a hearing date at the Federal High Court in Abuja.
