SERAP group has reported Yar'adua to UN (United Nation) for action.

the Socio-Economic Rights and Accountability Project, SERAP, has dragged President Yar'Adua before the United Nations, UN, over his refusal to hand over power to Jonathan, in accordance with the law, following his inability to perform the functions of his office owing to ill-health.

Yar'Adua is reportedly receiving treatment at King Faisal Specialist Hospital in Saudi Arabia over acute pericarditis (inflammation of the heart lining).


SERAP, which tabled the issue before the UN, is contending that President Yar'Adua and his cabinet members, by their conducts, are deliberately raping the 1999 Constitution of the Republic of Nigeria contrary to the Federal Government's obligation to its citizens.

The non-governmental organisation cited the controversial signing of the 2009 Appropriation Bill and his inability to sign the 2010 Budget as part of the details of the wrongs being perpetrated by the Yar'Adua government.

SERAP seeks special session on Nigeria

In the petition dated January 3, 2010 and signed by SERAP's Executive Director, Mr. Adetokunbo Mumuni, the organisation is consequently "urging the HRC to simultaneously hold a special session on the non-compliance by the Nigerian government with its obligations in relation to the realisation of economic, social and cultural rights."

It also wanted the UN to consider its petition under the HRC new Complaint Procedure, established pursuant to Resolution 5/1 of the HRC, and General Assembly Resolution 60/251 of March 15, 2006.

The petition meets the requirements of the new Procedure and raises issues of importance justifying the holding of a special session on Nigeria.

According to the organisation, "President Yar'Adua's absence from duty and his inability and failure to empower the Vice-President to act as president pursuant to Section 145 of the 1999 Constitution, is obstructing the effective implementation of the 2009 Supplementary Budget and the 2010 budget.

"It also indicates a failure to invest the 'maximum of available resources' to realise economic and social rights and to meet core obligations regarding the rights to education, health, food, among others.


"At the beginning of 2010, retrogression in the realisation of these rights is apparent."

"President Yar'Adua was flown to Saudi Arabia on November 23, 2009, for medical treatment, and to date the president has not returned to the country.

"President Yar'Adua reportedly signed the 2009 Supplementary Budget from his sick bed in Saudi Arabia. The National Assembly had in November passed the N353.6 billion supplementary budget, which includes a capital spending of about N253bn, out of which about N114bn was earmarked for the critical "post-amnesty intervention" programmes in the Niger Delta," the organisation added.

Relying on Section 145 of the Constitution, the organisation also argued that "the President has so far failed and/or neglected to empower the Vice-President as required by the Constitution, thereby starving critical projects such as education and health important funds and precipitating unnecessary delay in addressing the deplorable conditions of our roads, and worsening the security situation in the Niger Delta.

"This situation is also undermining the effective utilisation of a $300million Word Bank (obtained from the International Development Association, an arm of the World Bank) facility for gas to meet the 6,000 Megawatts target."

The organisation also argued that "Nigeria is a state-party to the International Covenant on Economic, Social and Cultural Rights.

"As such, the government has a legal responsibility to use the mechanism of the budget to allocate and spend maximum available resources to ensure the full enjoyment of the rights to health, education, food, water and housing by millions of Nigerians who continue to live in extreme poverty, with barely enough to eat."

"This situation is worsening the government's non-compliance with the fundamental principles of progressive realisation according to maximum available resources, prioritisation of minimum core obligations and the duty of non-discrimination.

"Millions of Nigerians remain extremely poor and lack access to basic economic and social rights. Nigerians have suffered and continue to suffer years of failed budgeting and implementation, a critical element of states' obligations to fulfil economic and social rights," the organisation stressed.

The organisation added that "the present situation in Nigeria is also contributing to the violation of the fundamental principle of non-discrimination and equality, which is essential to the enjoyment of economic, social and cultural rights.

It is wonderful how such organisations like SERAP, that go to sleep during one regime and wake up during another, are able to remember their own manifesto,let alone remembering the provisions of the constitution. Bravo.

@poster ,you have argued very intelligently,But ,considering what is on ground,dont you think ,we should rather focussed on the truth and realities of event.
The absence of Mr Presidnt is doing a lot of harm to the country and the selfishness of some people to hand over some power to the deputy is complicating it,what is in handing over power to Jonathan ,just for a while ,untill he is well?.