SERAP faults Buhari’s traveling ban, says it is arbitrary, unconstitutional

The Socio-Economic Rights and Accountability Project (SERAP) has said that the order banning 50 alleged high-profile corrupt Nigerians from travelling abroad without any legal basis and a judicial authorization is clearly arbitrary, repressive and illegal.

SERAP said the move breached constitutional rights and the country’s international obligations, which protect the rights to freedom of movement, to leave one’s country, to privacy, and to due process of law.

SERAP said: “A travel ban by its nature is an interference with the right to leave one’s country. It is neither necessary nor proportionate to prevent dissipation of stolen assets or stop politically exposed persons (PEPs) from tampering with any such assets. The ban should be immediately lifted and the order rescinded.”

Presidential spokesperson Garba Shehu on Saturday announced the placement of 50 high-profile Nigerians on travel ban, citing the measure as part of the implementation of Presidential Executive Order Number 6. The unnamed individuals will be banned from travelling outside the country pending the determination of their corruption cases in order to ensure that all assets within a minimum value of N50 million or equivalent, are not dissipated or tampered with.

But SERAP, in a statement on Sunday signed by its deputy director, Timothy Adewale, said: “Rather than performing its declared objective of preventing dissipation of stolen assets, the travel ban would seriously undermine the government’s expressed commitment to combat grand corruption and violate the country’s international human rights obligations. The travel ban will play right into the hands of high-profile corrupt officials by feeding into the narrative that the fight against corruption is targeted only at political opponents.”

The statement read in part: “The travel ban and mass surveillance will distract the authorities from taking legitimate action to recover stolen assets, effectively punish high-ranking corrupt officials and portray the government as unwilling to embrace the rule of law in its fight against corruption, thereby making it difficult to obtain the necessary support and cooperation of countries keeping stolen assets.”

The travel ban, according to SERAP, will also strain the government’s relationships with partner countries, on whom it will inevitably rely for vital asset recovery cooperation, undermining the effort to bring them closer. Adding that by alienating these partners, the government could lose access to important information and mutual legal assistance necessary to effectively recover stolen assets and bring corrupt officials to justice.

SERAP mentioned that judicial affirmation of the legality of the Executive Order 6 doesn’t grant the government arbitrary powers to impose travel ban on anyone without following due process of law. Rather than imposing a travel ban, the authorities should take advantage of the provisions of the UN Convention against Corruption to seek mutual legal assistance with countries where investigations and litigation are ongoing by requesting them to apply preventive measures regarding assets covered by the travel ban.