Socio-Economic Rights and Accountability Project (SERAP) has sued the
Director-General, National Youth Service Corps (NYSC) Brigadier-General
Sule Kazaure and the NYSC over “failure to publish specific documents and
information on Minister of Finance Mrs Kemi Adeosun’s application for NYSC
exemption, and seeking to compel them to explain if Adeosun obtained any
Exemption Certificate from the NYSC.”
In the suit number FHC/L/CS/1369/18 filed yesterday at the Federal High
Court, Ikoyi, Lagos, SERAP is seeking “an order for leave to apply for
judicial review and an order of mandamus directing and/or compelling
General Kazaure and the NYSC to urgently provide specific documents and
information on Mrs Kemi Adeosun’s application to the NYSC for Exemption
and to publish widely including on a dedicated and on the NYSC website,
any such information.”
The suit followed SERAP’s Freedom of Information request dated 2 August
2018 to General Kazaure, giving him 7 days to provide “information on
specific details and documents on the Exemption Certificate applied for
and obtained by Mrs Adeosun; clarify whether the NYSC actually granted her
the Exemption Certificate and if it did, the circumstances and the
provisions of the NYSC Act under which the Exemption Certificate was
granted.”
The suit filed on behalf of SERAP by its counsel, Ms. Bamisope Adeyanju
read in part: “Suspicions of obtaining unauthorised certificate involving
a senior member of the government if not urgently and satisfactorily
addressed would weaken public trust in the government’s oft-expressed
commitment to transparency and accountability.”
“By the combined provisions of section 104(1) of the Evidence Act, 2011
and sections 14(2)(b) 14(3) and 19(2) of the Freedom of Information Act,
the NYSC, being the public institution in charge of issuing exemption
certificates from the compulsory NYSC Programme, and having publicly
declared that Mrs. Adeosun applied for exemption, has a duty to provide
SERAP with details and documents containing the application for exemption
and the exemption certificate itself, if it was granted.”
“Mandamus lies to secure the performance of a public duty in the
performance which SERAP has a sufficient legal interest. SERAP has shown
that it has demanded the performance of the duty by the NYSC in this case,
and that performance has been refused by the Director-General of the NYSC
obliged to discharge it.”
“The right of access to information should be subject to a narrow,
carefully tailored system of exceptions. Exceptions should apply only
where there is a risk of substantial harm to the protected interest and
where that harm is greater than the overriding public interest in having
access to the information.”
“SERAP requested the NYSC to provide the information within 7 days of the
receipt and/or publication of the letter. But since the receipt of the
letter by the NYSC and up till the filing of this suit, the NYSC has
failed, refused and/or neglected to respond to or grant SERAP’s request.”
“This matter is of utmost national importance and public interest, because
it borders on allegations of circumvention of the law, brought against a
high public officer of Nigeria, who has sworn on oath to uphold the laws
of the nation; including the NYSC Act. The grant of this application will
help reveal the truth about the authenticity of the Exemption Certificate
granted to Mrs Adeosun.”
“By the combined provisions of Sections 1; 2; 3(4); 4; 7(1)&(5); 9;
14(2)(b)&3; 19(2); and 20 of the Freedom of Information Act, 2011, the
right of access to information is guaranteed and there is a statutory
obligation on the NYSC being a public institution, to proactively keep,
organize and maintain all information or records about their operations,
personnel, activities and other relevant or related information or records
in a manner that facilitates public access to such information or record.”
“The NYSC has no reason whatsoever not to comply with the demands by
SERAP. There is compelling public interest in the disclosure of the
information sought by SERAP, which concerns whether a high-ranking
Minister had circumvented or disobeyed the law. The public interest in
this case outweighs any private interest that the NYSC may be protecting.
By the provision of Section 20 of the Freedom of Information Act, SERAP is
entitled to apply to this Court for a review of the action of the NYSC.”
“Unless the reliefs sought by SERAP are granted, the NYSC will not provide
SERAP with the documents and information requested and will continue to be
in breach of the Freedom of Information Act.”
“SERAP is entitled as of right to request for or gain access to
information, including information on the Exemption allegedly applied for
by Mrs Adeosun.”
The suit is seeking the following reliefs:
A DECLARATION that the failure of the Respondents to provide the Applicant
with specific documents and information on Mrs Kemi Adeosun’s application
to it for NYSC Exemption is unlawful and amounts to a breach of the
Respondents’ responsibility/obligation under the Freedom of Information
Act 2011.
AN ORDER OF MANDAMUS directing and/or compelling the Respondents to
urgently provide the Applicant with specific documents and information on
Mrs Kemi Adeosun’s application to it for National Youth Service Corps
(NYSC) Exemption and to publish widely including on a dedicated and on the
NYSC website, any such information.
A DECLARATION that the failure of the Respondents to provide the Applicant
with specific documents and information on the following:
i. the procedure under the National Youth Service Corps
(NYSC) Act, Laws of the Federation of Nigeria, 2004 to “apply” for NYSC
Exemption;
ii. ii. whether an authorized official of the NYSC actually
issued an Exemption Certificate to Mrs. Kemi Adeosun;
iii. if NYSC did issue the NYSC Exemption Certificate, the
circumstances and the provisions of the NYSC Act under which the Exemption
Certificate was granted; and to publish widely including on a dedicated
website and on the NYSC website, any such information, is unlawful and
amounts to a breach of the Respondent’s obligation under the Freedom of
Information Act 2011.
AN ORDER OF MANDAMUS directing and/or compelling the Respondents to
urgently provide the Applicant with specific documents and information on
the following:
i. the procedure under the National Youth Service Corps (NYSC) Act, Laws
of the Federation of Nigeria, 2004 to “apply” for NYSC Exemption;
ii. whether an authorized official of the NYSC actually issued an
Exemption Certificate to Mrs. Kemi Adeosun; if NYSC did issue the NYSC
Exemption Certificate, the circumstances and the provisions of the NYSC
Act under which the Exemption Certificate was granted; and to publish
widely including on a dedicated website and on the NYSC website, any such
information.
No date has been fixed for the hearing of the suit.