State requesting him to use his “good offices and leadership position to
urgently provide information on details of the budgetary allocations and
actual spending by your government to provide and ensure access of
Nigerian children to free and quality primary school education in your
state between 2015 and 2019.”
SERAP said: “The evidence of education deficit in the state is further
buttressed by the case of Success Adegor, who was sent home because her
parents could not pay the illegal school fee/levy of N900 and the
insufficient and poor-quality education infrastructure of Okotie-Eboh
Primary School 1, Sapele.”
The group also said: “If we have not heard from you within 7 days of the
receipt and/or publication of this letter, the Registered Trustees of
SERAP shall take all appropriate legal actions to compel you to comply
with our request.”
In the FOI request dated 5 April 2019 and signed by SERAP deputy director
Kolawole Oluwadare, the group said: “Full development of human personality
is essential objective of education. A strong Delta State in the future
requires a strong education system today. A poor education system will
severely cripple Delta State’s future growth, development and
sustainability, both socially and economically. Providing the information
as requested would show your commitment to ensuring access to quality
education as a public good.”
According to SERAP: “Despite the huge resources available to your
government and the massive budgetary allocations to primary education in
your State including from the UBEC funds, several of the around 1,124
primary schools across the State are in shambles, and with very poor
teaching facilities, thereby jeopardizing the futures of tens of thousands
of Nigerian children in the State.”
The FOI request read in part: “SERAP notes that since assuming office,
your government has received over N7.8 billion from Universal Basic
Education Commission (UBEC). Your government has also received funds from
federal allocations to Delta State. Your government accessed over N3
billion of UBEC funds between 2015 and 2016, while also reportedly
approved the release of N1.28 billion counterpart fund to enable it access
UBEC funds for 2017. Your government also received N213 billion from
Federation Accounts Allocation Committee (FAAC) in 2018, at an average of
N17.8 billion monthly.
“We urge you to provide details of budgetary allocations and actual
spending by your government between 2015 and 2019, including specific
projects carried out to improve access to free and quality primary
education in your state, the locations of such projects and the primary
schools that have benefited from the projects.”
“We also seek information on specific details of the steps your government
is taking to improve the overall welfare of children in primary schools
across your state, and details of your government’s fee-free programme, if
any, across primary schools in the state and information on indirect
costs, including uniforms, exercise books, and transport costs to students
and their parents.”
“Your government should also provide details of specific projects by your
government to improve access to education for children with disabilities.”
“SERAP believes that investment in education is an obligation of States
under human rights law, and adequate resources must be allocated to the
education sector including primary education on enduring basis and in a
transparent and accountable manner.”
“Promoting transparency and accountability in the spending on primary
schools would demonstrate your commitment to achieve the goal of universal
quality education for all free of costs, as stated in the 2030 Agenda for
Sustainable Development, adopted by the United Nations Summit in July
2015.”
“The goal 4 of the Agenda stipulates that ‘By 2030, ensure that all girls
and boys complete free, equitable and quality primary and secondary
education leading to relevant and effective learning outcomes.’”
“We note that it is the statutory responsibility of State Governments in
Nigeria to provide free, compulsory and universal basic education for
every child of primary and junior secondary school age by virtue of
Section 2(1) of the Universal Basic Education Commission (UBEC) Act 2004.
Further, under Section 18(1)(a) of the 1999 Constitution of Nigeria (as
amended), government at all levels in Nigeria should strive to eradicate
illiteracy and provide free, compulsory and universal primary education to
the citizens.”
“Nigeria is also a state party to the Convention on the Rights of the
Child, the International Covenant on Economic, Social and Cultural Rights
and the African Charter on Human and Peoples’ Rights, which require states
parties to respect, protect, promote and fulfill the right to education
including primary education.”
“These laws and treaties obligate your government to ensure the enjoyment
of the right to primary education, including by promoting transparency and
accountability in the spending on education, and taking steps to improve
and expand quality and free education for all.”
“By virtue of Section 1 (1) of the FOI Act, SERAP is entitled as of right
to request for or gain access to information, including information on
details of budgetary allocations and actual spending on primary schools in
Delta State. By virtue of Section 4 (a) of the Act when a person makes a
request for information from a public official, institution or agency, the
public official, institution or urgency to whom the application is
directed is under a binding legal obligation to provide the applicant with
the information requested for, except as otherwise provided by the Act,
within 7 days after the application is received.”
“By Sections 2(3)(d)(V) & (4) of the Act, there is a binding legal duty to
ensure that documents containing information relating to spending of
allocations and spending is widely disseminated and made readily available
to members of the public through various means.”
“The information being requested does not come within the purview of the
types of information exempted from disclosure by the provisions of the FOI
Act. The information bothers on an issue of access to education,
development, good governance, transparency and accountability. The
disclosure of the information requested will give SERAP and the general
public a true picture on how budgetary allocations and UBEC funds received
by your state have been spent to provide access to free quality primary
education.”