Arthur Okowa of Delta State to explain the disparity between budgetary
allocations to primary education and the reality that several of the
around 1,124 primary schools across the State are in shambles, and with
very poor teaching facilities.”
According to SERAP’s lawsuit: “tens of thousands of Nigerian children
are being left behind in Delta state and their futures put in jeopardy.
These children are being short-changed and they deserve to know how much
exactly has the state government spent between 2015 and 2019, on their
education.”
Joined as Defendants in the suit are the Universal Basic Education
Commission (UBEC) and Delta State Universal Basic Education Board
(SUBEB).
In the suit number FHC/L/CS/803/2019 filed last Friday before the
Federal High Court in Lagos, SERAP argued: “The refusal by the governor,
UBEC and SUBEB to respond to SERAP’s FOI requests can only be construed
to mean denial of the information sought. We shouldn’t have to ask for
the information on spending on primary schools in the state. The poor
conditions of primary schools across the state would seem to suggest
that the government has abandoned poor children in Delta state.”
SERAP had in separate Freedom of Information requests to the governor,
UBEC and SUBEB last month 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 suit read in part: “We seek an order of the court granting leave to
apply for judicial review and to seek an order of mandamus compelling
governor Okowa, UBEC and SUBEB to provide to SERAP details of
disbursement and spending of UBEC funds disbursed to the Delta State
government.”
“The governor, UBEC and SUBEB have nothing to lose if the information is
released to SERAP and members of the public. It is in the interest of
justice that the information be released. Unless the reliefs sought
herein are granted, the governor, UBEC and SUBEB will continue to be in
breach of the Freedom of Information Act, and other constitutional and
statutory responsibilities.”
“The information is needed to verify and establish the truth about the
spending on education by the government, for the purposes of
transparency and accountability. There must be accountability for the
massive budgetary allocations to primary education in the state,
including the funds provided by UBEC. Providing the requested
information will also allow the citizens to track the level of execution
of education projects in the state.”
“Access to information held by public authorities is a fundamental
element of the right to freedom of expression guaranteed by Section 39
of the Nigerian Constitution of 1999 (as amended) and vital to the
proper functioning of any democratic system.”
“We seek an order of the court for disclosure of details of budgetary
allocations and actual spending by Delta State government between 2015
and 2019, including specific projects carried out to improve access to
free and quality primary education in the state, the locations of such
projects and the primary schools that have benefited from the projects,
and details of what the government is doing to improve access to
education for children with disabilities.”
“We also seek disclosure of details of reports, if any, made to UBEC by
the Delta state government on specific projects carried out to ensure
improvement of access to free and quality primary education in Delta
state between 2015 and 2019, the locations of such projects and the
primary schools that have benefited from the projects.”
“We seek an order of the court for disclosure of details of the steps
the government is taking to improve the overall welfare of children in
primary schools across Delta State as well as details of the
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.”
“We seek an order of the court for disclosure of specific details of the
steps the UBEC is taking to ensure improvement of the overall welfare of
children in primary schools across Delta State as well as details of
specific projects by the UBEC to ensure improvement of access to
education for children with disabilities in Delta State.”
“We seek an order of the court for disclosure of details of disbursement
by the UBEC and SUBEB to the Delta State government and actual spending
by the government on primary school education monitored, including
specific projects carried out to improve access to free and quality
primary education in Delta State, the locations of such projects and the
primary schools that have benefited from the projects.”
SERAP’s FOI requests to the governor, UBEC and SUBEB read in part: “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.”
“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 funds 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.”
No date has been fixed for the hearing of the suit.