Government and Central Bank of Nigeria (CBN) to “publicly identify and
name Nigerians who have so far benefited from any cash payments, cash
transfers, food distribution, and other reliefs and palliatives during
the lockdown in Abuja, Lagos, and Ogun states because of COVID-19.”
In the suit number FHC/ABJ/CS/657/2020 filed last week, SERAP is
seeking: “an order for leave to apply for judicial review and an order
of mandamus to compel Ms. Sadia Umar-Farouk, Minister of Humanitarian
Affairs, Disasters Management and Social Development, and Mr. Godwin
Emefiele, CBN governor, to publish spending details of public funds and
private sector donations to provide socio-economic benefits to the
country’s poorest and most vulnerable people.”
SERAP is also seeking “an order to direct and compel Ms. Umar-Farouk and
Mr. Emefiele to publish an up-to-date list of donations and names of
those who have made payments as per their publicly announced donations;
spending details of the N500 billion COVID-19 intervention fund, and the
names of beneficiaries, and whether such beneficiaries include people
living with disabilities (PWDs).”
The suit followed SERAP’s Freedom of Information (FoI) requests dated 4
April 2020, expressing concern that: “millions of the country’s poorest
and most vulnerable people have not benefited from the announced
palliatives, donations, reported cash payments, cash transfers, and
other reliefs.”
SERAP is also seeking: “a declaration that the failure of the Minister
of Humanitarian Affairs, Disasters Management and Social Development,
and the CBN governor to provide SERAP with the requested information on
spending details of public money and private donations and to publish
names of beneficiaries amount to a fundamental violation of the FoI Act
and the African Charter on Human and Peoples’ Rights.”
The suit filed on behalf of SERAP by its counsel, Kolawole Oluwadare and
Joke Fekumo, read in part: “By a combined reading of the FoI Act and the
African Charter on Human and Peoples’ Rights, Ms. Umar-Farouk and Mr.
Emefiele ought to be directed and compelled to make public details of
those that have benefited from COVID-19 funds and donations.”
“Any perception that the reliefs, funds, and donations are not reaching
intended beneficiaries would undermine public trust and the integrity of
the entire processes and modes of distribution of reliefs/benefits to
these Nigerians.”
“Both the Minister of Humanitarian Affairs, Disasters Management and
Social Development, and the CBN governor have a legal duty to ensure
that information on the details of those who have so far benefited from
COVID-19 funds and donations is released to SERAP upon requests, and
that the information is widely published. Yet, both have completely
ignored SERAP’s requests.”
“SERAP and indeed the general public have a legitimate interest in
ascertaining and scrutinizing the veracity of the claims of how the
COVID-19 funds and donations have been spent, and to know that the
intended beneficiaries actually received any benefits.”
“Ms. Umar-Farouk and Mr. Emefiele also ought to be directed and
compelled to make public details of any plan to provide social and
economic reliefs to the over 80 million of the country’s poorest and the
most vulnerable people, beyond the 11 million targeted by the Federal
Government across 35 states.”
“Democracy cannot flourish in the absence of citizens’ access to
information, no matter how much open discussion and debate is allowed.
This suit would ensure transparency and accountability in the spending
of COVID-19 money and donations.”
“SERAP submits that the principle of disclosure of information in the
overriding public interest has been internationally reaffirmed,
including in the Joint Declaration adopted by the UN Special Rapporteur
on Freedom of Opinion and Expression, the OSCE Representative on Freedom
of the Media and the OAS Special Rapporteur on Freedom of Expression.”
“The Joint Declaration states that 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.”
No date has been fixed for the hearing of the suit.