Socio-Economic Rights and Accountability Project (SERAP) has sued the
Senate President Dr Bukola Sakari and Speaker of the House of
Representatives Mr Dogara Yakubu “over failure to give account of the
spending of N500 billion as running cost between 2006 and 2016, and the
monthly income and allowances of each Senator and member.”
The suits filed last Friday at the Federal High Court Ikoyi followed two
Freedom of Information requests dated 25 November 2016 to both Dr Saraki
and Mr Dogara asking them to “urgently provide information about alleged
spending of N500 billion as running cost between 2006 and 2016, and the
monthly income and allowances of each Senator and member.”
The originating summons with suit numbers FHC/L/CS/1711/16 and
FHC/L/CS/1710/16 respectively were brought pursuant to section 4(a) of the
Freedom of Information Act, and signed by SERAP executive director
Adetokunbo Mumuni.
SERAP’s suits against Dr Saraki and Mr Dogara followed disclosure by
Abdulmumin Jibrin that Nigerian Senators and House of Representatives
members have pocketed N500 billion as ‘running cost’ out of the N1
trillion provided for in the National Assembly budgets between 2006 and
2016, and by former president Olusegun Obasanjo that each Senator goes
home with nothing less than N15m monthly while each member receives
nothing less than N10m monthly.
SERAP is asking the court to determine the question “Whether by virtue of
the provision of section 4(a) of the Freedom of Information Act 2011, the
Defendants are under an obligation to provide the Plaintiff with the
information requested for.”
The suits read in part: “By virtue of Section 1(1) of the FOI Act 2011,
SERAP is entitled as of right to request for or gain access to information
which is in the custody or possession of any public official, agency or
institution. Under the FOI, when a person makes a request for information
from a public official, institution or agency, the public official,
institution or agency to whom the application is under a binding legal
obligation to provide the Plaintiff/Applicant with the information
requested for, except as otherwise provided by the Act, within 7 days
after the application is received.”
“The information requested for by SERAP relates to information about
spending of N500 billion as running cost between 2006 and 2016, and the
monthly income and allowances of each Senator and member. The information
requested by SERAP does not come within the purview of the types of
information exempted from disclosure by the provisions of the FOI Act. The
information requested for, apart from not being exempted from disclosure
under the FOI Act, bothers on an issue of National interest, public
concern, social justice, good governance, transparency and
accountability.”
“The Defendants will not suffer any injury or prejudice if the information
is released to the members of the public. It is in the interest of justice
that the information be released. Unless the reliefs sought herein are
granted, the Defendants will continue to be in breach of the Freedom of
Information Act, and other statutory responsibilities.”
“Up till the time of filing this action the Defendants/Respondents have
failed, neglected and/or refused to make available the information
requested by SERAP. The particulars of facts of the failure, negligence
and refusal are contained in the verifying affidavit in support of the
application and shall be relied upon at the hearing of this application.
The Defendants/Respondents have no reason whatsoever to deny SERAP access
to the information sought for.”
“It is submitted that Section 4(a) of the FOI Act 2011 is a mandatory and
absolute provision which imposes a binding legal duty or obligation on a
public official, agency or institution to comply with a request for access
to public information or records except where the FOI Act expressly
permits an exemption or derogation from the duty to disclose. Nigerian
courts have consistently held that the use of mandatory words such as
“must” and “shall” in a statute is naturally prima facie imperative and
admits of no discretion.”
“Obedience to the rule of law by all citizens but more particularly those
who publicly took oath of office to protect and preserve the constitution
is a desideratum to good governance and respect for the rule of law. In a
democratic society, this is meant to be a norm; it is an apostasy for
government to ignore the provisions of the law and the necessary rules
made to regulate matters”.
The suits are respectively seeking the following reliefs:
A DECLARATION that the failure and/or refusal of the Respondents to
disclose the spending of N500 billion as running cost between 2006 and
2016, and the monthly income and allowances of each Senator and member
amounts to a breach of the fundamental principles of transparency and
accountability and violates Articles 9, 21 and 22 of the African Charter
on Human and Peoples’ Rights (Ratification and Enforcement) Act.
A DECLARATION that by virtue of the provisions of Section 1 (1) and
Section 4 (a) of the Freedom of Information Act 2011, the
Defendants/Respondents are under a binding legal obligation to provide the
Plaintiff/Applicant with up to date information on the spending allowances
of each Senator and member including: Details of projects on which the
N500 billion running cost between 2006 and 2016 were spent.
AN ORDER OF MANDAMUS directing and or compelling the
Defendants/Respondents to provide the Plaintiff/Applicant with up to date
information on the spending of N500 billion as running cost between 2006
and 2016, and the monthly income and allowances of each Senator and member
including: Details of projects on which the N500 billion running cost
between 2006 and 2016 were spent.
No date has been fixed for the hearing of the suits.