“the authorities to urgently publish details of the suppliers and
contractors, the procurement rules, including bidding processes, the
total budget, and all designated voucher distribution and collection
sites for the implementation of the school feeding programme at home.”
SERAP is also seeking “information on the number of states to be covered
during the COVID-19 crisis, the projected spending per state, details of
the mechanisms and logistics that have been put in place to carry out
the programme, as well as the role expected to be played by the World
Food Programme.”
The Minister of Humanitarian Affairs, Disasters Management and Social
Development, Ms Sadia Umar-Farouk had on Wednesday announced that the
government would start feeding school children in their homes during the
COVID-19 crisis, starting from Ogun and Lagos states, and Abuja.
In the FoI request dated 9 May, 2020 and sent to Ms Sadia Umar-Farouk,
SERAP is asking the government to: “urgently invite the Independent
Corrupt Practices and Other Related Offences Commission (ICPC) and
Economic and Financial Crimes Commission (EFCC) to monitor the
implementation of the programme.”
The FoI request signed by SERAP deputy director Kolawole Oluwadare, read
in part: “Publishing the details requested is in the public interest.
This would help to address public scepticism regarding the ability of
the government to satisfactorily implement the programme, promote
openness, and allow Nigerians to track its implementation and to hold
suppliers and contractors to account.”
“SERAP notes that the UN Convention against Corruption to which Nigeria
is a state party requires the government to set the highest standards of
transparency, accountability and probity in programmes that it
oversees.”
“The government has a responsibility to ensure that these requirements
and other anti-corruption controls are fully implemented and monitored,
and to ensure that the programme benefits the children and families who
need it the most.”
“Publishing the details of suppliers and contractors and the procurement
rules being implemented for executing the school feeding programme at
home would also remove the risks of conflicts of interest and
politicisation of the programme, as well as promote transparency and
accountability.”
“We urge you to also establish online national database for all
suppliers and contractors responsible for carrying out the programme to
feed school children in their homes, which is expected to cover over
three million households in Lagos and Ogun states, and the Federal
Capital Territory, Abuja.”
“We would be grateful if the requested information is provided to us
within 7 days of the receipt and/or publication of this letter. If we
have not heard from you by then, the Registered Trustees of SERAP shall
take all appropriate legal actions under the Freedom of Information Act
to compel you to comply with our request.”
“According to our information, the Federal Government through your
Ministry is set to partners with states, Federal Capital Territory, and
World Food Programme to implement the school feeding programme at home
during the lockdown. This home feeding programme reportedly followed the
directive in March, 2020 by President Muhammadu Buhari to your Ministry
to identify modalities and continuation of the school feeding programme
during the COVID-19 pandemic.”
“Procurement and contracting are high-risk areas for mismanagement and
corruption. By Section 1 (1) of the Freedom of Information (FoI) Act
2011, SERAP is entitled as of right to request for or gain access to
information, including information on details of suppliers and
contractors that have been hired to implement the school feeding
programme at home.”
“By Section 4 (a) of the FoI 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 FoI Act, there is a binding legal
duty to ensure that documents containing information relating to
including information on details of suppliers and contractors that have
been hired to implement the school feeding programme at home are 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 requested for as indicated above, apart from
not being exempted from disclosure under the FoI Act, bothers on an
issue of national interest, public concern, interest of human rights,
social justice, good governance, transparency and accountability.”