Socio-Economic Rights and Accountability Project (SERAP) has filed a
lawsuit against Mrs Zainab Ahmed, Minister of Finance, Budget and
National Planning over failure to “disclose information and specific
documents on the total amount of money paid to contractors from the $460
million loan obtained in 2010 from China to fund the apparently failed
Abuja Closed-Circuit Television (CCTV) project, and failure to name the
contractors involved and explain why the government has continued to
re-pay the loan.”
In the suit number FHC/ABJ/CS/1447/2019 filed last week at the Federal
High Court, Abuja, SERAP is seeking “an order for leave to apply for
judicial review and an order of mandamus to direct and/or compel the
Minister of Finance to disclose the details of local companies and
Chinese contractors that have received funds from the $460 million loan
for the finance of the failed Abuja CCTV project as well as details of
the status of implementation of the project.”
SERAP is also seeking “an order of mandamus to direct and compel the
Minister of Finance to disclose whether the sum of N1.5 billion Naira
paid in 2010 for the failed project meant to construct the headquarters
of the Code of Conduct Bureau (CCB) was part of another loan obtained
from China, and to clarify further whether the sum of N1.5 billion Naira
mobilsation fee for the construction of the Headquarters of the CCB in
Abuja was part of another loan from China.”
The suit followed SERAP’s Freedom of Information (FoI) request dated 25
October 2019 to Mrs Ahmed, expressing: “concern that Nigerians are being
made to pay for the Chinese loans for failed and abandoned projects, and
for which they have not benefited in any way, shape or form.”
The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare,
Opeyemi Owolabi and Ms Atinuke Adejuyigbe, read in part: “Transparency
in the spending of Chinese loans is good for everyone, as this would
help to increase the effectiveness, legitimacy, and contribution of the
loans to the development of public goods and services, and the general
public interests.”
“The information being requested does not come within the purview of the
types of information exempted from disclosure under the Act. The
Respondent has no legally justifiable reason for refusing to provide
SERAP with the information requested.”
“Democracy cannot flourish if governments operate in secrecy. The
citizens are entitled to know how the commonwealth is being utilized,
managed and administered in a democratic setting.”
“By the combined provisions of Sections 1; 2; 3(4); 4; 7(1)&(5); 9;
14(2)(b); 19(2); 20 of the FoI Act, 2011, among other provisions;
SERAP’s right of access to information is guaranteed and there is a
statutory obligation on the Respondent, being public officer, to
proactively keep, organize and maintain all information or records about
her ministry’s operations, personnel, activities and other relevant or
related information or records in a manner that facilitates public
access to such information or record.”
“By virtue of 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 agency 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.”
“The Respondent is an appointee of the President of Nigeria and head of
the Ministry of Finance. Her official duties include; collecting and
disbursing government revenue, formulating policies on management of the
Federal Government’s finance, preparing annual budget and accounts for
ministries, departments and agencies and managing federal debt.”
“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 to regulate matters”
The FoI request read in part: “As trustee of public funds, SERAP
contends that your Ministry has a legal duty to disclose details of
spending on the $460 million Abuja CCTV project and N1.5 billion for the
construction of CCB headquarters, to the beneficiaries (Nigerians) of
the trust, if and when called upon to do so. Any failure or refusal to
provide the information will also be clearly inconsistent with the
letter and spirit of the FoI Act.”
“Servicing Chinese loans for failed projects is double jeopardy for
Nigerians—they can neither see nor benefit from the projects; yet, they
are made to pay both the loans and the accrued interests.”
“The $460 million loan got for the failed Abuja CCTV project and the
N1.5 billion for the construction of CCB headquarters, which may be part
of another Chinese loan, may have been mismanaged or stolen, and in any
case, remain unaccounted for.”
“As a key agency of government, the Ministry of Finance, Budget and
National Planning has a sacred duty to ensure that the country’s loans
including those obtained from China are transparently and accountably
used solely for the purposes for which the loans are obtained, and for
the effective development of public goods and services as well as the
general public interests.”
The suit is seeking the following reliefs:
AN ORDER granting leave to the Applicant to apply for judicial review
and to seek an order of mandamus directing and compelling the Respondent
to provide and make available to the Applicant information on the total
amount of money paid to contractors, with specific details of names of
companies local contractors involved, from the $460 million loan
obtained in 2010 from China by the Federal Government of Nigeria to fund
the Abuja Closed-Circuit Television (CCTV) contract.
AN ORDER granting leave to the Applicant to apply for judicial review
and to seek an order of Mandamus directing and compelling the Respondent
to provide the details of the local companies and Chinese contractors
that have received funds from the $460 million loan for the finance of
the Abuja CCTV contract as well as details of the status of
implementation of the project.
AN ORDER granting leave to the Applicant to apply for judicial review
and to seek an order of Mandamus directing and compelling the Respondent
to provide details clarifying whether the sum of N1.5 billion Naira paid
in 2010 for the failed contract meant to construct the headquarters of
the CCB was part of another loan obtained from China, and to clarify
further whether the sum of N1.5 billion Naira mobilsation fee reportedly
paid to the contractors for the construction of the Headquarters of the
Code of Conduct Bureau in Abuja was part of another loan from China.
AND FOR SUCH FURTHER ORDER(S) the Honourable Court may deem fit to make
in the circumstances.
No date has been fixed for the hearing of the suit.