Socio-Economic Rights and Accountability Project (SERAP) has filed a
lawsuit against Dr Osagie Ehanire, Minister of Health and Dr Chikwe
Ihekweazu, Director General, Nigeria Centre for Disease Control (NCDC),
over “their failure to account for the public funds and other resources
so far spent and used to combat the spread of COVID-19 in Nigeria.”
In the suit number FHC/ABJ/CS/616/2020 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 compel the
Minister of Health and the NCDC to publish details of the funds and
resources from federal and state governments, and the private sector, as
well as details of how the funds and resources have so far been spent
and used to combat COVID-19.”
SERAP is also seeking: “an order of mandamus to direct and compel the
Federal Government to disclose information on the exact number of tests
that have been carried out for high-ranking public officials and
politicians, the number of any such high-ranking public officials and
politicians now in self-isolation or quarantine, as well as the exact
number of tests that have been carried out for the country’s poorest and
most vulnerable people.”
SERAP is arguing that: “Transparency in the use of COVID-19 money would
help to reduce the risk of corruption or opportunism, build trust and
engage Nigerians in the fight against coronavirus as well as safe lives.
Transparency and accountability are important to implementing an
effective response to COVID-19 and slowing the spread of the virus in
the country.”
According to SERAP: “Nigerians have the right to know the details of
spending of COVID-19 money, as this is essential to the fight against
corruption, and will foster the development of democratic institutions
and the rule of law in Nigeria.”
The suit followed SERAP’s Freedom of Information (FoI) requests dated 27
March 2020 to the Minister of Health and the NCDC, expressing “concern
that lack of transparency in the use of the funds and resources to
combat COVID-19 would lead to diversion or mismanagement of funds and
resources, unnecessarily cost lives, and result in serious damage to
public health in the country.”
According to SERAP: “Millions of Nigerians continue to lack access to an
improved water source and to proper sanitation, thereby making them
vulnerable to COVID-19 and other illnesses. Yet, the Ministry of Health
and the NCDC have failed and/or refused to disclose whether there is any
collaborative work with the Ministry of Water Resources to provide
vulnerable Nigerians with safe water, sanitation, and hygienic
conditions.”
The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare,
Atinuke Adejuyigbe, and Opeyemi Owolabi, read in part: “The information
SERAP is seeking to access is permitted under the Freedom of Information
Act 2011 and the African Charter on Human and Peoples’ Rights to which
Nigeria is a state party.”
“The Federal Government has a legal duty to ensure that information on
the spending of COVID-19 money and resources is released to SERAP and
widely published. It is not too much to ask for details of measures to
protect health workers and procedures put in place to ensure that
COVID-19 money is not diverted, mismanaged or stolen.”
“The Federal Government has no legally justifiable reason for refusing
to provide SERAP with the information requested, and therefore, this
court ought to grant SERAP the order directing and compelling the
Federal Government to publish details of spending of COVID-19 money.”
“There are reports of lack of transparency in the use of the funds and
resources being mobilised to combat coronavirus, and that authorities
are prioritising home testing of politicians, with some reportedly
taking multiple tests. Politicians engaging in multiple tests for
coronavirus have in turn slowed the number of tests for the country’s
poorest and most vulnerable people.”
“The suit is in the public interest, as it bothers on issues of national
interest, public welfare and interest, social justice, good governance,
transparency and accountability. Obedience to the rule of law
particularly by 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.”
“Nigerians are entitled to know how the commonwealth is being utilized,
managed and administered in a democratic setting, as this positively
influences the feeling of belonging in the society. This right to know
will no doubt help in promoting a transparent democracy, good governance
and public accountability.”
SERAP is seeking the following reliefs:
AN ORDER granting leave to the Applicant to apply for judicial review
and seek an order of mandamus directing and compelling the Respondents
to provide and disclose the following information to the Applicant:
A. Details of exact funds and other resources allocated by the
Nigerian authorities and private sector donations to the Respondents to
improve Nigeria’s health facilities to combat the spread of COVID-19 in
Nigeria;
B. Details of spending and planned spending of any such funds, other
resources and donations to combat the spread of COVID-19 in Nigeria;
C. Details of efforts made by the Second Respondent to make NCDC’s
website functional and accessible and to publish weekly spending on
initiatives by the NCDC, including on NCDC’s website;
D. Details of processes and procedures put in place to ensure that the
funds, other resources and donations allocated to combat COVID-19 are
not diverted, mismanaged or stolen;
E. Details of measures to protect health workers and to encourage the
country’s poorest and most vulnerable people to come forward for testing
and to escalate testing for this group;
F. The exact number of tests that have been carried out for
high-ranking public officials and politicians, the number of any such
high-ranking public officials and politicians now in self-isolation or
quarantine, as well as the exact number of tests that have been carried
out for the country’s poorest and most vulnerable people
AND for such further order(s) this Honourable Court may deem fit to make
in the circumstances.
No date has been fixed for the hearing of the suit.