There is prospect Nigerians keen on knowing details of how Universal
Basic Education Commission (UBEC) funds are disbursed and spent by the
Delta State Government may soon have some answers, as Socio-Economic
Rights and Accountability Project (SERAP) has won the latest round in
the legal battle to compel Governor Ifeanyi Okowa and UBEC to publish
spending details of the funds collected for primary schools in the state
and the locations of projects carried out between 2015 and 2019.
Justice Rilwan Aikawa of the Federal High Court in Ikoyi, Lagos, last
week ruled that “Going through the Application filed by SERAP, supported
by a 13-paragraph affidavit, with supporting exhibits, statements
setting out the facts, verifying affidavits and written address in
support, I am satisfied that leave ought to be granted in this case, and
I hereby grant the motion for leave as prayed.”
Justice Aikawa granted the order for leave following the hearing of an
argument in court on exparte motion by SERAP counsel, Ms Joke Fekumo.
The suit number FHC/L/CS/803/2019 filed last year followed “the failure
by Governor Okowa, UBEC, and the Delta State Universal Basic Education
Board (SUBEB) to explain how billions of naira of UBEC funds and from
the Federation Accounts Allocation Committee have been spent, and to
disclose the locations of primary school projects.”
The order by Justice Aikawa has now cleared the way for SERAP to advance
its case against Governor Okowa, UBEC, and SUBEB and to challenge the
legality of their refusal to publish the information requested. The suit
is adjourned to 14th January 2021 for motion on notice.
In the suit, SERAP is applying for judicial review and to seek an order
of mandamus directing and compelling Governor Okowa, UBEC, and SUBEB to
“widely publish details of disbursement and spending of UBEC funds in
Delta State; locations of projects carried out, and details of primary
schools that have benefited from any spending of public funds.”
SERAP is also seeking “an order of mandamus directing and compelling
Governor Okowa, UBEC, and SUBEB to disclose details of actual spending
to provide access to quality education for children with disabilities in
Delta State, and the names of the schools that have benefited from any
such spending.”
The suit, read in part: “Delta State government has received over N7.8
billion from UBEC. The government has also received funds from federal
allocations to Delta State. The government accessed over N3 billion of
UBEC funds between 2015 and 2016, while it also reportedly approved the
release of N1.28 billion counterpart funds to enable it to access UBEC
funds for 2017.”
“The government also received N213 billion from the Federation Accounts
Allocation Committee (FAAC) in 2018, at an average of N17.8 billion
monthly. Yet, several of the around 1,124 primary schools across the
State are in shambles, and with very poor teaching facilities.”
“Tens of thousands of Nigerian children are being left behind in Delta
state and their futures put in jeopardy. These children are being
short-changed and they deserve to know how much exactly have the state
government and UBEC spent between 2015 and 2019, on their education.”
“The right to information and truth allows Nigerians to gain access to
information essential to the fight against corruption, institutionalise
good governance and improve citizens’ confidence in public institutions
and officials.”
“The refusal by the governor, UBEC and SUBEB to respond to SERAP’s
Freedom of Information requests can only be construed to mean denial of
the information sought. We shouldn’t have to ask for the information on
spending of public funds in the state. The poor conditions of primary
schools across the state would seem to suggest that the government has
abandoned poor children in Delta state.”
“The governor, UBEC and SUBEB have nothing to lose if the information is
released to SERAP and members of the public. It is in the interest of
justice that the information be released. Unless the reliefs sought
herein are granted, the governor, UBEC and SUBEB will continue to be in
breach of the Freedom of Information Act, and other constitutional and
statutory responsibilities.”
“The information is needed to verify and establish the truth about the
spending of public funds on education by the government, for the
purposes of transparency and accountability. There must be
accountability for the massive budgetary allocations to primary
education in the state, including the funds provided by UBEC.”
“Access to information held by public authorities is a fundamental
element of the right to freedom of expression guaranteed by Section 39
of the Nigerian Constitution of 1999 (as amended) and vital to the
proper functioning of any democratic system. Providing the requested
information will also allow the citizens to track the level of execution
of education projects in the state.”
It would be recalled that SERAP had last year in separate Freedom of
Information requests to the governor, UBEC and SUBEB stated: “The
evidence of education deficit in the state is further buttressed by the
case of Success Adegor, who was sent home because her parents could not
pay the illegal school fee/levy of N900 and the insufficient and
poor-quality education infrastructure of Okotie-Eboh Primary School 1,
Sapele.”