Socio-Economic Rights and Accountability Project (SERAP) has filed a
lawsuit asking the Federal High Court, Abuja to “direct and compel 36
state governors to use public funds budgeted for security votes, and
life pensions for former governors to fund healthcare facilities and to
address the impact of COVID-19 on millions of Nigerians, as well as
publish details of spending on COVID-19 in their respective states.”
In the suit number FHC/ABJ/CS/757/2020 filed last Friday, SERAP is
seeking: “an order for leave to apply for judicial review and an order
of mandamus to direct and compel the 36 state governors to disclose how
much they have individually collected from the Federal Government as
COVID-19 support, from private donations and other sources, as well as
details of spending of any such funds and donations.”
SERAP is also seeking: “a declaration that the failure of the 36 state
governors to respond in a satisfactory way to SERAP’s requests amount to
a fundamental breach of the FoI Act, the 1999 Nigerian Constitution (as
amended), and the African Charter on Human and Peoples’ Rights.”
The suit followed SERAP’s Freedom of Information (FoI) requests dated 25
April 2020, expressing concern that: “many state governors are spending
scarce state resources to pay themselves security votes and their
predecessors’ life pensions rather than using public funds to
effectively respond to COVID-19 by investing in and improving public
healthcare facilities in their states.”
The organization revealed that only two governors—Kaduna State
governor, Mr. Nasir El-Rufai, and Kwara State governor, Mr Abdulrahman
Abdulrazaq—responded to its FoI requests. While “governor El-Rufai
claimed that the FoI is inapplicable in Kaduna state, governor
Abdulrazaq stated that the information requested by SERAP is protected
from disclosure by the FoI.”
Governor El-Rufai claimed: “The FoI is binding only on the Federal
Government and its agencies, the Federal Capital Territory, and the
states that choose to domesticate it. We are therefore not bound to
respond to your request using the threat of an FoI Act that is
inapplicable in our State.”
Governor El-Rufai also said: “Should you choose to rephrase your request
as a citizen or voter in Kaduna, to whom we are accountable under OGP
commitments, I will direct the relevant departments of government to
respond. Our version of FoI is with the State House of Assembly for
domestication.”
Governor Abdulrahman Abdulrazaq in his own response to SERAP said: “the
category of the information you requested is protected from disclosure
under the Freedom of Information Act.”
But SERAP in the suit said: “By a combined reading of the FoI Act, the
Nigerian Constitution, and the African Charter on Human and Peoples’
Rights, which is applicable throughout the country, governors El-Rufai
and Abdulrazaq and other 34 governors ought to be compelled to invest in
healthcare facilities, and to tell Nigerians how they are spending
COVID-19 funds and donations in their states.”
The suit filed on behalf of SERAP by its counsel, Kolawole Oluwadare and
Atinuke Adejuyigbe read, in part: “The 36 governors have a
responsibility to act in the interest of Nigerian citizens and residents
in their states under the Code of Conduct for Public Officers [Fifth
Schedule Part 1] of the Nigerian Constitution, and Oath of Office of
Governor of a State in Seventh Schedule to the Constitution.”
“The crux of SERAP’s argument is better expressed in the following
questions: What is the economic benefit of appropriation of security
votes and pension to former governors and deputy governors to the
citizens of Nigeria during a pandemic? Why should the governors spend so
much on a relatively negligible percentage of the population at the
expense of the majority of the citizens?”
“The office of a governor is created by Section 176 of the Constitution,
and the governors are vested with powers to act as members of the
executive pursuant to Section 5[2] and [3] of the Constitution. These
statutory functions, among other duties of the governors, are guided by
rules including the Oath of Office of Governor of a State.”
“The oath of office of governors is integral to the honest performance
of their functions in the public interest. The oath is considered of
such importance that Section 185[1] of the Constitution provides that
the governors can perform their respective official functions only after
taking the oath of office.”
“It can be inferred that appropriation of hundreds of millions of Naira
for security votes and payment of pensions to former governors in the
face of glaring socio-economic effects of COVID-19 on citizens and
residents can only be in the personal interests of the governors and
their colleagues, in clear conflict with the public interest and
well-being and prosperity of the country and its people.”
“Majority of Nigerians continue to live in poverty and without access to
basic necessities of life such as healthcare, and clean water, as
established by the National Bureau of Statistics in its 2019 Report.”
“The unconscionable allocations to security votes and pensions for
former governors are happening at a critical time that Nigeria requires
urgent infrastructural development to lift itself out of the quagmire of
poverty and underdevelopment in response to the harsh realities of
COVID-19 pandemic on the people.”
“The 36 governors ought to be directed and compelled to use the budgets
for security votes and life pensions for former governors to improve the
healthcare facilities in their respective states, provide palliatives
and reliefs, and to address the impact of COVID-19 on citizens and
residents of their respective states.”
“The 36 governors ought to be directed and compelled to provide details
of palliatives and reliefs that they have provided to the most
vulnerable people, including the list of beneficiaries, details of what
they are doing to improve testing for COVID-19, isolation centres, as
well as ensure safe protective equipment for health workers.”
“The 36 governors ought to be directed and compelled to provide details
of what they are doing to ensure full respect for human rights of
everyone and access to justice for victims of human rights violations
and abuses during and linked to COVID-19, as well as any support they
are providing to the Nigeria Centre for Disease Control (NCDC) to
improve its capacity to respond to COVID-19.”
“This suit is of public concern as it bothers on issues of national
interest, public welfare and interest, social justice, good governance,
transparency, and accountability. The right to truth allows Nigerians to
gain access to information on what their state governments have done or
are doing to cushion the socio-economic effects of COVID-19 on
Nigerians.”
No date has been fixed for the hearing of the suit.