Socio-Economic Rights and Accountability Project (SERAP) has sued the
\nSenate President Dr Bukola Sakari and Speaker of the House of
\nRepresentatives Mr Dogara Yakubu \u201cover failure to give account of the
\nspending of N500 billion as running cost between 2006 and 2016, and the
\nmonthly income and allowances of each Senator and member.\u201d<\/p>\n
The suits filed last Friday at the Federal High Court Ikoyi followed two
\nFreedom of Information requests dated 25 November 2016 to both Dr Saraki
\nand Mr Dogara asking them to \u201curgently provide information about alleged
\nspending of N500 billion as running cost between 2006 and 2016, and the
\nmonthly income and allowances of each Senator and member.\u201d<\/p>\n
The originating summons with suit numbers FHC\/L\/CS\/1711\/16 and
\nFHC\/L\/CS\/1710\/16 respectively were brought pursuant to section 4(a) of the
\nFreedom of Information Act, and signed by SERAP executive director
\nAdetokunbo Mumuni.<\/p>\n
SERAP\u2019s suits against Dr Saraki and Mr Dogara followed disclosure by
\nAbdulmumin Jibrin that Nigerian Senators and House of Representatives
\nmembers have pocketed N500 billion as \u2018running cost\u2019 out of the N1
\ntrillion provided for in the National Assembly budgets between 2006 and
\n2016, and by former president Olusegun Obasanjo that each Senator goes
\nhome with nothing less than N15m monthly while each member receives
\nnothing less than N10m monthly.<\/p>\n
SERAP is asking the court to determine the question \u201cWhether by virtue of
\nthe provision of section 4(a) of the Freedom of Information Act 2011, the
\nDefendants are under an obligation to provide the Plaintiff with the
\ninformation requested for.\u201d<\/p>\n
The suits read in part: \u201cBy virtue of Section 1(1) of the FOI Act 2011,
\nSERAP is entitled as of right to request for or gain access to information
\nwhich is in the custody or possession of any public official, agency or
\ninstitution. Under the FOI, when a person makes a request for information
\nfrom a public official, institution or agency, the public official,
\ninstitution or agency to whom the application is under a binding legal
\nobligation to provide the Plaintiff\/Applicant with the information
\nrequested for, except as otherwise provided by the Act, within 7 days
\nafter the application is received.\u201d<\/p>\n
\u201cThe information requested for by SERAP relates to information about
\nspending of N500 billion as running cost between 2006 and 2016, and the
\nmonthly income and allowances of each Senator and member. The information
\nrequested by SERAP does not come within the purview of the types of
\ninformation exempted from disclosure by the provisions of the FOI Act. The
\ninformation requested for, apart from not being exempted from disclosure
\nunder the FOI Act, bothers on an issue of National interest, public
\nconcern, social justice, good governance, transparency and
\naccountability.\u201d<\/p>\n
\u201cThe Defendants will not suffer any injury or prejudice if the information
\nis released to the members of the public. It is in the interest of justice
\nthat the information be released. Unless the reliefs sought herein are
\ngranted, the Defendants will continue to be in breach of the Freedom of
\nInformation Act, and other statutory responsibilities.\u201d<\/p>\n
\u201cUp till the time of filing this action the Defendants\/Respondents have
\nfailed, neglected and\/or refused to make available the information
\nrequested by SERAP. The particulars of facts of the failure, negligence
\nand refusal are contained in the verifying affidavit in support of the
\napplication and shall be relied upon at the hearing of this application.
\nThe Defendants\/Respondents have no reason whatsoever to deny SERAP access
\nto the information sought for.\u201d<\/p>\n
\u201cIt is submitted that Section 4(a) of the FOI Act 2011 is a mandatory and
\nabsolute provision which imposes a binding legal duty or obligation on a
\npublic official, agency or institution to comply with a request for access
\nto public information or records except where the FOI Act expressly
\npermits an exemption or derogation from the duty to disclose. Nigerian
\ncourts have consistently held that the use of mandatory words such as
\n\u201cmust\u201d and \u201cshall\u201d in a statute is naturally prima facie imperative and
\nadmits of no discretion.\u201d<\/p>\n
\u201cObedience to the rule of law by all citizens but more particularly those
\nwho publicly took oath of office to protect and preserve the constitution
\nis a desideratum to good governance and respect for the rule of law. In a
\ndemocratic society, this is meant to be a norm; it is an apostasy for
\ngovernment to ignore the provisions of the law and the necessary rules
\nmade to regulate matters\u201d.<\/p>\n
The suits are respectively seeking the following reliefs:<\/p>\n
A DECLARATION that the failure and\/or refusal of the Respondents to
\ndisclose the spending of N500 billion as running cost between 2006 and
\n2016, and the monthly income and allowances of each Senator and member
\namounts to a breach of the fundamental principles of transparency and
\naccountability and violates Articles 9, 21 and 22 of the African Charter
\non Human and Peoples\u2019 Rights (Ratification and Enforcement) Act.
\nA DECLARATION that by virtue of the provisions of Section 1 (1) and
\nSection 4 (a) of the Freedom of Information Act 2011, the
\nDefendants\/Respondents are under a binding legal obligation to provide the
\nPlaintiff\/Applicant with up to date information on the spending allowances
\nof each Senator and member including: Details of projects on which the
\nN500 billion running cost between 2006 and 2016 were spent.
\nAN ORDER OF MANDAMUS directing and or compelling the
\nDefendants\/Respondents to provide the Plaintiff\/Applicant with up to date
\ninformation on the spending of N500 billion as running cost between 2006
\nand 2016, and the monthly income and allowances of each Senator and member
\nincluding: Details of projects on which the N500 billion running cost
\nbetween 2006 and 2016 were spent.
\nNo date has been fixed for the hearing of the suits.<\/p>\n","protected":false},"excerpt":{"rendered":"
Socio-Economic Rights and Accountability Project (SERAP) has sued the Senate President Dr Bukola Sakari and Speaker of the House of Representatives Mr Dogara Yakubu \u201cover failure to give account of…<\/p>\n","protected":false},"author":1,"featured_media":51126,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-55016","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n