There is prospect Nigerians keen on knowing how exactly the National
\nAssembly is run may soon have some answers, as Socio-Economic Rights and
\nAccountability Project (SERAP) has won the latest round in the legal battle
\nto compel the Senate President Dr Bukola Sakari and Speaker of the House of
\nRepresentatives Mr Dogara Yakubu to account for the spending of N500
\nbillion as running cost for the legislative body between 2006 and 2016, and
\ndisclose monthly allowances of each member.<\/p>\n
Justice Rilwan Aikawa of the Federal High Court in Ikoyi, Lagos on Friday
\nruled that, \u201cI have looked at the papers filed by SERAP and I am satisfied
\nthat leave ought to be granted in this case for judicial review and an
\norder of mandamus directing and compelling Saraki and Dogara to account for
\nthe spending of the running cost and disclose the monthly income and
\nallowances of each Senator and member.\u201d<\/p>\n
Justice Aikawa granted the order for leave following the hearing of an
\nargument in court on *exparte* motion by SERAP counsel Ms Bamisope
\nIbidolapo.<\/p>\n
The suit numbers FHC\/L\/CS\/1711\/16 and FHC\/L\/CS\/1710\/16 filed last
\nDecember followed
\ndisclosure by Abdulmumin Jibrin that Nigerian Senators and House of
\nRepresentatives members have pocketed N500 billion as \u2018running cost\u2019 out of
\nthe N1 trillion provided for in the National Assembly budgets between 2006
\nand 2016, and by former president Olusegun Obasanjo that each Senator goes
\nhome with nothing less than N15m monthly while each member receives nothing
\nless than N10m monthly.<\/p>\n
The order by Justice Aikawa has now cleared the way for SERAP to advance
\nits case against the Senate President and the Speaker of the House of
\nRepresentatives. The motion on notice is set for Tuesday 12 December, 2017
\nfor the hearing of argument on why Saraki and Dogara should not be
\ncompelled to publish details of the spending on the running of the National
\nAssembly and the exact monthly income and allowances of each Senator and
\nmember.<\/p>\n
The suits read in part: \u201cObedience to the rule of law by all citizens but
\nmore particularly those who publicly took oath of office to protect and
\npreserve the constitution is a desideratum to good governance and respect
\nfor the rule of law. In a democratic society, this is meant to be a norm;
\nit is an apostasy for government to ignore the provisions of the law and
\nthe necessary rules made to regulate matters\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 and
\nrefusal are contained in the verifying affidavit in support of the
\napplication and shall be relied upon at the hearing of this application. The
\nDefendants\/Respondents have no reason whatsoever to deny SERAP access to
\nthe information sought for.\u201d<\/p>\n
\u201cBy virtue of Section 1(1) of the FOI Act 2011, SERAP is entitled as of
\nright to request for or gain access to information which is in the custody
\nor possession of any public official, agency or institution. Under the FOI,
\nwhen a person makes a request for information from a public official,
\ninstitution or agency, the public official, institution or agency to whom
\nthe application is under a binding legal obligation to provide the
\nPlaintiff\/Applicant with the information requested for, except as otherwise
\nprovided by the Act, within 7 days after 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 accountability.\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 permits
\nan exemption or derogation from the duty to disclose. Nigerian courts have
\nconsistently held that the use of mandatory words such as \u201cmust\u201d and
\n\u201cshall\u201d in a statute is naturally prima facie imperative and admits of no
\ndiscretion.\u201d<\/p>\n
The suits are respectively seeking the following reliefs:<\/p>\n
1. *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
\nCharter on
\nHuman and Peoples\u2019 Rights (Ratification and Enforcement) Act.
\n2. *A 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
\nbillion running cost between 2006 and 2016 were spent.
\n3. *AN 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.<\/p>\n","protected":false},"excerpt":{"rendered":"
There is prospect Nigerians keen on knowing how exactly the National Assembly is run may soon have some answers, as Socio-Economic Rights and Accountability Project (SERAP) has won the latest…<\/p>\n","protected":false},"author":1,"featured_media":60030,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-60029","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n