Socio-Economic Rights and Accountability Project (SERAP) has sued the
\nDirector-General, National Youth Service Corps (NYSC) Brigadier-General
\nSule Kazaure and the NYSC over \u201cfailure to publish specific documents and
\ninformation on Minister of Finance Mrs Kemi Adeosun\u2019s application for NYSC
\nexemption, and seeking to compel them to explain if Adeosun obtained any
\nExemption Certificate from the NYSC.\u201d<\/p>\n
In the suit number FHC\/L\/CS\/1369\/18 filed yesterday at the Federal High
\nCourt, Ikoyi, Lagos, SERAP is seeking \u201can order for leave to apply for
\njudicial review and an order of mandamus directing and\/or compelling
\nGeneral Kazaure and the NYSC to urgently provide specific documents and
\ninformation on Mrs Kemi Adeosun\u2019s application to the NYSC for Exemption
\nand to publish widely including on a dedicated and on the NYSC website,
\nany such information.\u201d<\/p>\n
The suit followed SERAP\u2019s Freedom of Information request dated 2 August
\n2018 to General Kazaure, giving him 7 days to provide \u201cinformation on
\nspecific details and documents on the Exemption Certificate applied for
\nand obtained by Mrs Adeosun; clarify whether the NYSC actually granted her
\nthe Exemption Certificate and if it did, the circumstances and the
\nprovisions of the NYSC Act under which the Exemption Certificate was
\ngranted.\u201d<\/p>\n
The suit filed on behalf of SERAP by its counsel, Ms. Bamisope Adeyanju
\nread in part: \u201cSuspicions of obtaining unauthorised certificate involving
\na senior member of the government if not urgently and satisfactorily
\naddressed would weaken public trust in the government\u2019s oft-expressed
\ncommitment to transparency and accountability.\u201d<\/p>\n
\u201cBy the combined provisions of section 104(1) of the Evidence Act, 2011
\nand sections 14(2)(b) 14(3) and 19(2) of the Freedom of Information Act,
\nthe NYSC, being the public institution in charge of issuing exemption
\ncertificates from the compulsory NYSC Programme, and having publicly
\ndeclared that Mrs. Adeosun applied for exemption, has a duty to provide
\nSERAP with details and documents containing the application for exemption
\nand the exemption certificate itself, if it was granted.\u201d<\/p>\n
\u201cMandamus lies to secure the performance of a public duty in the
\nperformance which SERAP has a sufficient legal interest. SERAP has shown
\nthat it has demanded the performance of the duty by the NYSC in this case,
\nand that performance has been refused by the Director-General of the NYSC
\nobliged to discharge it.\u201d<\/p>\n
\u201cThe right of access to information should be subject to a narrow,
\ncarefully tailored system of exceptions. Exceptions should apply only
\nwhere there is a risk of substantial harm to the protected interest and
\nwhere that harm is greater than the overriding public interest in having
\naccess to the information.\u201d<\/p>\n
\u201cSERAP requested the NYSC to provide the information\u00a0within 7 days<\/span><\/span>\u00a0of the \u201cThis matter is of utmost national importance and public interest, because \u201cBy the combined provisions of Sections 1; 2; 3(4); 4; 7(1)&(5); 9; \u201cThe NYSC has no reason whatsoever not to comply with the demands by \u201cUnless the reliefs sought by SERAP are granted, the NYSC will not provide \u201cSERAP is entitled as of right to request for or gain access to The suit is seeking the following reliefs:<\/p>\n A DECLARATION that the failure of the Respondents to provide the Applicant AN ORDER OF MANDAMUS directing and\/or compelling the Respondents to A DECLARATION that the failure of the Respondents to provide the Applicant i.\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0the procedure under the National Youth Service Corps ii.\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 ii. whether an authorized official of the NYSC actually iii.\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0if NYSC did issue the NYSC Exemption Certificate, the AN ORDER OF MANDAMUS directing and\/or compelling the Respondents to i. the procedure under the National Youth Service Corps (NYSC) Act, Laws ii. whether an authorized official of the NYSC actually issued an No date has been fixed for the hearing of the suit.<\/p>\n Socio-Economic Rights and Accountability Project (SERAP) has sued the Director-General, National Youth Service Corps (NYSC) Brigadier-General Sule Kazaure and the NYSC over \u201cfailure to publish specific documents and information on…<\/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-63601","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n
\nreceipt and\/or publication of the letter. But since the receipt of the
\nletter by the NYSC and up till the filing of this suit, the NYSC has
\nfailed, refused and\/or neglected to respond to or grant SERAP\u2019s request.\u201d<\/p>\n
\nit borders on allegations of circumvention of the law, brought against a
\nhigh public officer of Nigeria, who has sworn on oath to uphold the laws
\nof the nation; including the NYSC Act. The grant of this application will
\nhelp reveal the truth about the authenticity of the Exemption Certificate
\ngranted to Mrs Adeosun.\u201d<\/p>\n
\n14(2)(b)&3; 19(2); and 20 of the Freedom of Information Act, 2011, the
\nright of access to information is guaranteed and there is a statutory
\nobligation on the NYSC being a public institution, to proactively keep,
\norganize and maintain all information or records about their operations,
\npersonnel, activities and other relevant or related information or records
\nin a manner that facilitates public access to such information or record.\u201d<\/p>\n
\nSERAP. There is compelling public interest in the disclosure of the
\ninformation sought by SERAP, which concerns whether a high-ranking
\nMinister had circumvented or disobeyed the law. The public interest in
\nthis case outweighs any private interest that the NYSC may be protecting.
\nBy the provision of Section 20 of the Freedom of Information Act, SERAP is
\nentitled to apply to this Court for a review of the action of the NYSC.\u201d<\/p>\n
\nSERAP with the documents and information requested and will continue to be
\nin breach of the Freedom of Information Act.\u201d<\/p>\n
\ninformation, including information on the Exemption allegedly applied for
\nby Mrs Adeosun.\u201d<\/p>\n
\nwith specific documents and information on Mrs Kemi Adeosun\u2019s application
\nto it for NYSC Exemption is unlawful and amounts to a breach of the
\nRespondents\u2019 responsibility\/obligation under the Freedom of Information
\nAct 2011.<\/p>\n
\nurgently provide the Applicant with specific documents and information on
\nMrs Kemi Adeosun\u2019s application to it for National Youth Service Corps
\n(NYSC) Exemption and to publish widely including on a dedicated and on the
\nNYSC website, any such information.<\/p>\n
\nwith specific documents and information on the following:<\/p>\n
\n(NYSC) Act, Laws of the Federation of Nigeria, 2004 to \u201capply\u201d for NYSC
\nExemption;<\/p>\n
\nissued an Exemption Certificate to Mrs. Kemi Adeosun;<\/p>\n
\ncircumstances and the provisions of the NYSC Act under which the Exemption
\nCertificate was granted; and to publish widely including on a dedicated
\nwebsite and on the NYSC website, any such information, is unlawful and
\namounts to a breach of the Respondent\u2019s obligation under the Freedom of
\nInformation Act 2011.<\/p>\n
\nurgently provide the Applicant with specific documents and information on
\nthe following:<\/p>\n
\nof the Federation of Nigeria, 2004 to \u201capply\u201d for NYSC Exemption;<\/p>\n
\nExemption Certificate to Mrs. Kemi Adeosun; if NYSC did issue the NYSC
\nExemption Certificate, the circumstances and the provisions of the NYSC
\nAct under which the Exemption Certificate was granted; and to publish
\nwidely including on a dedicated website and on the NYSC website, any such
\ninformation.<\/p>\n