Socio-Economic Rights and Accountability Project (SERAP) has filed a
\nlawsuit against Mrs Zainab Ahmed, Minister of Finance, Budget and
\nNational Planning over failure to “disclose information and specific
\ndocuments on the total amount of money paid to contractors from the $460
\nmillion loan obtained in 2010 from China to fund the apparently failed
\nAbuja Closed-Circuit Television (CCTV) project, and failure to name the
\ncontractors involved and explain why the government has continued to
\nre-pay the loan.”<\/p>\n
In the suit number FHC\/ABJ\/CS\/1447\/2019 filed last week at the Federal
\nHigh Court, Abuja, SERAP is seeking “an order for leave to apply for
\njudicial review and an order of mandamus to direct and\/or compel the
\nMinister of Finance to disclose the details of local companies and
\nChinese contractors that have received funds from the $460 million loan
\nfor the finance of the failed Abuja CCTV project as well as details of
\nthe status of implementation of the project.”<\/p>\n
SERAP is also seeking “an order of mandamus to direct and compel the
\nMinister of Finance to disclose whether the sum of N1.5 billion Naira
\npaid in 2010 for the failed project meant to construct the headquarters
\nof the Code of Conduct Bureau (CCB) was part of another loan obtained
\nfrom China, and to clarify further whether the sum of N1.5 billion Naira
\nmobilsation fee for the construction of the Headquarters of the CCB in
\nAbuja was part of another loan from China.”<\/p>\n
The suit followed SERAP’s Freedom of Information (FoI) request dated 25
\nOctober 2019 to Mrs Ahmed, expressing: “concern that Nigerians are being
\nmade to pay for the Chinese loans for failed and abandoned projects, and
\nfor which they have not benefited in any way, shape or form.”<\/p>\n
The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare,
\nOpeyemi Owolabi and Ms Atinuke Adejuyigbe, read in part: “Transparency
\nin the spending of Chinese loans is good for everyone, as this would
\nhelp to increase the effectiveness, legitimacy, and contribution of the
\nloans to the development of public goods and services, and the general
\npublic interests.”<\/p>\n
“The information being requested does not come within the purview of the
\ntypes of information exempted from disclosure under the Act. The
\nRespondent has no legally justifiable reason for refusing to provide
\nSERAP with the information requested.”<\/p>\n
“Democracy cannot flourish if governments operate in secrecy. The
\ncitizens are entitled to know how the commonwealth is being utilized,
\nmanaged and administered in a democratic setting.”<\/p>\n
“By the combined provisions of Sections 1; 2; 3(4); 4; 7(1)&(5); 9;
\n14(2)(b); 19(2); 20 of the FoI Act, 2011, among other provisions;
\nSERAP’s right of access to information is guaranteed and there is a
\nstatutory obligation on the Respondent, being public officer, to
\nproactively keep, organize and maintain all information or records about
\nher ministry’s operations, personnel, activities and other relevant or
\nrelated information or records in a manner that facilitates public
\naccess to such information or record.”<\/p>\n
“By virtue of Section 4 (a) of the FOI Act when a person makes a request
\nfor information from a public official, institution or agency, the
\npublic official, institution or agency to whom the application is
\ndirected is under a binding legal obligation to provide the applicant
\nwith the information requested for, except as otherwise provided by the
\nAct, within 7 days after the application is received.”<\/p>\n
“The Respondent is an appointee of the President of Nigeria and head of
\nthe Ministry of Finance. Her official duties include; collecting and
\ndisbursing government revenue, formulating policies on management of the
\nFederal Government’s finance, preparing annual budget and accounts for
\nministries, departments and agencies and managing federal debt.”<\/p>\n
“Obedience to the rule of law by all citizens but more particularly
\nthose who publicly took oath of office to protect and preserve the
\nconstitution is a desideratum to good governance and respect for the
\nrule of law. In a democratic society, this is meant to be a norm; it is
\nan apostasy for government to ignore the provisions of the law and the
\nnecessary rules to regulate matters”<\/p>\n
The FoI request read in part: “As trustee of public funds, SERAP
\ncontends that your Ministry has a legal duty to disclose details of
\nspending on the $460 million Abuja CCTV project and N1.5 billion for the
\nconstruction of CCB headquarters, to the beneficiaries (Nigerians) of
\nthe trust, if and when called upon to do so. Any failure or refusal to
\nprovide the information will also be clearly inconsistent with the
\nletter and spirit of the FoI Act.”<\/p>\n
“Servicing Chinese loans for failed projects is double jeopardy for
\nNigerians\u2014they can neither see nor benefit from the projects; yet, they
\nare made to pay both the loans and the accrued interests.”<\/p>\n
“The $460 million loan got for the failed Abuja CCTV project and the
\nN1.5 billion for the construction of CCB headquarters, which may be part
\nof another Chinese loan, may have been mismanaged or stolen, and in any
\ncase, remain unaccounted for.”<\/p>\n
“As a key agency of government, the Ministry of Finance, Budget and
\nNational Planning has a sacred duty to ensure that the country’s loans
\nincluding those obtained from China are transparently and accountably
\nused solely for the purposes for which the loans are obtained, and for
\nthe effective development of public goods and services as well as the
\ngeneral public interests.”<\/p>\n
The suit is seeking the following reliefs:<\/p>\n
AN ORDER granting leave to the Applicant to apply for judicial review
\nand to seek an order of mandamus directing and compelling the Respondent
\nto provide and make available to the Applicant information on the total
\namount of money paid to contractors, with specific details of names of
\ncompanies local contractors involved, from the $460 million loan
\nobtained in 2010 from China by the Federal Government of Nigeria to fund
\nthe Abuja Closed-Circuit Television (CCTV) contract.<\/p>\n
AN ORDER granting leave to the Applicant to apply for judicial review
\nand to seek an order of Mandamus directing and compelling the Respondent
\nto provide the details of the local companies and Chinese contractors
\nthat have received funds from the $460 million loan for the finance of
\nthe Abuja CCTV contract as well as details of the status of
\nimplementation of the project.<\/p>\n
AN ORDER granting leave to the Applicant to apply for judicial review
\nand to seek an order of Mandamus directing and compelling the Respondent
\nto provide details clarifying whether the sum of N1.5 billion Naira paid
\nin 2010 for the failed contract meant to construct the headquarters of
\nthe CCB was part of another loan obtained from China, and to clarify
\nfurther whether the sum of N1.5 billion Naira mobilsation fee reportedly
\npaid to the contractors for the construction of the Headquarters of the
\nCode of Conduct Bureau in Abuja was part of another loan from China.<\/p>\n
AND FOR SUCH FURTHER ORDER(S) the Honourable Court may deem fit to make
\nin the circumstances.<\/p>\n
No date has been fixed for the hearing of the suit.<\/p>\n","protected":false},"excerpt":{"rendered":"
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