Socio-Economic Rights and Accountability Project (SERAP) has filed a
\nlawsuit asking the Federal High Court, Abuja to “direct and compel 36
\nstate governors to use public funds budgeted for security votes, and
\nlife pensions for former governors to fund healthcare facilities and to
\naddress the impact of COVID-19 on millions of Nigerians, as well as
\npublish details of spending on COVID-19 in their respective states.”<\/p>\n
In the suit number FHC\/ABJ\/CS\/757\/2020 filed last Friday, SERAP is
\nseeking: “an order for leave to apply for judicial review and an order
\nof mandamus to direct and compel the 36 state governors to disclose how
\nmuch they have individually collected from the Federal Government as
\nCOVID-19 support, from private donations and other sources, as well as
\ndetails of spending of any such funds and donations.”<\/p>\n
SERAP is also seeking: “a declaration that the failure of the 36 state
\ngovernors to respond in a satisfactory way to SERAP’s requests amount to
\na fundamental breach of the FoI Act, the 1999 Nigerian Constitution (as
\namended), and the African Charter on Human and Peoples’ Rights.”<\/p>\n
The suit followed SERAP’s Freedom of Information (FoI) requests dated 25
\nApril 2020, expressing concern that: “many state governors are spending
\nscarce state resources to pay themselves security votes and their
\npredecessors’ life pensions rather than using public funds to
\neffectively respond to COVID-19 by investing in and improving public
\nhealthcare facilities in their states.”<\/p>\n
The organization revealed that only two governors—Kaduna State
\ngovernor, Mr. Nasir El-Rufai, and Kwara State governor, Mr Abdulrahman
\nAbdulrazaq—responded to its FoI requests. While “governor El-Rufai
\nclaimed that the FoI is inapplicable in Kaduna state, governor
\nAbdulrazaq stated that the information requested by SERAP is protected
\nfrom disclosure by the FoI.”<\/p>\n
Governor El-Rufai claimed: “The FoI is binding only on the Federal
\nGovernment and its agencies, the Federal Capital Territory, and the
\nstates that choose to domesticate it. We are therefore not bound to
\nrespond to your request using the threat of an FoI Act that is
\ninapplicable in our State.”<\/p>\n
Governor El-Rufai also said: “Should you choose to rephrase your request
\nas a citizen or voter in Kaduna, to whom we are accountable under OGP
\ncommitments, I will direct the relevant departments of government to
\nrespond. Our version of FoI is with the State House of Assembly for
\ndomestication.”<\/p>\n
Governor Abdulrahman Abdulrazaq in his own response to SERAP said: “the
\ncategory of the information you requested is protected from disclosure
\nunder the Freedom of Information Act.”<\/p>\n
But SERAP in the suit said: “By a combined reading of the FoI Act, the
\nNigerian Constitution, and the African Charter on Human and Peoples’
\nRights, which is applicable throughout the country, governors El-Rufai
\nand Abdulrazaq and other 34 governors ought to be compelled to invest in
\nhealthcare facilities, and to tell Nigerians how they are spending
\nCOVID-19 funds and donations in their states.”<\/p>\n
The suit filed on behalf of SERAP by its counsel, Kolawole Oluwadare and
\nAtinuke Adejuyigbe read, in part: “The 36 governors have a
\nresponsibility to act in the interest of Nigerian citizens and residents
\nin their states under the Code of Conduct for Public Officers [Fifth
\nSchedule Part 1] of the Nigerian Constitution, and Oath of Office of
\nGovernor of a State in Seventh Schedule to the Constitution.”<\/p>\n
“The crux of SERAP’s argument is better expressed in the following
\nquestions: What is the economic benefit of appropriation of security
\nvotes and pension to former governors and deputy governors to the
\ncitizens of Nigeria during a pandemic? Why should the governors spend so
\nmuch on a relatively negligible percentage of the population at the
\nexpense of the majority of the citizens?”<\/p>\n
“The office of a governor is created by Section 176 of the Constitution,
\nand the governors are vested with powers to act as members of the
\nexecutive pursuant to Section 5[2] and [3] of the Constitution. These
\nstatutory functions, among other duties of the governors, are guided by
\nrules including the Oath of Office of Governor of a State.”<\/p>\n
“The oath of office of governors is integral to the honest performance
\nof their functions in the public interest. The oath is considered of
\nsuch importance that Section 185[1] of the Constitution provides that
\nthe governors can perform their respective official functions only after
\ntaking the oath of office.”<\/p>\n
“It can be inferred that appropriation of hundreds of millions of Naira
\nfor security votes and payment of pensions to former governors in the
\nface of glaring socio-economic effects of COVID-19 on citizens and
\nresidents can only be in the personal interests of the governors and
\ntheir colleagues, in clear conflict with the public interest and
\nwell-being and prosperity of the country and its people.”<\/p>\n
“Majority of Nigerians continue to live in poverty and without access to
\nbasic necessities of life such as healthcare, and clean water, as
\nestablished by the National Bureau of Statistics in its 2019 Report.”<\/p>\n
“The unconscionable allocations to security votes and pensions for
\nformer governors are happening at a critical time that Nigeria requires
\nurgent infrastructural development to lift itself out of the quagmire of
\npoverty and underdevelopment in response to the harsh realities of
\nCOVID-19 pandemic on the people.”<\/p>\n
“The 36 governors ought to be directed and compelled to use the budgets
\nfor security votes and life pensions for former governors to improve the
\nhealthcare facilities in their respective states, provide palliatives
\nand reliefs, and to address the impact of COVID-19 on citizens and
\nresidents of their respective states.”<\/p>\n
“The 36 governors ought to be directed and compelled to provide details
\nof palliatives and reliefs that they have provided to the most
\nvulnerable people, including the list of beneficiaries, details of what
\nthey are doing to improve testing for COVID-19, isolation centres, as
\nwell as ensure safe protective equipment for health workers.”<\/p>\n
“The 36 governors ought to be directed and compelled to provide details
\nof what they are doing to ensure full respect for human rights of
\neveryone and access to justice for victims of human rights violations
\nand abuses during and linked to COVID-19, as well as any support they
\nare providing to the Nigeria Centre for Disease Control (NCDC) to
\nimprove its capacity to respond to COVID-19.”<\/p>\n
“This suit is of public concern as it bothers on issues of national
\ninterest, public welfare and interest, social justice, good governance,
\ntransparency, and accountability. The right to truth allows Nigerians to
\ngain access to information on what their state governments have done or
\nare doing to cushion the socio-economic effects of COVID-19 on
\nNigerians.”<\/p>\n
No date has been fixed for the hearing of the suit.<\/p>\n","protected":false},"excerpt":{"rendered":"
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…<\/p>\n","protected":false},"author":1,"featured_media":56720,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[4],"tags":[],"class_list":["post-74773","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-other-news"],"yoast_head":"\n