There is prospect Nigerians keen on knowing details of how Universal
\nBasic Education Commission (UBEC) funds are disbursed and spent by the
\nDelta State Government may soon have some answers, as Socio-Economic
\nRights and Accountability Project (SERAP) has won the latest round in
\nthe legal battle to compel Governor Ifeanyi Okowa and UBEC to publish
\nspending details of the funds collected for primary schools in the state
\nand the locations of projects carried out between 2015 and 2019.<\/p>\n
Justice Rilwan Aikawa of the Federal High Court in Ikoyi, Lagos, last
\nweek ruled that “Going through the Application filed by SERAP, supported
\nby a 13-paragraph affidavit, with supporting exhibits, statements
\nsetting out the facts, verifying affidavits and written address in
\nsupport, I am satisfied that leave ought to be granted in this case, and
\nI hereby grant the motion for leave as prayed.”<\/p>\n
Justice Aikawa granted the order for leave following the hearing of an
\nargument in court on exparte motion by SERAP counsel, Ms Joke Fekumo.<\/p>\n
The suit number FHC\/L\/CS\/803\/2019 filed last year followed “the failure
\nby Governor Okowa, UBEC, and the Delta State Universal Basic Education
\nBoard (SUBEB) to explain how billions of naira of UBEC funds and from
\nthe Federation Accounts Allocation Committee have been spent, and to
\ndisclose the locations of primary school projects.”<\/p>\n
The order by Justice Aikawa has now cleared the way for SERAP to advance
\nits case against Governor Okowa, UBEC, and SUBEB and to challenge the
\nlegality of their refusal to publish the information requested. The suit
\nis adjourned to 14th January 2021 for motion on notice.<\/p>\n
In the suit, SERAP is applying for judicial review and to seek an order
\nof mandamus directing and compelling Governor Okowa, UBEC, and SUBEB to
\n“widely publish details of disbursement and spending of UBEC funds in
\nDelta State; locations of projects carried out, and details of primary
\nschools that have benefited from any spending of public funds.”<\/p>\n
SERAP is also seeking “an order of mandamus directing and compelling
\nGovernor Okowa, UBEC, and SUBEB to disclose details of actual spending
\nto provide access to quality education for children with disabilities in
\nDelta State, and the names of the schools that have benefited from any
\nsuch spending.”<\/p>\n
The suit, read in part: “Delta State government has received over N7.8
\nbillion from UBEC. The government has also received funds from federal
\nallocations to Delta State. The government accessed over N3 billion of
\nUBEC funds between 2015 and 2016, while it also reportedly approved the
\nrelease of N1.28 billion counterpart funds to enable it to access UBEC
\nfunds for 2017.”<\/p>\n
“The government also received N213 billion from the Federation Accounts
\nAllocation Committee (FAAC) in 2018, at an average of N17.8 billion
\nmonthly. Yet, several of the around 1,124 primary schools across the
\nState are in shambles, and with very poor teaching facilities.”<\/p>\n
“Tens of thousands of Nigerian children are being left behind in Delta
\nstate and their futures put in jeopardy. These children are being
\nshort-changed and they deserve to know how much exactly have the state
\ngovernment and UBEC spent between 2015 and 2019, on their education.”<\/p>\n
“The right to information and truth allows Nigerians to gain access to
\ninformation essential to the fight against corruption, institutionalise
\ngood governance and improve citizens’ confidence in public institutions
\nand officials.”<\/p>\n
“The refusal by the governor, UBEC and SUBEB to respond to SERAP’s
\nFreedom of Information requests can only be construed to mean denial of
\nthe information sought. We shouldn’t have to ask for the information on
\nspending of public funds in the state. The poor conditions of primary
\nschools across the state would seem to suggest that the government has
\nabandoned poor children in Delta state.”<\/p>\n
“The governor, UBEC and SUBEB have nothing to lose if the information is
\nreleased to SERAP and members of the public. It is in the interest of
\njustice that the information be released. Unless the reliefs sought
\nherein are granted, the governor, UBEC and SUBEB will continue to be in
\nbreach of the Freedom of Information Act, and other constitutional and
\nstatutory responsibilities.”<\/p>\n
“The information is needed to verify and establish the truth about the
\nspending of public funds on education by the government, for the
\npurposes of transparency and accountability. There must be
\naccountability for the massive budgetary allocations to primary
\neducation in the state, including the funds provided by UBEC.”<\/p>\n
“Access to information held by public authorities is a fundamental
\nelement of the right to freedom of expression guaranteed by Section 39
\nof the Nigerian Constitution of 1999 (as amended) and vital to the
\nproper functioning of any democratic system. Providing the requested
\ninformation will also allow the citizens to track the level of execution
\nof education projects in the state.”<\/p>\n
It would be recalled that SERAP had last year in separate Freedom of
\nInformation requests to the governor, UBEC and SUBEB stated: “The
\nevidence of education deficit in the state is further buttressed by the
\ncase of Success Adegor, who was sent home because her parents could not
\npay the illegal school fee\/levy of N900 and the insufficient and
\npoor-quality education infrastructure of Okotie-Eboh Primary School 1,
\nSapele.”<\/p>\n","protected":false},"excerpt":{"rendered":"
There is prospect Nigerians keen on knowing details of how Universal Basic Education Commission (UBEC) funds are disbursed and spent by the Delta State Government may soon have some answers,…<\/p>\n","protected":false},"author":1,"featured_media":68952,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-76875","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n