The Federal High Court sitting in Lagos, in a landmark
judgment, has “ordered the disclosure of the spending details of over N200bn
public funds collected by the government of former Delta State governor Ifeanyi
Okowa from the Universal Basic Education Commission [UBEC] fund and allocations
from the Federation Accounts.”
The court ordered the Delta State Governor Sheriff
Oborevwori to “disclose details of budgetary allocations and actual spending by
the Okowa government between 2015 and 2019, including specific projects carried
out to improve primary education in Delta State, and the locations of such
projects.”
The judgment was delivered by Honourable Justice Daniel
Osiagor, following a Freedom of Information suit number: FHC/L/CS/803/2019,
brought by Socio-Economic Rights and Accountability Project (SERAP).
In his judgment, Justice Osiagor held that, “SERAP has
cognizable legal right to inquire and know the way and manner public
institutions manage public funds. I must say, that every citizen has a duty to
demand transparency and accountability in governance of public institutions.”
Justice Osiagor also stated that, “Why should a request for
details of disbursement and spending of public funds between 2015-2019 by Delta
State be a cause of litigation for four years? Public officials are fast
developing a state of anomie and cold feet when confronted with request for
audit report of public duties and budgets.”
Justice Osiagor ordered the Delta State government to
“disclose how the Okowa government spent over N7.28 billion received from UBEC
between 2015 and 2017, and N213 billion received from the Federation Accounts
Allocation Committee (FAAC) in 2018, at an average of N17.8 billion monthly.”
SERAP’s suit followed the case of seven year-old Success
Adegor, who was sent home because her parents could not pay the illegal school
fee/levy of N900, and the poor-quality of her Okotie-Eboh Primary School 1.
Miss Success had, in a viral video in March 2019 said, “No be say I no go pay,
dem go flog, flog, flog, dem go tire.”
Justice Osiagor ordered the government to “disclose details
of the primary schools that have benefited from the projects carried out on
access to free and quality primary education in Delta State, and information on
indirect costs, including uniforms, exercise books, and transport costs to
students and their parents.”
Justice Osiagor also ordered the government to “disclose
specific details of the steps Delta State Government is taking to improve the
overall welfare of children in primary schools across Delta State, including
details of government’s fee-free programme, if any, across primary schools in
Delta State.”
Justice Osiagor dismissed all the objections raised by the
Delta State government, Universal Basic Education Commission [UBEC] and the
Delta State Universal Basic Education Board and upheld SERAP’s arguments. Consequently,
the court entered judgment in favour of SERAP against the three respondents.
Justice Osiagor’s judgment, dated 17 July, 2023, read in
part: “SERAP’s application cures so much disinformation in the public space.
The request by SERAP falls within the categories of records accessible by the
public.
“However, public institutions are becoming increasingly
hysterical upon any request served on them for information bordering on
accountability.
“The arguments of the Delta State government and the Delta
State Universal Basic Education Board (SUBEB) that the Freedom of Information
Act applies to only Federal Government officials cannot be sustained as public
institutions are defined in Section 31 of the Interpretation section to include
State institutions.
“Besides, any State Freedom of Information Law that runs
contrary to the Federal legislation to the extent of the inconsistency shall be
void. See Section 4(5) of the Constitution of Nigeria, 1999 [as amended].
National Assembly’s legislative powers is for the peace, order and good
government of Nigeria.
“The Delta state government’s reliance on the Delta State
Freedom of Information Law, 2019 is inappropriate in this case. The
retrospective application of the Delta State piece of legislation is hollow as
it cannot divest the vested rights of SERAP.
“The Freedom of Information Act was the only piece of
legislation applying to Delta prior to the filing of this suit by SERAP by the
doctrine of covering the field. I am not unmindful of the concurrent powers of
legislation between the Federal and State legislatures. There is therefore no
feature depriving this court of jurisdiction.
“Besides, the Delta State procedural step is inapplicable as
it was not in existence when this cause of action arose. I therefore hold that
SERAP has effectively triggered the application of the Freedom of Information
Act by their letters of April, 2019 placing demands for information from the
Delta State government.
“The Freedom of Information Act is a liberalized piece of legislation
did not place a burden on an Applicant but rather to the contrary places a
burden on the public institution/official that the request is forwarded to. See
Section 1[2] of the Act which provides: ‘an applicant under this Act needs not
demonstrate any specific interest.
“The piece of legislation therefore clothed SERAP with the
firm ground to apply and demand the Delta State government to within 7 days
respond to the request. For all I have been postulating herein, I find merit in
the application by SERAP and grant all the reliefs as sought.
“The Delta State government and the Delta State Universal
Basic Education Board neither responded to the letters by SERAP nor complied
with the demands, hence this action for mandamus to compel them under the
Freedom of Information Act.
“SERAP’s action therefore, puts the provisions of the
Freedom of Information Act to a litmus test regarding the right of an NGO to
seek and obtain information from the public archives or records.
“The Freedom of Information Act should be commendable in
this Democratic dispensation as its implementation becomes a derivative action
underpinning Section 39 of the Constitution of Nigeria, 1999 [as amended] of
the freedom of expression and holding opinions.
“In the letter dated
29 July 2023 sent to Governor Sheriff Oborevwori on the judgment, and signed by
SERAP deputy director, Kolawole Oluwadare, the organization said, “We note your
stated commitment in your inaugural speech ‘to deliver good governance to our
people.’ We therefore urge you to immediately obey and respect the judgment of
the Court.
SERAP’s letter, read in part: “We urge you to invite the
former State governor Ifeanyi Okowa and to direct the Delta State Universal
Basic Education Board to explain the spending of the education funds and to
immediately compile and disclose the spending details of the funds as ordered
by the court.
“By immediately complying with the judgment, your government
will be sending a powerful message to politicians and others that they will be
held to account even when out of office.”
Mr Okowa was the vice presidential candidate of the Peoples
Democratic Party (PDP) in the 2023 general elections.
Joined as defendants in the suit are the Universal Basic
Education Commission [UBEC] and the Delta State Universal Basic Education Board
(SUBEB).
Justice Osiagor granted the following orders of mandamus:
AN ORDER OF MANDAMUS is hereby made directing and compelling
the Delta State Governor and Delta State government to provide SERAP with the
following information:
[a] Details of budgetary allocations and actual spending by
Delta State Government between 2015 and 2019, including specific projects
carried out to improve access to free and quality primary education in Delta
State, the locations of such projects and the primary schools that have
benefited from the projects.
[b] Specific details of the steps Delta State Government is
taking to improve the overall welfare of children in primary schools across
Delta State.
[c] Details of Delta State Government’s fee-free programme,
if any, across primary schools in the Delta State and information on indirect
costs, including uniforms, exercise books, and transport costs to students and
their parents.
[d] Details of specific projects by Delta State Government
to improve access to education for children with disabilities.
AN ORDER OF MANDAMUS is hereby made directing and compelling
the Universal Basic Education Commission [UBEC] to provide SERAP with the
following information:
[a] Details of disbursement and administration of Universal
Basic Education Commission (UBEC) funds disbursed through the Delta State
Universal Basic Education Board to the Delta State Government.
[b] Details of reports, if any, made to UBEC by the Delta
State Government on specific projects carried out to ensure improvement of
access to free and quality primary education in Delta State between 2015 and
2019, the locations of such projects and the primary schools that have
benefited from the projects.
[c] Specific details of the steps the Universal Basic
Education Commission (UBEC) is taking to ensure improvement of the overall
welfare of children in primary schools across Delta State.
[d] Details of specific projects by the Universal Basic
Education Commission (UBEC) to ensure improvement of access to education for
children with disabilities in Delta State.
AN ORDER OF MANDAMUS is hereby made directing and compelling
the Delta State Universal Basic Education Board to provide SERAP with the
following information:
[a] Details of disbursement and administration of Universal
Basic Education Commission (UBEC) funds disbursed through the Delta State
Universal Basic Education Board to the Delta State Government and actual
spending of the State Government on primary school education monitored by the
Board between 2015 and 2019, including specific projects carried out to improve
access to free and quality primary education in Delta State, the locations of
such projects and the primary schools that have benefited from the projects.
[b] Specific details of the steps the Board is taking to
ensure improvement of the overall welfare of children in primary schools across
Delta State.
[c] Details of Delta State’s fee-free programme, if any,
across primary schools in the state and information on indirect costs,
including uniforms, exercise books, and transport costs to students and their
parents.
[d] Details of specific projects by the Board to ensure
improvement of access to education for children with disabilities.
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