The Socio-Economic
Rights and Accountability Project (SERAP) has sued the Senate President, Dr
Bukola Saraki and Speaker of the House of Representatives, Mr Yakubu
Dogara,
“over failure to give account of the spending of 500 billion Naira as running
cost between 2006 and 2016 and the monthly income and allowances of each
Senator and member”.
The suits filed last
Friday at the Federal High Court Ikoyi followed two Freedom of Information
requests dated November 25, 2016 sent to both Dr Saraki and Mr Dogara.
The group in that
request asked the leaders of the National Assembly to “urgently provide
information about alleged spending of 500 billion Naira as running cost between
2006 and 2016, and the monthly income and allowances of each Senator and member
of the House of Representatives”.
The originating
summons, with suit numbers FHC/L/CS/1711/16 and FHC/L/CS/1710/16 respectively,
were brought pursuant to section 4(a) of the Freedom of Information Act, and
signed by SERAP executive director Adetokunbo Mumuni.
SERAP’s suits
against Dr Saraki and Mr Dogara followed disclosure by Abdulmumin Jibrin that
Nigerian Senators and House of Representatives members had pocketed N500
billion as ‘running cost’ out of the one trillion Naira provided for in the
National Assembly budgets between 2006 and 2016 and by former President
Olusegun Obasanjo that each Senator goes home with nothing less than 15 million
Naira monthly while each member receives nothing less than 10 million Naira
monthly.
SERAP is asking the
court to determine the question “Whether by virtue of the provision of section
4(a) of the Freedom of Information Act 2011, the Defendants are under an
obligation to provide the Plaintiff with the information requested for”.
The suits read: “By
virtue of Section 1(1) of the FOI Act 2011, SERAP is entitled as of right to
request for or gain access to information which is in the custody or possession
of any public official, agency or institution. Under the FOI, when a person
makes a request for information from a public official, institution or agency,
the public official, institution or agency to whom the application is under a
binding legal obligation to provide the Plaintiff/Applicant with the
information requested for, except as otherwise provided by the Act, within
seven days after the application is received.
“The information
requested for by SERAP relates to information about spending of 500 billion
Naira as running cost between 2006 and 2016, and the monthly income and
allowances of each Senator and member. The information requested by SERAP does
not come within the purview of the types of information exempted from
disclosure by the provisions of the FOI Act. The information requested for,
apart from not being exempted from disclosure under the FOI Act, bothers on an
issue of National interest, public concern, social justice, good governance,
transparency and accountability.
“The Defendants will
not suffer any injury or prejudice if the information is released to the
members of the public. It is in the interest of justice that the information be
released. Unless the reliefs sought herein are granted, the Defendants will
continue to be in breach of the Freedom of Information Act, and other statutory
responsibilities.
“Up till the time of
filing this action the Defendants/Respondents have failed, neglected and/or
refused to make available the information requested by SERAP. The particulars
of facts of the failure, negligence and refusal are contained in the verifying
affidavit in support of the application and shall be relied upon at the hearing
of this application. The Defendants/Respondents have no reason whatsoever to
deny SERAP access to the information sought for.
“It is submitted
that Section 4(a) of the FOI Act 2011 is a mandatory and absolute provision
which imposes a binding legal duty or obligation on a public official, agency
or institution to comply with a request for access to public information or
records except where the FOI Act expressly permits an exemption or derogation
from the duty to disclose. Nigerian courts have consistently held that the use
of mandatory words such as “must” and “shall” in a statute is naturally prima
facie imperative and admits of no discretion.
“Obedience to the
rule of law by all citizens but more particularly those who publicly took oath
of office to protect and preserve the constitution is a desideratum to good
governance and respect for the rule of law. In a democratic society, this is
meant to be a norm. It is an apostasy for government to ignore the provisions
of the law and the necessary rules made to regulate matters”.
The suits are
seeking a declaration that the failure and/or refusal of the Respondents to
disclose the spending of 500 billion Naira as running cost between 2006 and
2016, and the monthly income and allowances of each Senator and member amounts
to a breach of the fundamental principles of transparency and accountability
and violates Articles 9, 21 and 22 of the African Charter on Human and Peoples’
Rights (Ratification and Enforcement) Act.
They are also
seeking a declaration that by virtue of the provisions of Section 1 (1) and
Section 4 (a) of the Freedom of Information Act 2011, the
Defendants/Respondents are under a binding legal obligation to provide the
Plaintiff/Applicant with up to date information on the spending allowances of
each Senator and member including: Details of projects on which the N500
billion running cost between 2006 and 2016 were spent.
SERAP wants an order
of mandamus directing and or compelling the Defendants/Respondents to provide
the Plaintiff/Applicant with up to date information on the spending of 500
billion Naira as running cost between 2006 and 2016, and the monthly income and
allowances of each Senator and member including: Details of projects on which
the 500 billion Naira running cost between 2006 and 2016 were spent.
No date has been
fixed for the hearing of the suits.
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