The Federal High Court in Lagos has ordered a former Minister of Finance, Ngozi Okonjo-Iweala, and the Federal Government to “provide information on the spending of the alleged missing N30 trillion which represents some accruable income to the Federal Government during the last four years of the administration of former President Goodluck Jonathan.”
The judgment was delivered last week by Hon Justice Ibrahim Buba following a Freedom of Information suit number FHC/L/CS/196/2015 brought by the Socio-Economic Rights and Accountability Project (SERAP).
SERAP’s Deputy Director, Olukayode Majekodunmi, made details of the judgment available to NE via a press statement on Sunday.
SERAP’s suit followed the claim by the former Governor of Central Bank of Nigeria (CBN), Charles Soludo, that at least N30 trillion “has either been stolen or unaccounted for, or grossly mismanaged over the last few years under the Coordinating Minister of the Economy and Minister of Finance, Dr Ngozi Okonjo-Iweala’s watch.”
Justice Buba said in the judgment, “Mrs Okonjo-Iweala and the Federal Government have no legally justifiable reason for refusing to provide SERAP with the information requested for. The Court has gone through the application and agrees that SERAP’s application has merits and the argument is not opposed. SERAP’s application is granted as prayed.”
The Court agreed with the arguments by SERAP’s deputy director, Olukayode Majekodunmi, that Mrs Okonjo-Iweala and the Federal Government “should have either supplied the information requested by SERAP or communicate her denial within seven days of receipt of the letter from SERAP if she considers that the request should be denied.”
The judgment by Justice Buba reads in part: “Preliminary objection by Mrs Okonjo-Iweala and the Federal Government is misconceived, the court upholds the arguments by SERAP for the reasons stated herein.
“SERAP commenced this proceeding by way of Originating Summons dated 23 February 2015 and filed 25 February 2015. Mrs Okonjo-Iweala and the Federal Government filed a Memorandum of Conditional Appearance, a Notice of Preliminary Objection and written address, all undated but filed on 29 September 2015.
“The preliminary objection is on the following grounds: that SERAP did not obtain the mandatory leave of the Federal High Court to issue and serve the Originating Summons and other processes outside Lagos State; that there is no mandatory endorsement on the Originating Summons that it is to be served on Mrs Okonjo-Iweala and the Federal Government in Abuja and outside jurisdiction of this Court.
“The only issue for determination is whether Mrs Okonjo-Iweala and the Federal Government should be heard on their preliminary objection considering the totality of the circumstances of this case.
“He who wants equity must do equity. This suit was filed on 25 February 2015 and from the record of the court was served on Mrs Okonjo-Iweala and the Federal Government on 3rd July, 2015. It took about 3 months for them to come up with technical response to the simple request for information under the Freedom of Information Act 2011.
“Mrs Okonjo-Iweala and the Federal Government have therefore been caught by Order 29 of the Rules of this Court, which requires that an application shall be made within 21 days after service on the Defendants of the originating summons.
“If Mrs Okonjo-Iweala and the Federal Government want to raise issues about service, the law does not permit of demurer. The proper route for them should have been to join issues with the originating summons and also file their objections. In the present case by SERAP, the Notice of Preliminary Objection by Mrs Okonjo-Iweala and the Federal Government is incurably defective for not conforming to order 29 of the Rules of this Court.
“The process adopted by Mrs Okonjo-Iweala and the Federal Government in this suit is to come by way of demurer. This process has long been abolished by the Rules of this Court. By Order 16 Rule 1 of the Rules of this Court, no demurer shall be allowed and rule 2 provides that a party shall be entitled to pursue by his pleadings any point of law and any point of law so raised shall be disposed by the judge who tries the cause at or after trial.
“The implication of this clear provision of the rule of court is that Mrs Okonjo-Iweala and the Federal Government must join issues with SERAP on the originating summons no matter how flimsy, instead of looking for a technical way out. This technical way out has failed.
“The concept of demurer as presently raised by Mrs Okonjo-Iweala and the Federal Government is no longer known to law especially the Federal High Court of Nigeria. It is the position of the law that the application of Mrs Okonjo-Iweala and the Federal Government should fail. Mrs Okonjo-Iweala and the Federal Government, having failed to file Counter Affidavit to SERAP’s suit, are deemed to have forfeited that option of filing anything again.
“Having shown why the Application by Mrs Okonjo-Iweala and the Federal Government should be dismissed for failing to join issues with SERAP, the originating process must be moved on the merits.
“On the issue of failure to obtain pre-requisite consent/leave of Court to issue and serve the originating summons on Mrs Okonjo-Iweala and the Federal Government outside of jurisdiction, Order 6 Rule 31 states that ‘in this Order out of jurisdiction means out of the Federal Republic of Nigeria.
“It is also necessary to refer to sections 97 and 99 of the Sheriff and Civil Process Act. The provisions apply to the validity of the service and have nothing to do with the validity of the originating process. On the strength of this clear provision, which Mrs Okonjo-Iweala and the Federal Government did not deny and incapable of denying at this point, their objection is dismissed as the validity of the process is not affected in any way.
“The main issue in this Court’s view bothers on the legal binding obligation imposed on Mrs Okonjo-Iweala and the Federal Government by the provisions of the Freedom of Information Act access to a record of information requested for. In the case at hand, SERAP through its letter of 2 February 2015, Exhibit A, sought the information relating to the spending of the alleged missing N30 trillion, which represents some accruable income to the Federal Government during the last 4 years of the Administration of President Goodluck Jonathan. Exhibit A has been received by them, and Exhibit B is the acknowledgement of receipt of Exhibit A.
“However Mrs Okonjo-Iweala and the Federal Government have since the receipt of the request letter failed, refused and or neglected to provide SERAP with the information it requested for within their custody. They should have either supplied the information requested by SERAP or communicate their denial within 7 days of receipt of the application from SERAP if it considers that the application should be denied.”
SERAP had in February 2015 dragged Mrs Okonjo-Iweala to court over a “failure to provide information about spending of the alleged missing N30tn, which represents some accruable income to the Federal Government in the past four years.”
Commenting on the judgment, SERAP’s executive director, Adetokunbo Mumuni, said, “This judgment shows the important role that Nigerian courts can play in the efforts to promote transparency in government and combat corruption and the impunity of perpetrators. It also confirms that high-ranking government officials can no longer escape accountability for their action while in office. We urge Mrs Okonjo-Iweala to cooperate with the authorities in the efforts to ensure the full and effective enforcement of the judgment.”
Mr Soludo had in a widely circulated speech asked Mrs Okonjo-Iweala to explain “How many trillions of naira were paid for oil subsidy (unappropriated?) How many trillions (in actual fact) have been ‘lost’ through Customs duty waivers over the last four years? Can you tell Nigerians why the price of diesel has still not come down despite the crash in global crude oil prices, and how much is being appropriated by friends in the process?” Click to signup for FREE news updates, latest information and hottest gists everyday
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We do not have independent courts anymore in nigeria, what we have are apc courts and their orders are null and void from the day they were given. Let Buhari first account for the $2.8 during his tenure.
ReplyDeleteWaste of time
ReplyDeleteFantastically corrupt Judges, Fantastically corrupt courts, Fantastically corrupt states
ReplyDeleteFantastically corrupt police,
Fantastically corrupt people Fantastically corrupt government
Now I understand what Cameron was saying.
Will the Gulf war oil windfall be accounted for too?
Or the OBJ, Abdulsalam Trillion two? What about Harliburton Corruption and scam? Indeed Nigeria has become an Animal farm and I hope this selfish wicked incompetent insensitive and clueless APC led government will not throw Nigeria into crisis and confusion.Long live Nigeria.
Apc is a failed party and government.Apc has no visions for the economic development of Nigeria.All their actions are vindictive and directionless.
ReplyDeleteWe are tired of reading this type of story
ReplyDeleteSince in your opinions, APC is a failed party, will you all give Nigerians another alternative!?
ReplyDeleteSheer waste of time. A court doesn't make orders via press release. SERAP is looking the plot all in a bid to tarnish Dr Iweala's image. It has failed.
ReplyDeleteThese are mere lies and a baseless court summon by SERAP and the Lagos High Court in order to introduce chaos in Nigeria. This country has come a long way and her people have survived despite the state of the economy; why then is SERAP insistent on fueling trouble.
ReplyDeleteThe SERAP that was never satisfied with Madam Okonjo-Iweala's delivery while she was the coordinating minister of the economy and as such, any available avenue to tarnish such image is welcome with open arms. In the first place, what gave them the impression that Madam Okonjo-Iweala could give answers to an imaginary $3 trillion from the national purse.
ReplyDeleteSERAP’s motivation is not only about public interest, but their real goal is to use every means to implicate Okonjo-Iweala and perhaps, gain some popularity for themselves in the process. One group that appears to have mastered this art is so-called Socio-economic Rights and Accountability Project (SERAP).
ReplyDeleteThis is absolutely laughable. SERAP are jokers. They should not be taken seriously. It's obvious they alongside their pay masters are obsessed with Dr Iweala and would do everything possible to bring her good reputation down. But just like they failed before, they have failed again.
ReplyDeleteHow possible is it for one woman to have stolen 30 trillion from Nigeria's treasury?
ReplyDeleteWas SERAP sleeping all this while?
Please, enough of all these aimless accusations.
SERAP keeps moving with the aim of confuising Nigeria. What does justice buba mean? They should also listen to Okonjo Iweala. Whatever you guys are saying doesn’t make sense. And the fact is that these propaganda’s against Okonjo Iweala will not prevail. You should know that as a professional the finance minister is bound to carry out her duties as a finance minister. This one too will not prevail. The innocent will be vindicated.
ReplyDeleteThe truth of the matter is that Dr Okonjo-Iweala cannot be accused of any wrongdoing when she held sway as coordinating minister of the economy. I wonder what people think, when they accuse Dr Okonjo-Iweala of corrupt practices. It really shows they are out of their mind. Plans by some idiots to run down the good image of Dr Okonjo-Iweala has already failed. Kudos to madam ojare.
ReplyDeleteWhat meaningful impact has a group like SERAP made to call for the prosecution of the ever hard working Dr Okonjo-Iweala? Nigerians should ask questions. I'm sure that Justice has been bride or this story is false.
ReplyDeleteThis is serious madness, allegations upon allegations without any proven fact. Since the suit was filed after Okonjo was handed over, then it means she no longer has the document with her. But moreover SERAP is just trying create propaganda.
ReplyDeleteSERAP is of no good to the Nigerian soil. SERAP or what do they call themselves, they are nothing but INSTRUMENTS OF OPPRESSION and AGENTS of corruption fostering inhumanity on their subject of oppression. Femi Falana the gimmick player, you are a CORRUPT LAWYER, an ERAND BOY TO STINKING POLITICIANS! You should be ashamed of yourself Falana for having a hand in immature things like these.
ReplyDeleteFew questions for SERAP; 1. Where has SERAP gotten the N30 Trillion allegation from? 2. How did the money get missing under the watch of Okonjo that other serving Officials did not know, were they dead or what? 3. Is it possible for just a single person to steal the sum of money that is 6 TIMES the annual budget of NIGERIA??? 4. From which Account was it stolen? SERAP MUST BE HALF-BRAINED comedians. This is nothing but harassment on Okonjo Iweala.
ReplyDelete