Socio-Economic Rights and
Accountability Project (SERAP) has won the latest round in the legal battle to
compel the Senate President Bukola Saraki and Speaker of the House of
Representatives Dogara Yakubu to account for the spending of N500 billion as
running cost for the legislative body between 2006 and 2016, and disclose
monthly allowances of each member.
Justice Rilwan Aikawa of the
Federal High Court in Ikoyi, Lagos on Friday ruled, “I have looked at the
papers filed by SERAP and I am satisfied that leave ought to be granted in this
case for judicial review and an order of mandamus directing and compelling
Saraki and Dogara to account for the spending of the running cost and disclose
the monthly income and allowances of each Senator and member.”
Justice Aikawa granted the order
for leave following the hearing of an argument in court on exparte motion by
SERAP counsel Ms Bamisope Ibidolapo.
The suit numbers FHC/L/CS/1711/16
and FHC/L/CS/1710/16 filed last December followed disclosure by Abdulmumin
Jibrin that Nigerian Senators and House of Representatives members have
pocketed N500 billion as ‘running cost’ out of the N1 trillion 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 N15m monthly while
each member receives nothing less than N10m monthly.
The order by Justice Aikawa has
now cleared the way for SERAP to advance its case against the Senate President
and the Speaker of the House of Representatives.
The motion on notice is set for
Tuesday 12 December, 2017 for the hearing of argument on why Saraki and Dogara
should not be compelled to publish details of the spending on the running of
the National Assembly and the exact monthly income and allowances of each
Senator and member.
The suits read in part:
“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 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.
“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 7 days after the
application is received.
“The information requested for by
SERAP relates to information about spending of N500 billion 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.
“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.”
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They should release It because I want to see it and know it
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