A Federal High Court sitting in
Abuja on Monday granted leave to the Socio-Economic Rights and Accountability
Project (SERAP) to sue President Muhammadu Buhari, Senate president Ahmed
Lawan, and Speaker of the House of Representatives, Femi Gbajabiamila “over
failure to disclose details of allocations, disbursement and spending of an
estimated N241.2 billion yearly as security votes between 1999 and 2019.”
Justice Ahmed Ramat Mohammed, who
gave the ruling following the hearing of an argument on ex parte motion by
SERAP’s counsel, Opeyemi Owolabi, expressed satisfaction that the leave ought
to be granted and adjourned the motion on notice to December 10, 2019, for
hearing.
Justice Mohammed ruled that
hearing notices be issued and served on all the respondents within 8 days.
Others parties joined in the suit
are Mr Godwin Emefiele, Governor of the Central Bank of Nigeria (CBN), Mr Ahmed
Idris, Accountant-General of the Federation and Mr Anthony Ayine,
Auditor-General for the Federation.
A statement signed by SERAP
Deputy Director, Kolawole Oluwadare and forwarded to DAILY POST said the order
by Justice Mohammed has cleared the way for SERAP to advance its case against
the respondents and to challenge their refusal to account for the allocations,
disbursement and spending of security votes by the Federal Government, 36 state
governors and 774 local governments between 1999 and 2019.”
In the suit number
FHC/ABJ/CS/1369/2019, SERAP is applying for judicial review and an order of
mandamus directing and compelling the President Buhari, Mr Lawan, and Mr
Gbajabiamila to disclose details of spending of budgetary allocations as
security votes since 1999.
The suit followed SERAP’s Freedom
of Information requests and “the respondents’ failure to account for some
N241.2 billion of public funds allocated, disbursed and spent yearly as
security votes, and the corresponding lack of effective protection of the
rights to security and welfare, life and physical integrity of millions of
Nigerians.”
The suit read in part: “Nigerians
have the constitutional and international human right to know the details of
the exact amounts that have been spent as security votes and specific areas and
projects covered by the allocation, disbursement and spending. There is
overriding public interest in Nigerians having access to these details, and the
respondents have legal obligations to facilitate public access to such
information.”
“Constitutional provisions
requiring governments to ensure the security and welfare of the people are
intended to protect the security and safety of citizens and not the security of
a few individuals in government. Without transparency and accountability,
mismanagement and corruption in the allocation, disbursement and spending of
security votes will continue with devastating consequences.”
“Public officials receiving and
spending security votes ought to come clean with Nigerians on how exactly these
public funds are spent. Unless the reliefs sought are granted, Nigerians would
continue to see the appropriation of public funds as security votes as a tool
for self-enrichment.”
“The suit is seeking to offer
governments at all levels an important opportunity to be transparent and
accountable with the exercise of their discretionary powers in the allocation,
disbursement and spending of security votes. The public interest in the
disclosure of these details outweighs any private interest the respondents may
be seeking to protect.”
“As revealed by a 2018 report by
Transparency International (TI), most of the funds appropriated as security
votes are spent on political activities, mismanaged or simply stolen. It is
estimated that security votes add up to over N241.2 billion every year. On top
of appropriated security votes, governments also receive millions of dollars
yearly as international security assistance.”
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