The
leaders of the National Assembly might be in serious trouble after they
were sued by the Socio-Economic Rights and Accountability Project.
Senate President, Dr Bukola Saraki and Speaker of the House of Representatives, Mr Yakubu Dogara
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”, Channels TV reports.
According to the report, the suits were 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.
In the suits, 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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