The Federal High Court sitting in Lagos has ordered the disclosure of the spending details of over N200bn public funds collected by the government of former Delta State governor Ifeanyi Okowa from the Universal Basic Education Commission [UBEC] fund and allocations from the Federation Accounts.
The court has ordered the Delta State Governor Sheriff Oborevwori to disclose the details of budgetary allocations and actual spending by the Okowa government between 2015 and 2019, including specific projects carried out to improve primary education in Delta State, and the locations of such projects.
The judgment was delivered by Honourable Justice Daniel Osiagor following a Freedom of Information suit number: FHC/L/CS/803/2019, brought by Socio-Economic Rights and Accountability Project (SERAP).
In his judgment, Justice Osiagor held that SERAP has the legal right to inquire and know how public institutions manage public funds, and that every citizen has a duty to demand transparency and accountability in governance of public institutions.
Justice Osiagor also stated that public officials are fast developing a state of anomie and cold feet when confronted with requests for the audit report of public duties and budgets. He ordered the Delta State government to disclose how the Okowa government spent over N7.28 billion received from UBEC between 2015 and 2017, and N213 billion received from the Federation Accounts Allocation Committee (FAAC) in 2018, at an average of N17.8 billion monthly.
This suit followed the case of seven-year-old Success Adegor, who was sent home because her parents could not pay the illegal school fee/levy of N900, and the poor quality of her Okotie-Eboh Primary School 1. Miss Success had, in a viral video in March 2019, said: “No be say I no go pay, dem go flog, flog, flog, dem go tire.”
Justice Osiagor ordered the government to disclose the details of the primary schools that have benefited from the projects carried out to improve access to free and quality primary education in Delta State, as well as information on indirect costs, including uniforms, exercise books, and transport costs to students and their parents.
Furthermore, Justice Osiagor ordered the government to disclose specific details of the steps Delta State Government is taking to improve the overall welfare of children in primary schools across Delta State, including details of the government’s fee-free programme, if any, across primary schools in Delta State.
Justice Osiagor dismissed all the objections raised by the Delta State government, Universal Basic Education Commission [UBEC], and the Delta State Universal Basic Education Board, and upheld SERAP’s arguments. Consequently, the court entered judgment in favor of SERAP against the three respondents.
Justice Osiagor’s judgment, dated 17 July 2023, read in part: “SERAP’s application cures so much disinformation in the public space. The request by SERAP falls within the categories of records accessible by the public.”
“However, public institutions are becoming increasingly hysterical upon any request served on them for information bordering on accountability.”
“The arguments of the Delta State government and the Delta State Universal Basic Education Board (SUBEB) that the Freedom of Information Act applies to only Federal Government officials cannot be sustained as public institutions are defined in Section 31 of the Interpretation section to include State institutions.”
“Besides, any State Freedom of Information Law that runs contrary to the Federal legislation to the extent of the inconsistency shall be void. See Section 4(5) of the Constitution of Nigeria, 1999 [as amended]. The National Assembly’s legislative powers are for the peace, order, and good government of Nigeria.”
“The Delta State government’s reliance on the Delta State Freedom of Information Law, 2019 is inappropriate in this case. The retrospective application of the Delta State piece of legislation is hollow as it cannot divest the vested rights of SERAP.”
“The Freedom of Information Act was the only piece of legislation applying to Delta prior to the filing of this suit by SERAP by the doctrine of covering the field. I am not unmindful of the concurrent powers of legislation between the Federal and State legislatures. There is therefore no feature depriving this court of jurisdiction.”
“Besides, the Delta State procedural step is inapplicable as it was not in existence when this cause of action arose. I therefore hold that SERAP has effectively triggered the application of the Freedom of Information Act by their letters of April 2019 placing demands for information from the Delta State government.”
“The Freedom of Information Act is a liberalized piece of legislation that does not place a burden on an Applicant but rather to the contrary places a burden on the public institution/official that the request is forwarded to. See Section 1[2] of the Act which provides: ‘an applicant under this Act needs not demonstrate any specific interest.”
“The piece of legislation therefore clothed SERAP with the firm ground to apply and demand the Delta State government to respond to the request within 7 days. For all I have been postulating herein, I find merit in the application by SERAP and grant all the reliefs as sought.”
SERAP has urged the Delta State government to immediately comply with the judgment and obey and respect the court’s decision. They have also urged the government to invite former State governor Ifeanyi Okowa and direct the Delta State Universal Basic Education Board to explain the spending of the education funds and to immediately compile and disclose the spending details of the funds as ordered by the court.
The court granted several orders of mandamus, directing the Delta State Governor, the Universal Basic Education Commission [UBEC], and the Delta State Universal Basic Education Board to provide SERAP and the public with detailed information regarding the disbursement and spending of public funds, specific projects carried out to improve access to primary education, welfare of children in primary schools, and access to education for children with disabilities.
The judgment of Honourable Justice Daniel Osiagor is seen as a significant step towards ensuring transparency and accountability in the management of public funds. It sets an important precedent and highlights the responsibility of public institutions to provide information and answer to citizens.
