SERAP Sues Governors Over N72bn Subsidy Palliative

Socio-Economic Rights and Accountability Project (SERAP) has dragged all the state governors in Nigeria before the Federal High Court in Lagos over their alleged failure to account for the N72 billion palliative collected from the federal government.

SERAP urged the court for an order of mandamus directing and compelling each of the 36 governors to also disclose details of the beneficiaries and the reliefs provided to the poorest and most vulnerable Nigerians with the money.

The group also sought an order of mandamus to direct and compel each of the governors to instruct the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) to monitor the spending of fuel subsidy palliative collected by them.

The applicant disclosed the suit, which is yet to be assigned to a judge, is predicated on the recently disbursed N2 billion out of the N5 billion palliative packages to each state of the federation and the Federal Capital Territory (FCT) by the federal government, to address the impact of the removal of fuel subsidy.

It argued that the Freedom of Information Act, Section 39 of the Nigerian Constitution 1999, Article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights guarantee to everyone the right to information, including about how the N72 billion fuel subsidy relief funds are spent.

The applicant averred that by the combined reading of the provisions of the Constitution, the Freedom of Information Act, and the African Charter on Human and Peoples’ Rights, applicable throughout Nigeria, there are transparency obligations imposed on the states to account for the spending of the N72 billion fuel subsidy palliative.

SERAP maintained that the Constitution, Freedom of Information Act, and the country’s anti-corruption and human rights obligations rest on the principle that citizens should have access to information regarding their government’s activities.

The applicant also argued that states cannot hide under the excuse that the Freedom of Information Act is not applicable to them to refuse to provide the details being sought, as all the 36 states also have clear legal obligations to provide the information as prescribed by the provisions of the laws.

The group contended that government secrecy is fundamentally anti-democratic and that secrecy in the spending of the N72 billion collected by the 36 state governors would create distrust or suspicion of the government.

SERAP further submitted that the failure by the governors to account for the public funds is both legally and morally wrong.

The applicant stated, “The right of access to official information such as the spending of the N72 billion by the governors exists to facilitate the exercise of free expression right, discover the truth, and encourage citizens’ participation in a democracy.

“The right to access information held by public officials and bodies is also essential for collective decision-making in a democratic society. The right to know strengthens the enjoyment of other constitutionally guaranteed human rights and expands the whole system of freedom of expression,” it said.