Socio-Economic Rights and Accountability Project (SERAP) has taken all the state governors and the minister of the Federal Capital Territory (FCT), Abuja, before the Federal High Court, Abuja, for allegedly failing to account for the “missing” N40 trillion local government allocations.
SERAP asked the court to direct and compel the governors to publish details of LGA allocations and actual disbursement of the allocations to local governments in their respective states from 1999 to date.
The civil society organisation (CSO) has also prayed the court to compel the FCT minister, Nyesom Wike, to publish the details of federal allocations meant for the Area Councils in the FCT and the actual disbursement of the allocations to the Area Councils in the FCT from 1999 to date.
In suit number FHC/ABJ/CS/231/2024, SERAP is arguing that the Nigerian Constitution 1999 (as amended), the Freedom of Information Act, and the African Charter on Human and Peoples’ Rights impose transparency obligations on the defendants to publish the details of LGA allocations and actual disbursement in their states and the FCT.
The applicant further claims in an affidavit attached to the suit that the defendants cannot hide because the Freedom of Information Act does not apply to their states and the FCT.
It also maintained that the legal obligations to publish the information sought are also imposed by the provisions of the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.
SERAP also insisted that it is in the public interest and the interest of justice to grant the application because Nigerians are entitled to their constitutionally and internationally recognised human right to information.
The applicant stated that transparency in the actual disbursement and spending of federal allocations meant for local governments is fundamental to increasing accountability, preventing corruption, building trust in democratic institutions, and strengthening the rule of law.
The organisation also argued that states and the FCT should be guided by transparency and accountability principles and proactively publish information about their actual disbursement and spending of federal allocations meant for local governments.
SERAP submitted that opacity in the amounts of federal allocations disbursed to local governments in the states and FCT has continued to impact the citizens’ fundamental interests negatively.
The applicant stated, “The constitutional principle of democracy provides a foundation for Nigerians’ right to know details of spending of public funds. Citizens’ right to know promotes openness, transparency, and accountability, which is, in turn, crucial for the country’s democratic order.
“The Nigerian Constitution, Freedom of Information Act (FoI), and the country’s international obligations rest on the principle that citizens should have access to information regarding their government’s activities.
“Implicit in the freedom of expression is the public’s right to know what governments are doing on their behalf, without which truth would languish and people’s participation in government would remain fragmented.
“Transparency would ensure that the allocations are not diverted into private pockets and increase public trust that the money would be used to benefit Nigerians resident in these local government areas.
“Many years of allegations of corruption and mismanagement of federal allocations meant for local governments have contributed to widespread poverty, underdevelopment and lack of access to public goods and services in several states.
“Granting the reliefs sought would ensure transparency and accountability in the actual disbursement and spending of federal allocations in the states, and FCT would also improve the enjoyment by Nigerians of their right to natural wealth and resources.
“The governors and Mr Wike have a legal responsibility to promote transparency and accountability in the actual disbursement and spending of federal allocations meant for local government areas in the states and FCT and to ensure that the allocations are duly and fully disbursed to the local governments.
“Despite the country’s enormous oil wealth, ordinary Nigerians have derived minimal benefit from oil money primarily because of widespread grand corruption and the culture of impunity of perpetrators.
“Combating the corruption epidemic in the spending of federal allocations meant for local government areas in the states and FCT would alleviate poverty, improve access of Nigerians to essential public goods, and enhance the ability of the local governments to effectively and efficiently discharge their constitutional and statutory responsibilities.
“According to our information, the 36 states in Nigeria and the federal capital territory, Abuja, have collected over N40 trillion in federal allocations meant for the 774 local government areas in the country and FCT.
“The Federation Account Allocation Committee (FAAC) disbursed to states N225.21 billion federal allocations meant for local governments in November 2023 alone. States also collected N258,810,449,711.47 federal allocations intended for local government areas in December 2023.
“However, there is opacity in the actual disbursement of federal allocations to the local government areas in the states and FCT. States and the FCT have over the years failed and refused to disclose the portion of federal allocations that are disbursed to local governments,” SERAP stated.
