A Federal High Court in Lagos has ordered Ms. Sadia Umar-Farouk, former Minister of Humanitarian Affairs, Disaster Management and Social Development, to account for the disbursement of N729 billion to 24.3 million poor Nigerians over six months.
The court also mandated the former minister to provide the list and details of the beneficiaries, the number of states covered, and the payments per state.
The judgment, delivered last month by Hon. Justice Deinde Isaac Dipeolu, followed a Freedom of Information suit (FHC/L/CS/853/2021) brought by the Socio-Economic Rights and Accountability Project (SERAP). SERAP obtained the certified true copy of the judgment last Friday.
Justice Dipeolu stated, “The former minister is compelled by the provisions of the Freedom of Information Act to give information to any person including SERAP. I therefore grant an order of mandamus directing and compelling the minister to provide the spending details of N729 billion to 24.3 million poor Nigerians in 2021.”
Justice Dipeolu further ordered the minister to provide SERAP with details on how the beneficiaries were selected and the mechanisms for the payments, and to explain the rationale for paying N5,000 to 24.3 million poor Nigerians, which amounts to five percent of Nigeria’s 2021 budget of N13.6 trillion.
The judge also noted, “The minister did not give any reason for the refusal to disclose the details sought by SERAP. SERAP has reeled out the relevant sections of the Freedom of Information Act 2011 that the minister contravened and has in line with sections 20 and 25(1) of the Act prayed this Court for an order of mandamus to direct and compel the minister to provide the information sought.”
Justice Dipeolu dismissed the objections raised by the minister’s counsel and upheld SERAP’s arguments, entering judgment in favor of SERAP.
Justice Dipeolu’s judgment, dated 27 June 2024, read in part: “Where a statute clearly provides for a particular act to be done or performed in a particular way, failure to perform the act as provided will not only be interpreted as a delinquent conduct but will be interpreted as not complying with the statutory provision.”
The court noted that SERAP commenced the suit via a motion ex parte dated July 13, 2021, and filed on July 15, 2021, “which is well within the time to file this action after the denial of the information requested from the minister.”
It held that “SERAP complied with section 20 of the Freedom of Information Act in filing this suit. Therefore, this suit is not statute barred and I dismiss the minister’s preliminary objection.”
SERAP deputy director Kolawole Oluwadare stated, “This groundbreaking judgment is a victory for transparency and accountability in the spending of public funds.”
Femi Falana, SAN, added, “SERAP deserves the commendation of all well-meaning people that have agonized over reports of systemic corruption in the Ministry of Humanitarian Affairs, Disasters Management and Social Development and in other MDAs. This is one of the most patriotic public interest litigation ever undertaken in Nigeria. We call on the Tinubu government to use the judgment as the basis for comprehensively addressing cases of corruption in the ministry and bringing to justice those suspected to be responsible as well as recovering proceeds of corruption.”
In a letter dated 6 July 2024, sent to President Bola Tinubu and signed by SERAP deputy director Kolawole Oluwadare, the organization urged the president to demonstrate his commitment to the rule of law by obeying and respecting the judgment of the court.
SERAP’s letter read in part: “We urge you to direct the Ministry of Humanitarian Affairs, Disasters Management and Social Development and the office of the Attorney General of the Federation to immediately compile and release the spending details of the N729 billion as ordered by the court. The immediate enforcement and implementation of the judgment by your government will be a victory for the rule of law, transparency, and accountability in the governance processes and management of public resources including the N729 billion.”
