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Court Orders Buhari’s Minister to Account for N729 Billion |
In a landmark judgment, the 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 a detailed list of beneficiaries, including the number of states covered and the payments made per state.
This judgment was delivered last month by Hon. Justice Deinde Isaac Dipeolu following a Freedom of Information suit (FHC/L/CS/853/2021) brought by the Socio-Economic Rights and Accountability Project (SERAP). The certified true copy of the judgment was obtained last Friday.
Justice Dipeolu stated, “The former minister is compelled by the provisions of the Freedom of Information Act to provide 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.”
The court ordered the minister to provide SERAP with details on how the beneficiaries were selected and the mechanisms used for the payments. Additionally, the minister must explain the rationale for paying N5,000 to 24.3 million poor Nigerians, which amounts to five percent of Nigeria’s budget of N13.6 trillion for 2021.
Justice Dipeolu noted that the minister did not provide any reason for refusing to disclose the details sought by SERAP. Consequently, the court upheld SERAP’s arguments and dismissed the objections raised by the minister’s counsel.
Justice Dipeolu’s judgment, dated June 27, 2024, emphasized that failure to perform a statutory act as required will be interpreted as non-compliance with the statutory provision.
The minister had filed a preliminary objection to the suit, arguing that it was not commenced within the required 30 days after SERAP’s request for information was deemed denied. However, the court found that SERAP had complied with the relevant provisions of the Freedom of Information Act and dismissed the minister’s preliminary objection.
SERAP deputy director Kolawole Oluwadare hailed the judgment as a victory for transparency and accountability in public spending. He urged President Bola Tinubu to immediately comply with the court orders.
Femi Falana, SAN, commended SERAP for its efforts in addressing systemic corruption in the Ministry of Humanitarian Affairs and other government agencies. He called on the Tinubu government to use the judgment as a basis for addressing corruption and recovering proceeds of corruption.
In the letter dated July 6, 2024, sent to President Bola Tinubu regarding the judgment and signed by SERAP deputy director Kolawole Oluwadare, the organization stated, “We urge you to demonstrate your expressed commitment to the rule of law by immediately obeying and respecting the judgment of the Court.”
SERAP’s letter further read: “We urge you to direct the Ministry of Humanitarian Affairs, Disaster Management, and Social Development, along with 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.”
“By complying with the judgment, your government will demonstrate to Nigerians that it is different from the previous administration, which persistently defied the judiciary. This will send a powerful message that there will be no impunity for grand corruption.”
“Implementing the judgment will restore trust and confidence in the independence of Nigeria’s judiciary. SERAP urges you to make a clean break with the past and take clear and decisive steps that demonstrate your commitment to the rule of law, transparency, and accountability in governance.”
“SERAP trusts that you will see compliance with this judgment as a central aspect of the rule of law; an essential step towards establishing a framework for legality and constitutionality. We look forward to your positive response and action on the judgment.”
