- Directs her to Provide Names of 24.3 million Beneficiaries
By Abiola Olawale
The Federal High Court sitting in Lagos State has granted an order directing a former Minister of Humanitarian Affairs, Disasters Management and Social Development, Sadia Umar-Farouk, to give account of how the payments of N729 billion to 24.3 million poor Nigerians were implemented.
The court in its ruling also asked Umar-Farouk who served under the immediate-past administration of former President Muhammadu Buhari to immediately provide the full list and details of the beneficiaries who received the payments, the number of states covered and the payments per state.
The presiding judge, Justice Deinde Dipeolu gave this ruling on a suit number marked, FHC/L/CS/853/2021, and filed by the Socio-Economic Rights and Accountability Project (SERAP).
In the certified true copy of the judgment, Justice Dipeolu also directed the former minister to explain the rationale for paying N5,000 to 24.3 million poor Nigerians, which translates to five per cent of Nigeria’s budget of N13.6 trillion for 2021.
The judgment reads in part: “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 ordered the minister to “provide SERAP with details of how the beneficiaries have been selected and the mechanisms for the payments to the beneficiaries.”
Justice Dipeolu also ordered the minister to “explain the rationale for paying N5,000 to 24.3 million poor Nigerians, which translates to five per cent of Nigeria’s budget of N13.6 trillion for 2021.”
Justice Dipeolu also stated that “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. Consequently, the court entered judgment in favour of SERAP against the minister.
Justice Dipeolu’s judgment, dated 27 June 2024, read in part: “Where a statute 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 minister filed a preliminary objection to this suit dated the 4th of October 2022 and a counter-affidavit to SERAP’s motion on notice. I will first deal with the minister’s preliminary objection because it bothers on the jurisdiction of this Court to entertain this suit.”
“The grounds upon which the preliminary objection was filed are: whether this suit is not incompetent having not been commenced within 30 days after SERAP’s request for information was deemed to have been denied.”
“Having not complied with the provision of section 20 of the Freedom of Information, whether this Court can assume jurisdiction to entertain SERAP’s application.”
“As arguments on both issues, the minister’s counsel submitted that by the provision of section 4,7(4) and 20 of the Freedom of Information Act, subject to lawful exceptions within the Act, a public institution has 7 days to grant a request for information, failure of which would be deemed denial.”
“SERAP’s request was deemed denied on 6th July, which is the expiration of 7 days. Therefore, SERAP has 30 days under section 20 of the Act to apply to this Court.”
Reacting to the ruling, SERAP, in a letter dated July 6, 2024, sent to President Bola Tinubu on the judgment, urged him 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 with the ruling.
In the letter signed by SERAP Deputy Director, Kolawole Oluwadare, the organisation also asked the President to order the release of the spending details of the N729 billion as ordered by the court.
It reads in part: “We urge you to demonstrate your expressed commitment to the rule of law by immediately obeying and respecting the judgment of the court.
“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.”
