The Federal High Court in Lagos has ordered a former Minister of Finance, Ngozi Okonjo-Iweala, and the Federal Government to “provide information on the spending of the alleged missing N30 trillion which represents some accruable income to the Federal Government during the last four years of the administration of former President Goodluck Jonathan.”
The judgment was delivered last week by Hon Justice Ibrahim Buba following a Freedom of Information suit number FHC/L/CS/196/2015 brought by the Socio-Economic Rights and Accountability Project (SERAP).
SERAP’s Deputy Director, Olukayode Majekodunmi, made details of the judgment available to PREMIUM TIMES via a press statement on Sunday.
SERAP’s suit followed the claim by the former Governor of Central Bank of Nigeria (CBN), Charles Soludo, that at least N30 trillion “has either been stolen or unaccounted for, or grossly mismanaged over the last few years under the Coordinating Minister of the Economy and Minister of Finance, Dr Ngozi Okonjo-Iweala’s watch.”
Justice Buba said in the judgment, “Mrs Okonjo-Iweala and the Federal Government have no legally justifiable reason for refusing to provide SERAP with the information requested for. The Court has gone through the application and agrees that SERAP’s application has merits and the argument is not opposed. SERAP’s application is granted as prayed.”
The Court agreed with the arguments by SERAP’s deputy director, Olukayode Majekodunmi, that Mrs Okonjo-Iweala and the Federal Government “should have either supplied the information requested by SERAP or communicate her denial within seven days of receipt of the letter from SERAP if she considers that the request should be denied.”
The judgment by Justice Buba reads in part: “Preliminary objection by Mrs Okonjo-Iweala and the Federal Government is misconceived, the court upholds the arguments by SERAP for the reasons stated herein.
“SERAP commenced this proceeding by way of Originating Summons dated 23 February 2015 and filed 25 February 2015. Mrs Okonjo-Iweala and the Federal Government filed a Memorandum of Conditional Appearance, a Notice of Preliminary Objection and written address, all undated but filed on 29 September 2015.
“The preliminary objection is on the following grounds: that SERAP did not obtain the mandatory leave of the Federal High Court to issue and serve the Originating Summons and other processes outside Lagos State; that there is no mandatory endorsement on the Originating Summons that it is to be served on Mrs Okonjo-Iweala and the Federal Government in Abuja and outside jurisdiction of this Court.
“The only issue for determination is whether Mrs Okonjo-Iweala and the Federal Government should be heard on their preliminary objection considering the totality of the circumstances of this case.
“He who wants equity must do equity. This suit was filed on 25 February 2015 and from the record of the court was served on Mrs Okonjo-Iweala and the Federal Government on 3rd July, 2015. It took about 3 months for them to come up with technical response to the simple request for information under the Freedom of Information Act 2011.
“Mrs Okonjo-Iweala and the Federal Government have therefore been caught by Order 29 of the Rules of this Court, which requires that an application shall be made within 21 days after service on the Defendants of the originating summons.
“If Mrs Okonjo-Iweala and the Federal Government want to raise issues about service, the law does not permit of demurer. The proper route for them should have been to join issues with the originating summons and also file their objections. In the present case by SERAP, the Notice of Preliminary Objection by Mrs Okonjo-Iweala and the Federal Government is incurably defective for not conforming to order 29 of the Rules of this Court.
“The process adopted by Mrs Okonjo-Iweala and the Federal Government in this suit is to come by way of demurer. This process has long been abolished by the Rules of this Court. By Order 16 Rule 1 of the Rules of this Court, no demurer shall be allowed and rule 2 provides that a party shall be entitled to pursue by his pleadings any point of law and any point of law so raised shall be disposed by the judge who tries the cause at or after trial.
“The implication of this clear provision of the rule of court is that Mrs Okonjo-Iweala and the Federal Government must join issues with SERAP on the originating summons no matter how flimsy, instead of looking for a technical way out. This technical way out has failed.
“The concept of demurer as presently raised by Mrs Okonjo-Iweala and the Federal Government is no longer known to law especially the Federal High Court of Nigeria. It is the position of the law that the application of Mrs Okonjo-Iweala and the Federal Government should fail. Mrs Okonjo-Iweala and the Federal Government, having failed to file Counter Affidavit to SERAP’s suit, are deemed to have forfeited that option of filing anything again.
“Having shown why the Application by Mrs Okonjo-Iweala and the Federal Government should be dismissed for failing to join issues with SERAP, the originating process must be moved on the merits.
“On the issue of failure to obtain pre-requisite consent/leave of Court to issue and serve the originating summons on Mrs Okonjo-Iweala and the Federal Government outside of jurisdiction, Order 6 Rule 31 states that ‘in this Order out of jurisdiction means out of the Federal Republic of Nigeria.
“It is also necessary to refer to sections 97 and 99 of the Sheriff and Civil Process Act. The provisions apply to the validity of the service and have nothing to do with the validity of the originating process. On the strength of this clear provision, which Mrs Okonjo-Iweala and the Federal Government did not deny and incapable of denying at this point, their objection is dismissed as the validity of the process is not affected in any way.
“The main issue in this Court’s view bothers on the legal binding obligation imposed on Mrs Okonjo-Iweala and the Federal Government by the provisions of the Freedom of Information Act access to a record of information requested for. In the case at hand, SERAP through its letter of 2 February 2015, Exhibit A, sought the information relating to the spending of the alleged missing N30 trillion, which represents some accruable income to the Federal Government during the last 4 years of the Administration of President Goodluck Jonathan. Exhibit A has been received by them, and Exhibit B is the acknowledgement of receipt of Exhibit A.
“However Mrs Okonjo-Iweala and the Federal Government have since the receipt of the request letter failed, refused and or neglected to provide SERAP with the information it requested for within their custody. They should have either supplied the information requested by SERAP or communicate their denial within 7 days of receipt of the application from SERAP if it considers that the application should be denied.”
SERAP had in February 2015 dragged Mrs Okonjo-Iweala to court over a “failure to provide information about spending of the alleged missing N30tn, which represents some accruable income to the Federal Government in the past four years.”
Commenting on the judgment, SERAP’s executive director, Adetokunbo Mumuni, said, “This judgment shows the important role that Nigerian courts can play in the efforts to promote transparency in government and combat corruption and the impunity of perpetrators. It also confirms that high-ranking government officials can no longer escape accountability for their action while in office. We urge Mrs Okonjo-Iweala to cooperate with the authorities in the efforts to ensure the full and effective enforcement of the judgment.”
Mr Soludo had in a widely circulated speech asked Mrs Okonjo-Iweala to explain “How many trillions of naira were paid for oil subsidy (unappropriated?) How many trillions (in actual fact) have been ‘lost’ through Customs duty waivers over the last four years? Can you tell Nigerians why the price of diesel has still not come down despite the crash in global crude oil prices, and how much is being appropriated by friends in the process?”

source : http://www.premiumtimesng.com/news/headlines/203877-court-orders-fg-okonjo-iweala-account-nigerias-missing-n30tn.html

Sometimes,it just seems unbelievable to see these huge figures been thrown around.."Thirty Trillion" i think we just started our suffering..

This is a core reason we're in the mess we are.

Which N30 trillion? The one used by Soludo and his attention seeking comrades as campaigns gimmick to package Buhari to power thinking he would offer them cabinet portfolios? This judge needs to be given additional works to do.

Balderdash!!!

Who takes our courts seriously? At least, the yansh head of the FG doesn't...

Them Tompolo followed suit, NLC joined, PDP joined and I expect even convicted criminals to rubbish all judgements!

Very Sweet Fallout

I expect the judgment is against the office of the minister and in that case, the current occupant must comply with the judgment of the court and produce the information sought. The records of expenditure for the time in question are within the possession of the Minister.

We'll see whether this government, notorious for its refusal to obey court judgements will comply or ignore it.

But the figures shaaaaa!!!
Could the ministry of finance have overseen, handled or disbursed such a sum within a five year time span?

**laughs** another red herring from the staple of this useless, direction less, inept government of Buhari undecided as if Madam NOI dey run

Liars. These people think everyone has a non-functional brain. At least, If you want to lie, lie with sense. Do they know what 30 trillion Naira is?

I pity gullible zombies

www.nairaland.com/attachments/3744623_b38d890c00eec62e7b00db6e0b9a23e6_jpeg2fffca39bc2d2d39daae58ecdf8bf400

hucienda:
What was the sum of the country's budget figures from 2011 to 2015?

Do these guys think we're fools ffs?!

N30 TRILLION?!! They should learn to accuse and spill propaganda with sense.

That's the same thing I said in the other thread. See lie, That amount is our budget for six years.

Another scandal..........50%

DropShot:
This is a core reason we're in the mess we are.

The core reason you're in a mess is simply because of Buhari's incompetence, nothing more. Get some sense.

hucienda:
What was the sum of the country's budget figures from 2011 to 2015?

Do these guys think we're fools ffs?!

N30 TRILLION?!! They should learn to accuse and spill propaganda with sense.

govt doesn't budget for everything income, they only estimate expenditures. There are always unspent funds.

May 29 is not that far so expect this kind of propaganda and excuses from FG

Amazing decision..no demurrer, missing N30trillion, 2015 case, Soludo's comments, SERAP request based on FOI

Its coming fast....

We need to abide by this decision latest by Monday 8:00am. AGF should write Okonjo-Iweala and Jonathan/Sambo of this judgement.

Nigeria is changing fast Nigeria on the rise again

Ministry of Finance oya ohhhhhhhhhhhhhh e don happen

Day don break for front page ohhhhhhhhhhhhhhhhhhh

Milidemocrazy

Witch hunting won't take us anywhere,

There is hungry and fermine in Nigeria boooohari do something oooo

Dis govt is jst fantastically evil filled wit lies n probaganda yeye govt

Why limit it to last 4 years?

Should have gone back 16years since return of civilian rule in 1999.

Obasanjo stole probably misappropriated over N100trn

Who believe this 30 trillion news need to be flogged.

What kind of lie is this?

chineke! we've not recovered from dasuki now this iPod woman? 30trn not billion

I'm speechless

buharisbae:
chineke! we've not recovered from dasuki now this iPod woman? 30trn not billion

I'm speechless

shut up zombie

onyenze123:


shut up zombie

ONYENZE by the name u shall know them men wailer get well soon! the problem to ur frustrated life could be from ur village who knows? ewu!

REMMEI:
Sometimes,it just seems unbelievable to see these huge figures been thrown around.."Thirty Trillion" i think we just started our suffering..

that 30tri can solve the whole of Nigeria's problem like power=1tri, roads=1tri, housing=1tri, transportation=1tri, agriculture=1tri, solid min=1tri, diversification of the economy=3tri, unemployment=2tri, education 1tri, health 1tri, police, army, navy, airforce 5tri, total=17trillion am talking of capital wise, with this all our problems would have been solved.

How much does Nigeria makes from crude oil that will make it very possible for 30trillion to be stolen.

EasternLeopard:
How much does Nigeria makes from crude oil that will make it very possible for 30trillion to be stolen.

Remember that oil sold for about $100 per barrel for the greater part of the last administration's tenure. Multiply that by the 2 million barrels per day output, (one may have some headache in the process) and you'd be conjuring some huge sums.

You've gat to be kidding me, 30 what?

buharisbae:


ONYENZE by the name u shall know them men wailer get well soon! the problem to ur frustrated life could be from ur village who knows? ewu!

Anuofia