Olugbenga Soyele

— Mar 2, 2016 1:44 am

A Federal High Court sitting in Lagos has ordered President Muhammadu Buhari to ensure that recovered funds, stolen from the federal government coffers since the return of democracy in 1999, are fully accounted for by his administration and those of former Presidents Olusegun Obasanjo, Umaru Musa Yar’Adua and Goodluck Jonathan.

Justice Mohammed Idris, who gave the order while ruling on a Freedom of Information (FoI) suit filed by the Socio-Economic Rights and Accountability Project (SERAP), held that the failure of successive governments to publicly disclose details of the recovered funds breached the fundamental principles of transparency and accountability – for failing to disclose details about the spending of recovered stolen public funds, including on a dedicated website.

Specifically, the court declared that the failure of the respondents to individually and/or collectively disclose detailed information about the spending of recovered stolen public funds since the return of civil rule in 1999, and to publish widely such information, including on a dedicated website, amounted to a breach of the fundamental principles of transparency and accountability and violates Articles 9, 21 and 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.

The judge also declared that by virtue of the provisions of Section 4 (a) of the FoI Act 2011, the first defendant/respondent is under a binding legal obligation to provide the plaintiff/applicant (SERAP) with up to date information on the spending of recovered stolen funds.

Justice Idris, therefore, ordered the defendants/respondents to provide the plaintiff/applicant with up to date information on recovered stolen funds since the return of civilian rule in 1999.

The information, which the court ordered the government to provide includes: detailed information on the total amount of recovered stolen public assets that had so far been recovered by Nigeria; the amount that had been spent from the recovered stolen public assets and the objects of such spending and details of projects on which recovered stolen public assets were spent

The court had earlier dismissed all the objections raised by the federal government – that the FoI Act cannot be applied retroactively – that is, that since the law was enacted in 2011, it should not apply to spending by governments since 1999.

The government counsel, Olugbenga Sheba, had in a Notice of Preliminary Objection dated March 26, 2015, argued that SERAP lacked the locus standi to institute the action; that the action was statute barred, and that SERAP’s affidavit evidence offends the provisions of the Evidence Act.

In response, SERAP argued that the FoI Act is a special species of legislation to liberalize and expand access to information for all Nigerians; that the FoI Act does not impose any requirement of locus standi on applicant and that the only relevant limitation period in the case is that which requires filing of suit within 30 days if information is not given.

The civil society organisation also submitted that the right which the FoI Act seeks to protect is the right of the public to have access to information which is in custody of a public official or institution; and that the information sought by SERAP is not caught by the law against retroactivity, noting that the right in question is expropriatory in nature which justifies the granting of access to the requested information on the grounds of overriding public interest.

SERAP also argued that “by virtue of Section 1 (1) of the FoI Act 2011, it is entitled, as of right, to request for or gain access to information which is in the custody or possession of any public official, agency or institution and that by the provisions of Section 2(7) and 31 of the FoI Act 2011, the Accountant General of the Federation is a public official.

It argued that by virtue of Section 4 (a) of the FoI Act, when a person makes a request for information from a public official, institution or agency, the public official, institution or agency to whom the application is directed is under a binding legal obligation to provide the applicant with the information requested for, except as otherwise provided by the Act, within seven days after the application is received.

“The information requested relates to the spending on recovered stolen funds since the return of civilian rule in 1999. By Sections 2(3)(d)(V) & (4) of the FoI Act, a public official is under a binding legal duty to ensure that documents containing information relating to the receipt or expenditure of recovered stolen funds are widely disseminated and made readily available to members of the public through various means.

“The information requested does not come within the purview of the types of information exempted from disclosure by the provisions of the FoI Act. The government has no reason whatsoever to deny SERAP access to the information sought. The requested information, apart from not being exempted from disclosure under the FOI Act, borders on an issue of national interest, public concern, social justice, good governance, transparency and accountability.”

SERAP further averred obedience to the rule of law by all citizens, especially those who publicly took oath of office to protect and preserve the constitution shows good governance and respect for the rule of law, adding that in a democratic society, this is meant to be a norm.

“It is an apostasy for government to ignore the provisions of the law and the necessary rules made to regulate matters,” SERAP maintained.

In his reaction to the judgment, SERAP’s deputy executive director, Olukayode Majekodunmi said: “This judgment confirms the persistent failure of successive governments, starting from the Obasanjo government, to respect Nigerians’ right to a corruption-free society and to uphold constitutional and international commitments on transparency and accountability.

“The judgment is an important step towards reversing a culture of secrecy and corruption that has meant that high-ranking government officials continue to look after themselves at the expense of the well-being of majority of Nigerians, and development of the country.

“This is a crucial precedent that vindicates the right to a transparent and accountable government, and affirms the human right of the Nigerian people to live a life free from want and fear. We are in the process of obtaining a certified copy of the around 60 pages judgment. SERAP will do everything within its power to secure the full and effective enforcement of this judgment,” he stated.

Seun,Lalasticlacla


http://leadership.ng/news/505690/obasanjo-yaradua-jonathan-must-account-recovered-loots-court