Despite a Court of Appeal decision in April stating that the Freedom of Information Act is applicable to all states in Nigeria, the Lagos State government has refused to disclose its education budget.

An appellate court in Akure in March had ruled that Nigerian states had no powers to reject requests filed under the FOI Act, especially on information around public expenditure.

Last May, to civic organisation, BudgIT, filed an FOI request to the Lagos State government asking for a breakdown of the state’s education budget between 2015 and 2018.

The state government, through its ministry of justice, refused to accede to the request.

“After a careful review of the FOI Act and the recent judgment of the Court of Appeal (Edo State Division) in EDOCASA V OSAKUE & 8 ORS delivered on 28th March, 2018, it is the advise of this Office that the FOI Act is not applicable to State Governments except the FOI Act is domesticated by the State Government (being at the discretion of the State to enact a similar law),” read the government’s response signed by Hameed Oyenuga, Director of Advisory Services and Judicial Liaison.

“In view of the above, we further advise that any request in line with the FOI Act should not be acceded to as Lagos State has not domesticated the law and as such not applicable to the Lagos State government.”

One law, multiple rulings

The Freedom of Information Act was signed into law in 2011 by former President Goodluck Jonathan to make public records more easily accessible to the people.

But various state governments had continued to argue that the law requires to be similarly passed by their houses of assemblies.

Last November, an Ikeja Division of the Lagos State High Court ruled that ruled that the FOI is applicable to the Lagos State government and does not require “domestication” by the state to have an effect.

The Lagos State government promptly lodged an appeal at the Court of Appeal seeking to set aside the ruling.

In March this year, another appellate court in Benin gave a different ruling from that given by the one in Akure, holding that the FOI is not binding on state governments as they are not “a stooge to the federal government.”

Atiku Samuel, the head of research at BudgIT, said the Lagos State government’s decision to pick court judgments to obey shows its insincerity.

“We suspect that something is actually wrong,” Mr Samuel told PREMIUM TIMES.

“What we did was to ask some critical questions especially around education and then the result was so disheartening, the state government again decided that information should not be for the general public.

“We feel that that’s condemnable giving the fact that the government of Lagos State are just the custodians of the income of the people that had been passed over to them.”

It wasn’t the first time Mr Samuel organisation had run into a brick wall while seeking information from the Lagos State government.

Last January, a similar request for the government’s financial statement relating to its revenue over the past five years did not get a response.

“It shows clearly that there is something the state government is hiding from the people, and that explains why the educational system – the educational institutions in Lagos are the way they are,” Mr Atiku said.

“Virtually all secondary schools in the state are in a very bad state despite the huge revenue the state had been collecting over the years. The budget would have been the pointer to where the problem lies.”

The Lagos State government is renowned for ignoring FOI request on its activities from journalists and civil society organisations.

Adetokunbo Mumuni, executive director of Social Economic Rights and Accountability Project, SERAP, told PREMIUM TIMES that the Supreme Court would be the final arbiter on the FOI issue.

“It only shows a lack of transparency on the part of the government and that they cannot be talking about transparency and accountability when some of their dealings are shady and not open, it’s as simple as that,” said Mr Mumuni, whose organisation is challenging in court the state government’s refusal to account for spendings on public schools in the state following a $90 million World Bank loan.

“If they try to pick one judgment and rely on it, whereas another judgment said it is possible, then until we have a final pronouncement from the Supreme Court that’s when we can say we are at the end of it.”

Source: https://www.premiumtimesng.com/news/top-news/280552-foi-despite-court-of-appeal-ruling-lagos-refuses-to-open-its-books.html

If the appellate courts cant agree the supreme court needs to step in to give final ruling. Alot of fraud will be uncovered if the supreme court agrees that FOI applies to all tiers of government. If they dont people have to get law passed in their state if they care about transparency.

Front page: Lalasticlala

Seems a cesspool is waiting to be uncovered

Lawlessness as usual. Some zombie here will probably say that the Lagos State Government doesn't have to be accountable or open its books to scrutiny because Lagosians can see schools, teachers are paid salaries and education has not been abandoned. After all according to him, Lagosians are not 'stewpid or ignorant'.

deomelo:

Sadly for you, they don't have to account for anything when it comes to this project because Lagosians are not blind, they see this project and serious work going on everyday, they see workers and engineers building massive rail bridge across the Lagoon everyday on their way to and from work. Lagosians are not stewpid or ignorant like a lot of trolls and irrelevant PDP losers.

Worry about your own village and useless village governors sometimes..

Seems Lagos sees itself an another country within Nigeria.

.

Tinubu would die than allow that book opened. We know who the real corrupt criminals are.

Who doesn't know what is happening.

Life is cruel!!!!!


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Why would they ? When I say another political party needs to win lagos state (then forensically audit lagos state accounts), keyboard warriors would start to throw insults ....

Welcome to Nigeria where people/the government boldly disobey court orders.


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freeze001:
Lawlessness as usual. Some zombie here will probably say that the Lagos State Government doesn't have to be accountable or open its books to scrutiny because Lagosians can see schools, teachers are paid salaries and education has not been abandoned. After all according to him, Lagosians are not 'stewpid or ignorant'.

what is really ur problem? If Lagos govt got nothing to hide let them Open the book, is then you will knw wat u think u saw was jst a mirage

Welcome to Lagos, where everything is done unopposed.

Even when the government give 50m to social clubs, everyone deliberately look away.

I beg eeeeeee. Is govt not supposed to be accountable to the masses? Why all these hanky Panky games ? Nah fruad

who cares?
I don't pay my taxes there.

Nigeria matter just tire me.

If there's nothing fishy, what then is too difficult to reveal the amount received and the amount spent showing how it was spent?

Abi is it not taxpayers' money again

Fraud, This govt dnt give a rat's ass about d law. abi, u go force them. autocracy feigning democracy

CSTR1005:
who cares?

I don't pay my taxes there.

what is your total income in the first place, better drink your garri in peace

freeze001:
Lawlessness as usual. Some zombie here will probably say that the Lagos State Government doesn't have to be accountable or open its books to scrutiny because Lagosians can see schools, teachers are paid salaries and education has not been abandoned. After all according to him, Lagosians are not 'stewpid or ignorant'.

God bless true Lagos is working but i am happy I am not following the zombie cause what is there if your are clean provide the necessary FOI on education the money Lagos state generate is enough to turn Lagos into another London or Dubai but they know what they are doing

freeze001:
Lawlessness as usual. Some zombie here will probably say that the Lagos State Government doesn't have to be accountable or open its books to scrutiny because Lagosians can see schools, teachers are paid salaries and education has not been abandoned. After all according to him, Lagosians are not 'stewpid or ignorant'.

God bless you true Lagos is working but they can do more i am happy I am not following the zombie cause what is there if your are clean provide the necessary FOI on education the money Lagos state generate is enough to turn Lagos into another London or Dubai but they know what they are doing just like the cleaner Lagos thank God for budget IT and tracka citizen are waking up now every public officer must be able to give account of every penny budgeted for a certain cause.

The day Lagos State account will be independently audited to cover for the last 19 years, people will see the type of corruption and stealing that has never been witnessed in any country ever before.

deomelo


Come and defend the bald headed thief ..

The impunity in Nigeria is beyond levels

How many times has the Court open their files to the public?

Ifelover:

what is your total income in the first place, better drink your garri in peace

ok.

Replying you would be a waste of time. I am not going to post my evenings

Sai Baba

Ambode is working

Anybody who asks for information on the finances of Lagos state is an IPOB member according to my Biafra brother deomelo

Some days back we heard how the governments of Benue and Akwa Ibom were being investigated by EFCC with their accounts frozen.

I wonder what will happen if they ever decide to investigate the dealings of the Lagos state government.

Until then, we are yet to start fighting corruption.

How many times has the appeal court open their files to the public scrutiny?

Ifelover:

what is your total income in the first place, better drink your garri in peace

ok.

On a second thought, replying you would be a waste of time.

I am not going to post my earnings here anyway,so there is no point.

Lol... butterflyleo and deomelo, these people want to open Tinubu book in Lagos upon the work we are doing in building busstops and co...

They don’t want lagos landlord to go and rot in jail.