A Federal High Court in Lagos has mandated Ms. Sadia Umar-Farouk, the former Minister of Humanitarian Affairs, Disaster Management, and Social Development, to provide a detailed account of N729 billion disbursed to 24.3 million impoverished Nigerians over six months. The court has also instructed her to disclose the list of beneficiaries, state-wise distribution, and the amount paid in each state.
The judgment, delivered last month by Hon. Justice Deinde Isaac Dipeolu, followed a Freedom of Information suit filed by the Socio-Economic Rights and Accountability Project (SERAP), referenced as FHC/L/CS/853/2021. SERAP received the certified true copy of the judgment last Friday.
Justice Dipeolu emphasized, “The former minister is required by the Freedom of Information Act to provide information to any requesting party, including SERAP.” He subsequently issued an order of mandamus, compelling the minister to reveal the expenditure details of the N729 billion disbursed to the 24.3 million poor Nigerians in 2021.
The court further instructed the minister to explain the selection process of the beneficiaries and the mechanisms employed for the payments. Additionally, Justice Dipeolu questioned the rationale behind distributing N5,000 each to the beneficiaries, equating to five percent of Nigeria’s 2021 budget of N13.6 trillion.
Justice Dipeolu criticized the minister for not providing any justification for withholding the requested details from SERAP. He noted that SERAP had cited the relevant sections of the Freedom of Information Act 2011, which the minister violated, and sought an order of mandamus under sections 20 and 25(1) of the Act to compel the minister to provide the requested information. The court dismissed the objections raised by the minister’s counsel, siding with SERAP.
Justice Dipeolu’s ruling, dated June 27, 2024, stated, “Failure to perform a statutorily required act in the prescribed manner will be interpreted as non-compliance with the statutory provision.”
The minister had filed a preliminary objection dated October 4, 2022, and a counter-affidavit to SERAP’s motion on notice. The court first addressed this objection, which questioned the court’s jurisdiction based on the timing of the suit.
The minister’s counsel argued that, under sections 4, 7(4), and 20 of the Freedom of Information Act, a public institution has seven days to respond to an information request, after which the request is deemed denied. SERAP’s request was deemed denied on July 6, making their deadline to file suit August 5. Since SERAP filed the motion on November 9, beyond the 30-day limit, the minister claimed the suit was statute-barred.
In contrast, SERAP’s counsel contended that the suit commenced with a motion ex parte on July 13, 2021, filed on July 15, 2021, in compliance with section 20 of the Freedom of Information Act and Order 34 Rule 3(1) of the Federal High Court (Civil Procedure) Rules 2019. Thus, the suit was timely.
The court concluded that SERAP initiated the suit within the allowable period, dismissing the minister’s preliminary objection and affirming the suit was not statute-barred.
Kolawole Oluwadare, the deputy director of the Socio-Economic Rights and Accountability Project (SERAP), hailed the recent court ruling as a significant win for transparency and accountability in the use of public funds.
Senior Advocate of Nigeria, Femi Falana, also praised the judgment, stating, “SERAP deserves commendation from all those concerned about systemic corruption in the Ministry of Humanitarian Affairs, Disaster Management, and Social Development, as well as other MDAs. This case stands out as one of the most patriotic public interest litigations ever undertaken in Nigeria. We urge the Tinubu administration to use this judgment as a foundation for addressing corruption within the ministry, prosecuting those responsible, and recovering any stolen funds.”
In a letter dated July 6, 2024, addressed to President Bola Tinubu and signed by SERAP deputy director Kolawole Oluwadare, the organization urged the president to honor the court’s decision. The letter stated, “We call on you to demonstrate your commitment to the rule of law by promptly complying with the court’s judgment.”
The letter continued, “We request that you instruct 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 mandated by the court. Implementing this judgment swiftly will be a triumph for the rule of law, transparency, and accountability in managing public resources, including the N729 billion.”