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SERAP is also arguing that the “36 state governors are constitutionally required to act in the public interest. Secrecy in government is a form of coercion. Government secrecy promotes arbitrariness and covers illegal acts”.
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the 36 state governors in the country over “their failure to account for the spending of the N72 billion palliative collected from the Federal Government, including details of the beneficiaries and the reliefs provided with the money”.
The Nigerian Government recently disbursed N2 billion out of the N5 billion palliative package to each state of the federation and the federal capital territory (FCT), to address the impact of the removal of fuel subsidy.
In the suit number FHC/L/CS/1943/2023 filed last Friday at the Federal High Court in Lagos, SERAP is seeking: “an order of mandamus to direct and compel each of the 36 state governors to account for the spending of the N2 billion palliative collected by the governors from the Federal Government.”
SERAP is also seeking: “an order of mandamus to direct and compel each of the 36 state governors to disclose details of the beneficiaries and the reliefs provided to the poorest and most vulnerable Nigerians with the money” and “an order of mandamus to direct and compel each of the 36 state governors to instruct the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) to monitor the spending of fuel subsidy palliative collected by them.
In the suit, SERAP is arguing thus: “Government secrecy is fundamentally anti-democratic. Secrecy in the spending of the N72 billion collected by the 36 state governors would create distrust or suspicion of the government. The failure by the governors to account for the public funds is both legally and morally wrong.”
SERAP is also arguing that the “36 state governors are constitutionally required to act in the public interest. Secrecy in government is a form of coercion. Government secrecy promotes arbitrariness and covers illegal acts”.
According to SERAP, “The right of access to official information such as the spending of the N72 billion by the governors exists to facilitate the exercise of free expression right, discover the truth, and encourage citizens’ participation in a democracy”.
The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Mrs Blessing Ogwuche, read in part: “It is in the public interest to direct and compel the 36 state governors to account for the spending of the N72 billion palliative and any subsequent disbursement of public funds to the states.
“There is no democratic freedom without accountability and the basic postulate of accountability is that the people should have information about the functioning of the government.
“Compelling and directing the governors to account for the spending of the N72 billion would increase government transparency and enhance an open and democratic society.
“A functioning democracy rests upon participation and accountability. Citizens cannot fully participate in a democracy unless they are allowed to effectively enjoy the right to know what their government is doing in their name.
“The right of access to information also lets in light and allows the public to scrutinise the workings of the government and find truth in them. Nigerians have the right to know how their states are spending the fuel subsidy relief funds. It is part of their legally enforceable human rights.
“Transparency and accountability in the spending of the N72 billion and any subsequent disbursement to the governors would help to reduce the risk of corruption, mismanagement, diversion, or opportunism.
“The oversight afforded by public access to the details of the spending of the N72 billion palliative and any subsequent disbursement to the governors would serve as an important check on the activities of the states, and help to prevent abuses of the public trust.”
No date has been fixed for the hearing of the suit.
