A Federal High Court sitting in Lagos State has ordered a former Minister of Humanitarian Affairs, Disasters Management, and Social Development, Sadiya Umar-Farouq, to provide a detailed account of payments totaling N729 billion made to 24.3 million poor Nigerians over a six-month period.
The court also ordered the former minister to provide the list and details of the beneficiaries who received the payments, the number of states covered, and the payments per state.
The judgment was delivered in June by Justice Deinde Isaac Dipeolu following a Freedom of Information suit number: FHC/L/CS/853/2021, brought by the Socio-Economic Rights and Accountability Project.
Justice Dipeolu stressed the minister’s obligation under the Freedom of Information Act to provide the requested details, granting an order of mandamus to enforce this.
The court further instructed Umar-Farouk to clarify the selection criteria for the beneficiaries and the methods used for the payments. Additionally, she was required to justify the rationale behind the distribution of N5,000 to each beneficiary, representing five percent of Nigeria’s 2021 budget of N13.6 trillion.
Justice Dipeolu noted the minister’s lack of response to SERAP’s request, which contravened the Freedom of Information Act. Consequently, the court dismissed the minister’s preliminary objections, ruling in favor of SERAP.
In his detailed judgment, Justice Dipeolu outlined the statutory requirements for compliance, stating that non-compliance would be seen as delinquency. He rejected the minister’s preliminary objections regarding the timing and jurisdiction of the court to entertain the suit.
SERAP’s counsel argued that the suit was initiated correctly within the legal timeframe, contrary to the minister’s claims. Justice Dipeolu confirmed this, dismissing the minister’s objections and affirming that the suit was not statute-barred.
Kolawole Oluwadare described the judgment as a significant victory for transparency and accountability in public fund management.
He urged President Bola Tinubu to enforce the court’s orders promptly.
Prominent lawyer Femi Falana, SAN, commended SERAP’s efforts, highlighting the importance of addressing systemic corruption within the Ministry of Humanitarian Affairs and other government departments. He called on the government to use this judgment as a basis for further anti-corruption measures.
In a letter dated July 6, 2024, SERAP urged President Tinubu to comply with the court’s judgment, emphasizing the need for immediate action to compile and release the details of the N729 billion spending.
SERAP stressed that adherence to this judgment would signify a commitment to the rule of law, transparency, and accountability, contrasting with the previous administration’s approach. The organization called for decisive steps to rebuild trust in Nigeria’s judiciary and governance processes.