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Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the 36 state governors 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 Federal 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 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.
It is also seeking 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 that: “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.
“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 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.”
SERAP is also arguing that, “The right to access information held by public officials and bodies is also essential for collective decision-making in a democratic society. The right to know strengthens the enjoyment of other constitutionally guaranteed human rights and expands the whole system of freedom of expression.”
It 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.”
No date has been fixed for the hearing of the suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Mrs. Blessing Ogwuche.
