A Federal High Court sitting in Lagos, in a landmark judgment, has ordered Sadia Umar-Farouk, former minister of Humanitarian Affairs, Disasters Manag
A Federal High Court sitting in Lagos, in a landmark judgment, has ordered Sadia Umar-Farouk, former minister of Humanitarian Affairs, Disasters Management and Social Development, to account for payments of N729 billion to 24.3 million poor Nigerians for six months.
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 last month by Justice Deinde Dipeolu following a Freedom of Information suit number: FHC/L/CS/853/2021, brought by the Socio-Economic Rights and Accountability Project (SERAP).
In his judgment, Justice Dipeolu held that, “The former minister is compelled by the provisions of the Freedom of Information Act to give information to any person including SERAP. I therefore grant an order of mandamus directing and compelling the minister to provide the spending details of N729 billion to 24.3 million poor Nigerians in 2021.”
“SERAP’s 30 days within which to bring this suit expired on 5th of August 2021, whilst the motion on notice was filed on the 9th of November 2021, outside the 30 days stipulated by the Act. Consequently, this suit is statute barred.
“In response, SERAP’s counsel argued that this suit was not commenced via the motion of notice dated 8th November 2021. This suit was initiated by a motion exparte dated 13th July 2021 but filed on the 15th of July 2021, after the expiration of the 7 days period required of the minister to respond to the FOI request by SERAP.
“This is 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.
“The above are the submissions of counsel as regards the preliminary objection by the minister. I agree with SERAP’s counsel that the minister did not carry out a proper search of the casefile before filing the preliminary objection.
“It is obvious that SERAP commenced this suit via a motion exparte dated 13th of July 2021 but filed 15th of July 2021, which is well within the time to file this action after the denial of the information requested from the minister.
“SERAP complied with section 20 of the Freedom of Information Act in filing this suit. Therefore, this suit is not statute barred and I dismiss the minister’s preliminary objection. I so hold.”
In the
In the letter dated 6 July 2024 sent to President Bola Tinubu on the judgement, and signed by SERAP deputy director Kolawole Oluwadare, the organisation said, “We urge you to demonstrate your expressed commitment to the rule of law by immediately obeying and respecting the judgment of the Court.”
SERAP’s letter, read in part: “We urge you to direct the Ministry of Humanitarian Affairs, Disasters Management and Social Development and the office of the Attorney General of the Federation to immediately compile and release the spending details of the N729 billion as ordered by the court.
““The immediate enforcement and implementation of the judgment by your government will be a victory for the rule of law, transparency and accountability in the governance processes and management of public resources including the N729 billion.
“By immediately complying with the judgment, your government will be demonstrating to Nigerians that it is different from the Buhari government, which persistently and brazenly defied the country’s judiciary, and sending a powerful message to politicians and others that there will be no impunity for grand corruption.
“Immediately implementing the judgment will restore trust and confidence in the independence of Nigeria’s judiciary. SERAP urges you to make a clean break with the past and take clear and decisive steps that demonstrate your commitment to the rule of law, transparency and accountability in the governance processes.
“SERAP trusts that you will see compliance with this judgment as a central aspect of the rule of law; an essential stepping stone to constructing a basic institutional framework for legality and constitutionality. We therefore look forward to your positive response and action on the judgment.”
The suit was filed against the former Minister of Humanitarian Affairs, Disasters Management and Social Development.
The suit followed the minister’s decision in January 2021 to “pay about 24.3 million poor Nigerians N5,000 each for a period of six months to provide help to those impoverished by the COVID-19 pandemic.”
