The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against Nigeria’s governors and the Minister of the Federal Capital Territory, Abuja, Nyesom Wike “over their failure to account for the alleged missing N40 trillion federal allocations meant for local governments in the states and the FCT”.
The suit was filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Kehinde Oyewumi and Andrew Nwankwo.
The suit followed the damning revelations by former president Muhammadu Buhari who in December 2022 stated that “If the money from the Federation Account to the State is about N100m, N50m will be sent to the chairman but he will sign that he received N100 million. The chairman will pocket the balance and share it.”
In the suit number FHC/ABJ/CS/231/2024 filed last Friday at the Federal High Court, Abuja, SERAP is asking the court to “direct and compel the governors to publish details of LGA allocations and actual disbursement of the allocations to local governments in their respective states from 1999 to date.”
SERAP is also asking the court to “compel and direct Mr Wike to publish details of federal allocations meant for the Area Councils in the FCT and the actual disbursement of the allocations to the Area Councils in the FCT from 1999 to date.”
In the suit, SERAP is arguing that the Nigerian Constitution 1999 [as amended], the Freedom of Information Act, and the African Charter on Human and Peoples’ Rights impose transparency obligations on the governors and Mr. Wike to publish the details of LGA allocations and actual disbursement in their states and the FCT.
SERAP further states, “State governors and Mr Wike cannot hide under the excuse that the Freedom of Information Act does not apply to their states and the FCT. The legal obligations to publish the information sought are also imposed by the provisions of the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.”
According to SERAP, “It is in the public interest and the interest of justice to grant this application. Nigerians are entitled to their constitutionally and internationally recognized human right to information.”
SERAP also argues that transparency in the actual disbursement and spending of federal allocations meant for local governments is fundamental to increasing accountability, preventing corruption, building trust in democratic institutions, and strengthening the rule of law.
SERAP also states, “States and the FCT should be guided by transparency and accountability principles and proactively publish information of their actual disbursement and spending of federal allocations meant for local governments.”