SERAP has taken legal action against Nigeria’s governors and the Minister of the Federal Capital Territory, Abuja, Nyesom Wike, for their purported inability to explain the whereabouts of an estimated N40 trillion federal allocations intended for local governments across states and the FCT.
Former president Muhammadu Buhari’s revelations in December 2022 served as the catalyst for the legal action undertaken by Socio-Economic Rights and Accountability Project (SERAP), who highlighted his assertion that, In instances where N100 million is disbursed from the Federation Account to the State, the chairman acknowledges receipt of the full amount but only N50 million reaches him, with the remainder being siphoned for personal use.
Under the case reference FHC/ABJ/CS/231/2024, filed on the previous Friday at the Federal High Court, Abuja, SERAP is petitioning the court to instruct and enforce the governors’ obligation to disclose detailed records concerning the allocation of funds to Local Government Areas (LGAs) and the actual disbursal of these funds to local governments within their respective states, dating back to 1999.
Furthermore, SERAP is seeking the court’s intervention to mandate and direct Mr. Wike to release detailed records concerning federal allocations intended for the Area Councils in the Federal Capital Territory (FCT) and the precise disbursal of these allocations to the respective Area Councils within the FCT, covering the period from 1999 onwards.
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 is arguing that, “State governors and Mr Wike cannot hide under the excuse that the Freedom of Information Act is not applicable 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 is also arguing that, “Transparency in the actual disbursement and spending of federal allocations meant for local governments is fundamental to increase accountability, prevent corruption, and build trust in democratic institutions, and strengthen the rule of law.”
The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Kehinde Oyewumi and Andrew Nwankwo, read in part: “Opacity in the amounts of federal allocations actually disbursed to local governments in the states and FCT has continued to have negative impacts on the fundamental interests of the citizens.”
“The constitutional principle of democracy provides a foundation for Nigerians’ right to know details of spending of public funds. Citizens’ right to know promotes openness, transparency, and accountability that is in turn crucial for the country’s democratic order.”
Read also: Reject ₦15B Plan To Build Residence For VP, SERAP Urges NASS
“The Nigerian Constitution, Freedom of Information Act, and the country’s international obligations rest on the principle that citizens should have access to information regarding their government’s activities.”
“Implicit in the freedom of expression is the public’s right to know what governments are doing on their behalf, without which truth would languish and people’s participation in government would remain fragmented.”
“Transparency would ensure that the allocations are not diverted into private pockets, and increase public trust that the money would be used to benefit Nigerians resident in these local government areas.”
“Many years of allegations of corruption and mismanagement of federal allocations meant for local governments have contributed to widespread poverty, underdevelopment and lack of access to public goods and services in several states.”
“Granting the reliefs sought would ensure transparency and accountability in the actual disbursement and spending of federal allocations in the states and FCT would also improve the enjoyment by Nigerians of their right to natural wealth and resources.”
“The governors and Mr Wike have a legal responsibility to promote transparency and accountability in the actual disbursement and spending of federal allocations meant for local government areas in the states and FCT and to ensure that the allocations are dully and fully disbursed to the local governments.”
“Despite the country’s enormous oil wealth, ordinary Nigerians have derived very little benefit from oil money primarily because of widespread grand corruption, and the culture of impunity of perpetrators.”
They stated that addressing the corruption epidemic in the utilization of federal allocations designated for local government areas in the states and FCT would alleviate poverty, enhance Nigerians’ access to basic public goods, and improve the capacity of local governments to fulfill their constitutional and statutory duties effectively and efficiently.
As per their information, the 36 states in Nigeria and the federal capital territory, Abuja, have received over N40 trillion in federal allocations intended for the 774 local government areas across the country and FCT.