Posted by The Federal Capital Territory (FCT) Minister, Mr. Nyesom Wike, as well as the governors of Nigeria have been sued by Socio-Economic Rights and Accountability Project (SERAP) “for their failure to account for the alleged missing N40 trillion federal allocations meant for local governments in the states and the FCT.”
The lawsuit was prompted by the incriminating disclosures made by the former president, Muhammadu Buhari, who said in December 2022 that “the chairman will sign that he received N100 million, but N50 million will be sent to the chairman if the money from the Federation Account to the State is about N100 million.” The chairman will divide and pocket the remaining amount.
In the lawsuit FHC/ABJ/CS/231/2024, which was submitted to the Federal High Court in Abuja last Friday, SERAP is requesting that the court issue an order compelling the governors to disclose information regarding local government allocations and the actual distribution of those allocations to local governments in their individual states between 1999 and the present.
“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,” is another request made by SERAP to the court.
The African Charter on Human and Peoples’ Rights, the Nigerian Constitution 1999 [as amended], and the governors and Mr. Wike are required by transparency laws to disclose the specifics of LGA allocations and real disbursements in their states and the Federal Capital Territory, according to SERAP’s legal argument.
State governors and Mr. Wike cannot conceal behind the claim that the Freedom of Information Act does not apply to their states or the Federal Capital Territory, according to SERAP. The provisions of the African Charter on Human and Peoples’ Rights and the Nigerian Constitution also establish legal responsibilities to disseminate the information requested.
“Granting this application is in the public interest and the interest of justice,” states SERAP. Nigerians have the right to information, which is guaranteed by the constitution and globally acknowledged as a human right.
Transparency in the real distribution and use of federal monies intended for local governments, according to SERAP, is essential to boosting accountability, thwarting corruption, fostering confidence in democratic institutions, and bolstering the rule of law.
In addition, SERAP contends that “information pertaining to their actual disbursement and spending of federal allocations meant for local governments should be proactively published by States and the FCT, guided by transparency and accountability principles.”
“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,” according to a portion of the lawsuit filed on behalf of SERAP by its attorneys Kolawole Oluwadare, Kehinde Oyewumi, and Andrew Nwankwo reading the suit.
Nigerians’ right to know the specifics of how public funds are being spent is underpinned by the democratic ideal established in the country’s constitution. The country’s democratic system depends on the openness, accountability, and transparency that the right to know fosters.
“The Nigerian Constitution, the Freedom of Information Act, and the nation’s international obligations rest on the principle that citizens should have access to information regarding their government’s activities,” said the statement accompanying the release of Navalny’s remains to his mother.
“The public’s right to know what governments are doing on their behalf is implicit in the freedom of expression; without it, the truth would fester and people’s engagement in politics would remain fragmented.”
“Openness would guarantee that the funds are not misappropriated and would boost public confidence that the funds will be utilized to assist Nigerian citizens residing in these local government districts.”
“Large-scale poverty, underdevelopment, and lack of access to public goods and services have been caused in several states by long-standing allegations of corruption and mismanagement of federal allocations intended for local governments.”
“Giving the reliefs requested would improve Nigerians’ enjoyment of their right to natural wealth and resources and ensure transparency and accountability in the actual disbursement and spending of federal allocations in the states and Federal Capital Territory.”‘
“The governors and Mr. Wike have a legal obligation to ensure that the federal monies intended for local government areas in the states and Federal Capital Territory are properly and fully disbursed to the local governments, and to encourage transparency and accountability in the actual disbursement and spending of these funds.”
“Even with Nigeria’s vast oil wealth, the general populace has not benefited much from the oil money, mainly due to the pervasive grand corruption and the impunity of those who commit crimes against the state.”
“Tackling the widespread corruption in the use of federal funds intended for local government areas in the states and Federal Capital Territory would mitigate poverty, facilitate Nigerians’ access to essential public goods, and strengthen local governments’ capacity to carry out their mandates in accordance with the constitution and laws.”
“Our information indicates that over N40 trillion in federal allocations intended for the 774 local government areas in the country and Federal Capital Territory (FCT) have been collected by the 36 states of Nigeria and Abuja.”