SERAP Asks Court To Compel Govt. To Publish Details of Paris Club Refund Spending

The Socio-Economic Rights and Accountability Project (SERAP) has asked the Federal High Court, Lagos, for “an order for leave to apply for judicial relief and to seek an order of mandamus directing and/or compelling the government to publish details of spending of N388.304 billion London Paris Club Loan refunds allegedly diverted and mismanaged by 35 states.”

In the suit number FCH/CS/523/17 filed yesterday SERAP is seeking “an order to compel the Accountant General of the Federation Alh. Ahmed Idris, to compile and pass on to the Attorney-General of the Federation and Minister of Justice, Abubabar Malami, SAN, information relating to the release and spending of N388.304billion London Paris Club Loan refunds to the states.”

SERAP is also seeking an order “for the Attorney-General of the Federation to use the information on the spending by the 35 states to initiate legal action against the States that allegedly diverted and mismanaged the funds with a view to compelling the states to widely publish, including on a dedicated website, details of spending of the funds by them.”

According to the organisation, “The orders sought are necessary to know exactly what happened to the Paris Club refunds, and the release of the information including on a dedicated website would be deemed incidental to the power of the federal government to achieve effective implementation of anti-corruption legislation such as the Corrupt Practices and other Related Offences Act, which is applicable in all states of the federation, and will not amount to interference with activities within the states involved.”

The suit, filed on behalf of SERAP, by its deputy director, Timothy Adewale, read in part: “The Applicant argues that allegations of corruption and mismanagement of N388.304 billion London Paris Club loan refunds by states have undermined the human dignity of workers and pensioners facing difficult circumstances that deprive them of their capacity to fully realize their internationally recognized economic and social rights.”

“The allegations of corruption in the spending of the London Paris Club loan refunds have also exacerbated poverty, social exclusion, and violated the government’s obligation to use its maximum available resources to fully realize the right of all persons especially workers and pensioners who are the most vulnerable sectors of the population.”

“The Federal Government has a constitutional and statutory obligation to contribute to the eradication of corrupt practices and abuse of power, ensure proper organization and maintenance of all information in its custody in a manner that facilitates public access to such information, and make readily this available to applicants whenever it is sought.”

“Since the receipt of SERAP’s letter dated 17th March, 2017, and up till the filing of this suit, the government has so far failed, refused and/ or neglected to pass on to the Attorney-General of the Federation and Minister of Justice, information relating to the release and spending of N388.304billion London Paris Club Loan refunds to 35 States by the Federal Government for appropriate legal action against the states.”

SERAP is seeking the following reliefs:

A DECLARATION that the failure of the Respondent to urgently compile and pass on to the Attorney-General of the Federation and Minister of Justice, information relating to the release and spending of N388.304billion London Paris Club Loan refunds to 35 States by the Federal Government, so that the Attorney-General of the Federation can take steps to initiate legal action against the States that allegedly diverted and mismanaged the funds with a view to compelling the states to widely publish, including on a dedicated website, details of spending of the funds by them is unconstitutional and unlawful as it contradicts and in conflict with the duties and obligations of the Respondent under the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Corrupt Practices and Other Related Offences Act 2000 and the Freedom of Information Act 2011.

AN ORDER OF MANDAMUS compelling the Respondent to urgently compile and pass on to the Attorney-General of the Federation and Minister of Justice, information relating to the release and spending of N388.304billion London Paris Club Loan refunds to 35 States by the Federal Government, so that the Attorney-General of the Federation can take steps to initiate legal action against the States that allegedly diverted and mismanaged the funds with a view to compelling the states to widely publish, including on a dedicated website, details of spending of the funds by them.

“Unless the reliefs sought are granted, the Respondent will not immediately compile and pass on information to the Attorney General of the Federation regarding the release and spending of the London Paris Club Loan refunds to enable him take steps to pursue appropriate legal action against states that allegedly diverted and mismanaged the loan refunds.”

The suit was brought under Order 34 Rules 1(1)(A), 2, 3(1) and (2)(A), (B) and (C) of the Federal High Court (Civil Procedure) Rules, 2009; Section 26(2) of the Corrupt Practices and Other Related Offences Act 2000; Section 1(1),(2),(3); 2(7) , 4(A), and 20 of the Freedom of Information Act, 2011; Section 15(5) of the Constitution of the Federal Republic Of Nigeria, 1999 (as amended); and the inherent jurisdiction of the court.

No date has been fixed for the hearing of the suit.