The Federal Excessive Courtroom in Lagos, presided by Justice Deinde Dipeolu has ordered a former Minister of Humanitarian Affairs, Disasters Administration and Social Improvement, Ms Sadia Umar-Farouk to make public the small print of how N729 billion was paid to 24.3 million poor Nigerians for six months.
Justice Dipeolu gave the order whereas delivering judgment in a Freedom of Data go well with by the Socio-Financial Rights and Accountability Mission (SERAP) in search of an order to compel the previous Minister to supply the listing and particulars of the beneficiaries who obtained the funds, the variety of states lined and the funds per state.
The decide issued an order of mandamus directing and compelling the minister to supply SERAP with particulars of how the beneficiaries have been chosen and the mechanisms for paying them.
Ms Umar-Farouk was ordered by the courtroom to additionally clarify the rationale for paying N5,000 to 24.3 million poor Nigerians, which interprets to 5 p.c of Nigeria’s price range of N13.6 trillion for 2021.
Within the verdict, Justice Dipeolu, who held that the previous Minister didn’t give any motive for the refusal to reveal the small print sought by SERAP, additionally dismissed the objections raised by the ex-minister’s counsel in upholding the plaintiff’s arguments.
The decide additional held that the place a statute clearly supplies for a specific act to be completed or carried out in a specific approach, failure to carry out the act as supplied won’t solely be interpreted as a delinquent conduct however shall be interpreted as not complying with the statutory provision.
He additional acknowledged, “The minister filed a preliminary objection to this go well with dated the 4th of October 2022 and a counter-affidavit to SERAP’s movement on discover. I’ll first cope with the minister’s preliminary objection as a result of it bothers on the jurisdiction of this Courtroom to entertain this go well with.
“The grounds upon which the preliminary objection was filed are: whether or not this go well with shouldn’t be incompetent having not been commenced inside 30 days after SERAP’s request for info was deemed to have been denied.
“Having not complied with the availability of Part 20 of the Freedom of Data, whether or not this Courtroom can assume jurisdiction to entertain SERAP’s utility.
“As arguments on each points, the minister’s counsel submitted that by the availability of Part 4,7(4) and 20 of the Freedom of Data Act, topic to lawful exceptions inside the Act, a public establishment has 7 days to grant a request for info, failure of which might be deemed denial.
“SERAP’s request was deemed denied on sixth July, which is the expiration of seven days. Subsequently, SERAP has 30 days pursuant to Part 20 of the Act to use to this Courtroom.
“SERAP’s 30 days inside which to deliver this go well with expired on fifth of August 2021, while the movement on discover was filed on the ninth of November 2021, outdoors the 30 days stipulated by the Act. Consequently, this go well with is statute barred.”
“In response, SERAP’s counsel argued that this go well with was not commenced by way of the movement of discover dated eighth November 2021. This go well with was initiated by a movement exparte dated thirteenth July 2021 however filed on the fifteenth of July 2021, after the expiration of the 7 days interval required of the minister to answer the FOI request by SERAP.
“That is in compliance with Part 20 of the Freedom of Data Act and Order 34 Rule 3(1) of the Federal Excessive Courtroom (Civil Process) Guidelines 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 didn’t perform a correct search of the casefile earlier than submitting the preliminary objection,” the decide held.
