The Federal High Court in Lagos, presided over by Hon. Justice Daniel Osiagor has ordered the disclosure of how former Delta State Governor Ifeanyi Okowa spent over N200bn from the Universal Basic Education Commission [UBEC] fund and allocations from the Federation Accounts.
The order requires the current Delta State Governor, Sheriff Oborevwori, to disclose details of the budgetary allocations and actual spending by the Okowa government between 2015 and 2019, including specific projects carried out to improve primary education in Delta State, and the locations of such projects.
The Judgement followed a Freedom of Information suit number: FHC/L/CS/803/2019, filed by Socio-Economic Rights and Accountability Project (SERAP), in which the respondant are UBEC, SUBEB and Ifeanyi Okowa.
In the suit, SERAP applied for judicial review and seek an order of mandamus directing and compelling former Governor Okowa, UBEC, and SUBEB to “widely publish details of disbursement and spending of UBEC funds in Delta State; locations of projects carried out, and details of primary schools that have benefited from any spending of public funds.”
Delivering the judgement, Justice Osiagor, held that, “SERAP has cognizable legal right to inquire and know the way and manner public institutions manage public funds. I must say, that every citizen has a duty to demand transparency and accountability in governance of public institutions.”
Justice Osiagor also stated that, “Why should a request for details of disbursement and spending of public funds between 2015-2019 by Delta State be a cause of litigation for four years? Public officials are fast developing a state of anomie and cold feet when confronted with request for audit report of public duties and budgets.”
Justice Osiagor ordered the Delta State government to “disclose how the Okowa government spent over N7.28 billion received from UBEC between 2015 and 2017, and N213 billion received from the Federation Accounts Allocation Committee (FAAC) in 2018, at an average of N17.8 billion monthly.”
SERAP’s suit actually followed the case of seven year-old Success Adegor, who was sent home because her parents could not pay the illegal school fee/levy of N900, and the poor-quality of her Okotie-Eboh Primary School 1. Miss Success had, in a viral video in March 2019 said, “No be say I no go pay, dem go flog, flog, flog, dem go tire.”
Justice Osiagor ordered the government to “disclose details of the primary schools that have benefited from the projects carried out on access to free and quality primary education in Delta State, and information on indirect costs, including uniforms, exercise books, and transport costs to students and their parents.”
Justice Osiagor also ordered the government to “disclose specific details of the steps Delta State Government is taking to improve the overall welfare of children in primary schools across Delta State, including details of government’s fee-free programme, if any, across primary schools in Delta State.”
Justice Osiagor considered and dismissed all the objections raised by the Delta State government, Universal Basic Education Commission, and the Delta State Universal Basic Education Board against SERAP’s suit.
The court found in favor of SERAP, upholding its argument that it had a legal right to inquire about the spending of public funds by the Delta State government. This is a significant development, as it establishes a clear precedent for citizens to demand transparency and accountability in the management of public funds.