Court affirms SERAP’s right to sue Buhari, NASS, others over security votes spending

A Federal High Court sitting in Abuja yesterday granted leave to
the Socio-Economic Rights and Accountability Project (SERAP) in a
suit against President Muhammadu Buhari, Senate president Ahmed
Lawan, and Speaker of the House of Representatives, Femi
Gbajabiamila “over the failure to disclose details of allocations,
disbursement and spending of an estimated N241.2 billion yearly as
security votes between 1999 and 2019.”

Others joined as parties in the suit are: Mr Godwin Emefiele,
Governor of the Central Bank of Nigeria (CBN), Mr Ahmed Idris,
Accountant General of the Federation and Mr Anthony Ayine, Auditor
General for the Federation.

Justice Ahmed Ramat Mohammed, who gave the ruling following the
hearing of an argument on ex parte motion by SERAP’s counsel,
Opeyemi Owolabi, expressed satisfaction that the leave ought to be
granted and adjourned the motion on notice to December 10, 2019,
for hearing.

Justice Mohammed ruled that hearing notices be issued and served
on all the respondents within 8 days.

The order by Justice Mohammed has now cleared the way for SERAP
to advance its case against the respondents and to challenge their
refusal to account for the allocations, disbursement and spending
of security votes by the Federal Government, 36 state governors and
774 local governments between 1999 and 2019.”

In the suit number FHC/ABJ/CS/1369/2019, SERAP is applying for
judicial review and an order of mandamus directing and compelling
the President Buhari, Mr Lawan, and Mr Gbajabiamila to disclose
details of spending of budgetary allocations as security votes
since 1999.

The suit followed SERAP’s Freedom of Information requests and
“the respondents’ failure to account for some N241.2 billion of
public funds allocated, disbursed and spent yearly as security
votes, and the corresponding lack of effective protection of the
rights to security and welfare, life and physical integrity of
millions of Nigerians.”

The suit read in part: “Nigerians have the constitutional and
international human right to know details of the exact amounts that
have been spent as security votes and specific areas and projects
covered by the allocations, disbursement and spending. There is
overriding public interest in Nigerians having access to these
details, and the respondents have legal obligations to facilitate
public access to such information.”

“Constitutional provisions requiring governments to ensure the
security and welfare of the people are intended to protect the
security and safety of citizens and not the security of a few
individuals in government. Without transparency and accountability,
the mismanagement and corruption in the allocation, disbursement
and spending of security votes will continue with devastating
consequences.”

“Public officials receiving and spending security votes ought to
come clean with Nigerians on how exactly these public funds are
spent. Unless the reliefs sought are granted, Nigerians would
continue to see the appropriation of public funds as security votes
as a tool for self-enrichment.”

“The suit is seeking to offer governments at all levels an
important opportunity to be transparent and accountable with the
exercise of their discretionary powers in the allocation,
disbursement and spending of security votes. The public interest in
the disclosure of these details outweighs any private interest the
respondents may be seeking to protect.”

“As revealed by a 2018 report by Transparency International
(TI), most of the funds appropriated as security votes are spent on
political activities, mismanaged or simply stolen. It is estimated
that security votes add up to over N241.2 billion every year. On
top of appropriated security votes, governments also receive
millions of dollars yearly as international security
assistance.”