The suit comes after
SERAP made a Freedom of Information (FoI) request on 27 March 2020 to the
Minister of Health and the NCDC, expressing “concern that lack of transparency
in the use of the funds and resources to combat COVID-19 would lead to
diversion or mismanagement of funds and resources, unnecessarily cost lives,
and result in serious damage to public health in the country.”
According to the
suit, SERAP wants the Health Ministry and the NCDC to reveal details received
from the private sector, state and federal governments, and also reveal how the
funds have been used in the fight against the Covid-19 disease in Nigeria.
Publishing details
of the lawsuit on it's website, SERAP with suit number FHC/ABJ/CS/616/2020
filed last week at the Federal High Court, Abuja, SERAP seeks:
1.“An order for
leave to apply for judicial review and an order of mandamus to direct and
compel the Minister of Health and the NCDC to publish details of the funds and
resources from federal and state governments, and the private sector, as well
as details of how the funds and resources have so far been spent and used to
combat COVID-19.”
2. “An order of mandamus to direct and compel
the Federal Government to disclose information on the exact number of tests
that have been carried out for high-ranking public officials and politicians,
the number of any such high-ranking public officials and politicians now in
self-isolation or quarantine, as well as the exact number of tests that have
been carried out for the country’s poorest and most vulnerable people.”
According to SERAP's
lawsuit: “Transparency in the use of COVID-19 money would help to reduce the
risk of corruption or opportunism, build trust and engage Nigerians in the
fight against coronavirus as well as safe lives. Transparency and
accountability are important to implementing an effective response to COVID-19
and slowing the spread of the virus in the country.”
“Nigerians have the right to know the details
of spending of COVID-19 money, as this is essential to the fight against
corruption, and will foster the development of democratic institutions and the
rule of law in Nigeria.”
“Millions of Nigerians continue to lack access
to an improved water source and to proper sanitation, thereby making them
vulnerable to COVID-19 and other illnesses. Yet, the Ministry of Health and the
NCDC have failed and/or refused to disclose whether there is any collaborative
work with the Ministry of Water Resources to provide vulnerable Nigerians with
safe water, sanitation, and hygienic conditions.” SERAP continued in the
lawsuit by its lawyers Kolawole Oluwadare, Atinuke Adejuyigbe, and Opeyemi Owolabi
According to SERAP,
some politicians have been taking multiple tests as NCDC has been prioritizing
home testing the high and mighty while leaving the most vulneable without
tests..
According to
SERAP, there have been reports of lack
of transparency in use of Covid relief funds so the government has no
justifiable reason to deny SERAP the information it's requesting.
“The information
SERAP is seeking to access is permitted under the Freedom of Information Act
2011 and the African Charter on Human and Peoples’ Rights to which Nigeria is a
state party.”
“The Federal
Government has a legal duty to ensure that information on the spending of
COVID-19 money and resources is released to SERAP and widely published. It is
not too much to ask for details of measures to protect health workers and
procedures put in place to ensure that COVID-19 money is not diverted,
mismanaged or stolen.”
“The Federal
Government has no legally justifiable reason for refusing to provide SERAP with
the information requested, and therefore, this court ought to grant SERAP the
order directing and compelling the Federal Government to publish details of
spending of COVID-19 money.”
“There are reports
of lack of transparency in the use of the funds and resources being mobilised
to combat coronavirus, and that authorities are prioritising home testing of
politicians, with some reportedly taking multiple tests. Politicians engaging
in multiple tests for coronavirus have in turn slowed the number of tests for
the country’s poorest and most vulnerable people.”
“The suit is in the
public interest, as it bothers on issues of national interest, public welfare
and interest, social justice, good governance, transparency and accountability.
Obedience to the rule of law particularly by those who publicly took oath of
office to protect and preserve the constitution is a desideratum to good
governance and respect for the rule of law.”
“Nigerians are
entitled to know how the commonwealth is being utilized, managed and
administered in a democratic setting, as this positively influences the feeling
of belonging in the society. This right to know will no doubt help in promoting
a transparent democracy, good governance and public accountability.”
According to SERAP's
official Twitter account, the organization
is seeking the following reliefs:
An order granting
leave to the Applicant to apply for judicial review and seek an order of
mandamus directing and compelling the Respondents to provide and disclose the
following information to the Applicant:
A. Details of exact
funds and other resources allocated by the Nigerian authorities and private
sector donations to the Respondents to improve Nigeria’s health facilities to
combat the spread of COVID-19 in Nigeria;
B. Details of
spending and planned spending of any such funds, other resources and donations
to combat the spread of COVID-19 in Nigeria;
C. Details of
efforts made by the Second Respondent to make NCDC’s website functional and
accessible and to publish weekly spending on initiatives by the NCDC, including
on NCDC’s website;
D. Details of
processes and procedures put in place to ensure that the funds, other resources
and donations allocated to combat COVID-19 are not diverted, mismanaged or
stolen;
E. Details of
measures to protect health workers and to encourage the country’s poorest and
most vulnerable people to come forward for testing and to escalate testing for
this group;
F. The exact number of tests that have been carried out for high-ranking public officials and politicians, the number of any such high-ranking public officials and politicians now in self-isolation or quarantine, as well as the exact number of tests that have been carried out for the country’s poorest and most vulnerable people
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