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

&NewLine;<p>A Federal High Court sitting in Abuja&comma; on Monday&comma;&NewLine;Novemeber 25&comma; &nbsp&semi;granted leave to the&NewLine;Socio-Economic Rights and Accountability Project &lpar;SERAP&rpar; in a suit&NewLine;against&nbsp&semi;President Muhammadu Buhari&comma; Senate president Ahmed Lawan&comma; and&NewLine;Speaker of the House of Representatives&comma; Femi Gbajabiamila &OpenCurlyDoubleQuote;over the failure to&NewLine;disclose details of allocations&comma; disbursement and spending of an estimated&NewLine;N241&period;2 billion yearly as security votes between 1999 and 2019&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Others joined as parties in the suit are&colon; Mr Godwin&NewLine;Emefiele&comma; Governor of the Central Bank of Nigeria &lpar;CBN&rpar;&comma; Mr Ahmed Idris&comma;&NewLine;Accountant General of the Federation and Mr Anthony Ayine&comma; Auditor General for&NewLine;the Federation&period;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Justice Ahmed Ramat&nbsp&semi;<a>Mohammed<&sol;a>&comma;&NewLine;who gave the ruling following the hearing of an argument on ex parte motion by&NewLine;SERAP’s counsel&comma; Opeyemi Owolabi&comma; expressed satisfaction that the leave ought&NewLine;to be granted and adjourned the motion on notice to December 10&comma; 2019&comma; for&NewLine;hearing&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Justice Mohammed ruled that hearing notices be issued and&NewLine;served on all the respondents within 8 days&period;&nbsp&semi;The order by Justice&nbsp&semi;Mohammed&nbsp&semi;has now cleared&NewLine;the way for SERAP to advance its case against the respondents and to challenge&NewLine;their refusal to account for the allocations&comma; disbursement and spending of&NewLine;security votes by the Federal Government&comma; 36 state governors and 774 local&NewLine;governments between 1999 and 2019&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>In the suit number FHC&sol;ABJ&sol;CS&sol;1369&sol;2019&comma; SERAP is&NewLine;applying for judicial review and an order of mandamus directing and compelling&NewLine;the President Buhari&comma; Mr Lawan&comma; and Mr Gbajabiamila to disclose details of&NewLine;spending of budgetary allocations as security votes since 1999&period;&nbsp&semi;The suit followed SERAP’s Freedom of Information requests&NewLine;and &OpenCurlyDoubleQuote;the respondents’ failure to account for some&nbsp&semi;<a>N241&period;2&NewLine;billion&nbsp&semi;<&sol;a>of public funds allocated&comma; disbursed and spent yearly as&NewLine;security votes&comma; and the corresponding lack of effective protection of the&NewLine;rights to security and welfare&comma; life and physical integrity of millions of&NewLine;Nigerians&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The suit read in part&colon;&nbsp&semi;&OpenCurlyDoubleQuote;Nigerians have the&NewLine;constitutional and international human right to know details of the exact&NewLine;amounts that have been spent as security votes and specific areas and projects&NewLine;covered by the allocations&comma; disbursement and spending&period; There is overriding&NewLine;public interest in Nigerians having access to these details&comma; and the&NewLine;respondents have legal obligations to facilitate public access to such&NewLine;information&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;Constitutional provisions requiring governments to&NewLine;ensure the security and welfare of the people are intended to protect the&NewLine;security and safety of citizens and not the security of a few individuals in&NewLine;government&period; Without transparency and accountability&comma; the mis-management and&NewLine;corruption in the allocation&comma; disbursement and spending of security votes will&NewLine;continue with devastating consequences&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;Public officials receiving and spending security votes ought to come clean with Nigerians on how exactly these public funds are spent&period; Unless the reliefs sought are granted&comma; Nigerians would continue to see the appropriation of public funds as security votes as a tool for self-enrichment&period; 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&comma; disbursement and spending of security votes&period; The public interest in the disclosure of these details outweighs any private interest the respondents may be seeking to protect&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>&OpenCurlyDoubleQuote;As revealed by a 2018 report by Transparency&NewLine;International &lpar;TI&rpar;&comma; most of the funds appropriated as security votes are spent&NewLine;on political activities&comma; mismanaged or simply stolen&period; It is estimated that&NewLine;security votes add up to over N241&period;2 billion every year&period; On top of appropriated&NewLine;security votes&comma; governments also receive millions of dollars yearly as&NewLine;international security assistance&period;”<&sol;p>&NewLine;

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