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The Socio-Economic Rights and Accountability Project (SERAP) has instituted a legal suit against State Governors and the Federal Capital Territory (FCT) Minister Nyesom Wike over their alleged failure to account for the alleged missing ₦40 trillion.
The group said the funds were federal allocations meant for local governments in the states and FCT Area Councils.
In a statement by its Deputy Director, Kolawole Oluwadare, on Sunday, February 25, 2024, SERAP said the suit followed the damning revelations by former President Muhammadu Buhari.
“If the money from the Federation Account to the State is about N100m, ₦50m will be sent to the chairman, but he will sign that he received ₦100 million. The chairman will pocket the balance and share it,” it quoted Buhari as saying in December 2022.
The right group disclosed that the suit number FHC/ABJ/CS/231/2024 was filed last Friday at the Federal High Court, Abuja.
It prayed the court to “direct and compel the governors to publish details of LGA allocations and actual disbursement of the allocations to local governments in their respective states from 1999 to date.”
SERAP also wants the court to “compel and direct Mr Wike to publish details of federal allocations meant for the Area Councils in the FCT and the actual disbursement of the allocations to the Area Councils in the FCT from 1999 to date.”
“The Nigerian Constitution 1999 [as amended], the Freedom of Information Act, and the African Charter on Human and Peoples’ Rights impose transparency obligations on the governors and Mr Wike to publish the details of LGA allocations and actual disbursement in their states and the FCT,’ it declared.
According to the argument of the right group, “State governors and Mr Wike cannot hide under the excuse that the Freedom of Information Act does not apply to their states and the FCT. The legal obligations to publish the information sought are also imposed by the provisions of the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.
“It is in the public interest and the interest of justice to grant this application. Nigerians are entitled to their constitutionally and internationally recognised human right to information.”
SERAP expressed the belief that “Transparency in the actual disbursement and spending of federal allocations meant for local governments is fundamental to increase accountability, prevent corruption, build trust in democratic institutions, and strengthen the rule of law.
“States and the FCT should be guided by transparency and accountability principles and proactively publish information about their actual disbursement and spending of federal allocations meant for local governments,” the statement added.