Court Grants SERAP Permission For Judicial Review Of Spending Of Paris Club Refunds
There is prospect Nigerians keen about knowing how exactly their governors spent Paris club refunds disbursement may soon have some answers, as a Federal High Court sitting in Ikoyi, Lagos granted Socio-Economic Rights and Accountability Project (SERAP) leave “to apply for judicial relief and to seek an order of mandamus directing and/or compelling the government to publish details of spending of N388.304billion London Paris Club Loan refunds allegedly diverted and mismanaged by 35 States.”
Justice Muslim Hassan ruled that SERAP could proceed with the legal challenge to unravel how exactly 35 states spent Paris Club loan refunds. Justice Hassan while granting leave stressed that it was important for the authorities “to come and tell us how they spent our money.”
The order granting leave by the court followed the hearing of an argument in court on exparte motion by SERAP counsel Ms Bamisope Ibidolapo.
The order by Justice Hassan has now cleared the way for SERAP to advance its case against the Federal Government and state governors. The motion on notice is set for Wednesday 14 September 2017 for the hearing of argument on why the government should not be directed and compelled to public details of projects on which the Paris Club loan refunds were spent.
It would be recalled that in the suit number FCH/CS/523/17 filed in April sought “an order to compel the Accountant General of the Federation Alh. Ahmed Idris, to compile and pass on to the Attorney-General of the Federation and Minister of Justice, Abubabar Malami, SAN, information relating to the release and spending of N388.304billion London Paris Club Loan refunds to the states.”
SERAP is also seeking an order “for the Attorney-General of the Federation to use the information on the spending by the 35 states to initiate legal action against the States that allegedly diverted and mismanaged the funds with a view to compelling the states to widely publish, including on a dedicated website, details of spending of the funds by them.”
The suit read in part: “The orders sought are necessary to know exactly what happened to the Paris Club refunds, and the release of the information including on a dedicated website would be deemed incidental to the power of the federal government to achieve effective implementation of anti-corruption legislation, and will not amount to interference with activities within the states involved.”
“The Applicant argues that allegations of corruption and mismanagement of N388.304 billion London Paris Club loan refunds by states have undermined the human dignity of workers and pensioners facing difficult circumstances that deprive them of their capacity to fully realize their internationally recognized economic and social rights.”
“The allegations of corruption in the spending of the London Paris Club loan refunds have also exacerbated poverty, social exclusion, and violated the government’s obligation to use its maximum available resources to fully realize the right of all persons especially workers and pensioners who are the most vulnerable sectors of the population.”
“The Federal Government has a constitutional and statutory obligation to contribute to the eradication of corrupt practices and abuse of power, ensure proper organization and maintenance of all information in its custody in a manner that facilitates public access to such information, and make readily this available to applicants whenever it is sought.”
“Since the receipt of SERAP’s letter dated 17th March, 2017, and up till the filing of this suit, the government has so far failed, refused and/ or neglected to pass on to the Attorney-General of the Federation and Minister of Justice, information relating to the release and spending of N388.304billion London Paris Club Loan refunds to 35 States by the Federal Government for appropriate legal action against the states.”
