Court Adjourns Suit against LASG on $90m World Bank Education Loan for Argument
Symbol of justice
Justice Saliu Saidu of the Federal High Court in Lagos on Friday
adjourned the suit filed by a civil society organisation, Socio-Economic
Rights and Accountability Project (SERAP), against the state Governor,
Babatunde Fashola and the state Attorney General and Commissioner for
Justice, Ade Ipaye, to December 10 for arguments.
The applicant is seeking information on the spending of $90 million
loan given to the state government by the World Bank to develop the
education sector.
At the hearing last week, SERAP argued that the government has failed
to comply with Order 29 Rule 2 of the Federal High Court Rules of
Procedure which requires an applicant challenging the jurisdiction of
the court to first file a memorandum of appearance stating clearly that
he is appearing conditionally. The state government has not done this,
SERAP observed.
But the court waived the requirement, relying on Order 51 of the
Federal High Court Rules of Procedure to grant the motion dated June 30
by Ipaye to extend the time within which the government would file its
preliminary objection and affidavit in support, and written address.
Order 51 deals with effect of non-compliance with the rules, and grants the court the power to allow any amendment to be made and to make any such order dealing with the proceedings generally as it deems fit.
Order 51 deals with effect of non-compliance with the rules, and grants the court the power to allow any amendment to be made and to make any such order dealing with the proceedings generally as it deems fit.
The judge, while adjourning the case, asked Ipaye why the government
has not provided the information requested by SERAP to which the
attorney general said the government had already widely released the
information to the media. The judge then asked why the government has
not provided the information directly to SERAP so as to see whether that
can bring the case to an end.
Ipaye, Director Civil Litigation, S.Y Kolawole, and Olamide Ibrahim represented the state government while Olukayode Majekodunmi and Oyindamola Musa-Oseni appeared for SERAP.
Ipaye, Director Civil Litigation, S.Y Kolawole, and Olamide Ibrahim represented the state government while Olukayode Majekodunmi and Oyindamola Musa-Oseni appeared for SERAP.
The state government is challenging the court’s jurisdiction to hear
the suit, arguing that the freedom of Information Act (FoI) does not
apply to it because Nigeria is a federation, and that the power to make
laws on public records had been concurrently shared between the national
assembly and the state houses of assembly in their respective sphere of
jurisdiction.
SERAP had in January this year sued the government over alleged failure
to release information and documents on the spending for the past five
years on furniture and other facilities in public schools in the state.
The schools over which the governor is being dragged to court include
Ewutuntun Grammar School in Mafoluku area of Oshodi; Ikeja Grammar
School, Iloro Grammar School in Agege and Fagba Junior Grammar School,
Iju Road.
The organisation is also seeking the order of the court for the state
government to release information on spending of the World Bank loan of
$90 million meant to improve education in the 639 public secondary
schools in the state, and details of projects carried out to improve
infrastructure and facilities across primary and secondary education in
the state.
The suit followed a FoI request to the governor of the state dated December 1, 2013. The originating summons with suit number FHC/L/CS/57/2014 was brought pursuant to section 4 (a) of the FoI Act.
The plaintiff is arguing that under the FOI Act, it has “the right to request for or gain access to information which is in the custody or possession of any public official, agency or institution regardless of whether they are federal or state institution.”
According to the plaintiff, “the disclosure of the information requested will give the public a true picture and a clear understanding of how much the state government has spent to improve education in the 639 secondary schools in the state and also promote transparency which the governor of the state has expressly canvassed.”
The suit followed a FoI request to the governor of the state dated December 1, 2013. The originating summons with suit number FHC/L/CS/57/2014 was brought pursuant to section 4 (a) of the FoI Act.
The plaintiff is arguing that under the FOI Act, it has “the right to request for or gain access to information which is in the custody or possession of any public official, agency or institution regardless of whether they are federal or state institution.”
According to the plaintiff, “the disclosure of the information requested will give the public a true picture and a clear understanding of how much the state government has spent to improve education in the 639 secondary schools in the state and also promote transparency which the governor of the state has expressly canvassed.”
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