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COVID-19: SERAP Asks Court to Compel Govs to Fund Healthcare with Security Votes
Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit asking the Federal High Court, Abuja to “direct and compel 36 state governors to use public funds budgeted for security votes, and life pensions for former governors to fund healthcare facilities and to address the impact of COVID-19 on millions of Nigerians, as well as publish details of spending on COVID-19 in their respective states.”
In the suit number FHC/ABJ/CS/757/2020 filed last Friday, SERAP is seeking: “an order for leave to apply for judicial review and an order of mandamus to direct and compel the 36 state governors to disclose how much they have individually collected from the Federal Government as COVID-19 support, from private donations and other sources, as well as details of spending of any such funds and donations.”
SERAP is also seeking: “a declaration that the failure of the 36 state governors to respond in a satisfactory way to SERAP’s requests amount to a fundamental breach of the FoI Act, the 1999 Nigerian Constitution (as amended), and the African Charter on Human and Peoples’ Rights.”
The suit followed SERAP’s Freedom of Information (FoI) requests dated 25 April 2020, expressing concern that: “many state governors are spending scarce state resources to pay themselves security votes and their predecessors life pensions rather than using public funds to effectively respond to COVID-19 by investing in and improving public healthcare facilities in their states.”
The organization revealed that only two governors—Kaduna State governor, Mr Nasir El-Rufai and Kwara State governor, Mr Abdulrahman Abdulrazaq—responded to its FoI requests. While “governor El-Rufai claimed that the FoI is inapplicable in Kaduna state, governor Abdulrazaq stated that the information requested by SERAP is protected from disclosure by the FoI.”
Governor El-Rufai claimed: “The FoI is binding only on the Federal Government and its agencies, the Federal Capital Territory, and the states that choose to domesticate it. We are therefore not bound to respond to your request using the threat of an FoI Act that is inapplicable in our State.”
Governor El-Rufai also said: “Should you choose to rephrase your request as a citizen or voter in Kaduna, to whom we are accountable under OGP commitments, I will direct the relevant departments of government to respond. Our version of FoI is with the State House of Assembly for domestication.”
Governor Abdulrahman Abdulrazaq in his own response to SERAP said: “the category of the information you requested is protected from disclosure under the Freedom of Information Act.”
But SERAP in the suit said: “By a combined reading of the FoI Act, the Nigerian Constitution, and the African Charter on Human and Peoples’ Rights, which isapplicable throughout the country, governors El-Rufai and Abdulrazaq and other34 governors ought to be compelled to invest in healthcare facilities, and totell Nigerians how they are spending COVID-19 funds and donations in their states.”
The suit filed on behalf of SERAP by its counsel, Kolawole Oluwadare and Atinuke Adejuyigbe read, in part: “The 36 governors have a responsibility to act in the interest of Nigerian citizens and residents in their states under the Code of Conduct for Public Officers [Fifth Schedule Part 1] of the Nigerian Constitution, and Oath of Office of Governor of a State in Seventh Schedule to the Constitution.”
“The crux of SERAP’s argument is better expressed in the following questions: What is the economic benefit of appropriation of security votes and pension to former governors and deputy governors to the citizens of Nigeria during a pandemic? Why should the governors spend so much on a relatively negligible percentage of the population at the expense of the majority of the citizens?”
“The office of a governor is created by Section 176 of the Constitution, and the governors are vested with powers to act as members of the executive pursuant to Section 5[2] and [3] of the Constitution. These statutory functions, among other duties of the governors, are guided by rules including the Oath of Office of Governor of a State.”
“The oath of office of governors is integral to the honest performance of their functions in the public interest. The oath is considered of such importance that Section 185[1] of the Constitution provides that the governors can perform their respective official functions only after taking the oath of office.”
“It can be inferred that appropriation of hundreds of millions of Naira for security votes and payment of pensions to former governors in the face of glaring socio-economic effects of COVID-19 on citizens and residents can only be in the personal interests of the governors and their colleagues, in clear conflict with public interest and well-being and prosperity of the country and its people.”
“Majority of Nigerians continue to live in poverty and without access to basic necessities of life such as healthcare, and clean water, as established by the National Bureau of Statistics in its 2019 Report.”
“The unconscionable allocations to security votes and pensions for former governors are happening at a critical time that Nigeria requires urgent infrastructural development to lift itself out of the quagmire of poverty and underdevelopment in response to the harsh realities of COVID-19 pandemic on the people.”
“The 36 governors ought to be directed and compelled to use the budgets for security votes and life pensions for former governors to improve the healthcare facilities in their respective states, provide palliatives and reliefs, and to address the impact of COVID-19 on citizens and residents of their respective states.”
“The 36 governors ought to be directed and compelled to provide details of palliatives and reliefs that they have provided to the most vulnerable people, including the list of beneficiaries, details of what they are doing to improve testing for COVID-19, isolation centres, as well as ensure safe protective equipment for health workers.”
“The 36 governors ought to be directed and compelled to provide details of what they are doing to ensure full respect for human rights of everyone and access to justice for victims of human rights violations and abuses during and linked to COVID-19, as well as any support they are providing to the Nigeria Centre for Disease Control (NCDC) to improve its capacity to respond to COVID-19.”
“This suit is of public concern as it bothers on issues of national interest, public welfare and interest, social justice, good governance, transparency and accountability. The right to truth allows Nigerians to gain access to information on what their state governments have done or are doing to cushion the socio-economic effects of COVID-19 on Nigerians.”
No date has been fixed for the hearing of the suit.
The Lagos State Governor, His Excellency Babajide Sanwo-Olu has commended Africa’s leading e-commerce platform, Jumia Nigeria, for its giant strides and in the growth of the country’s e-commerce sector, as well as its unique contributions to its economic development.
He said that Jumia has earned its place as a major brand, with its growth and trajectory in the country’s e-commerce ecosystem over the years which, he said, has made it a household name. He urged the company to not only strive to maintain its excellent service standards, but to also work towards improving them.
The Governor who was speaking during a courtesy visit by the management of Jumia Nigeria to the State House in Marina on Thursday March 27, reaffirmed the strategic importance of the company in the economic development of Lagos State and Nigeria, especially in job creation.
He restated his administration’s commitment in ensuring that Lagos State remains environmentally friendly for businesses to grow.
“Our administration has always prioritized creating an enabling environment for businesses to thrive. Through various initiatives, we have strengthened the ease of doing business, and fostered innovation to drive economic growth, and we will continue to support businesses and create opportunities that will aid in their growth”, Sanwo-Olu said.
Governor Sanwo-Olu said that the Lagos State Government remains open to collaborations with the private sector to enhance service delivery, infrastructure development, and create opportunities for residents, with the aim of building a resilient and sustainable future.
He said the administration recognises the importance of working with the private sector to achieve its goals of improving the lives of its citizens.
Speaking also, the Chief Executive Officer of Jumia Nigeria, Sunil Natraj, thanked the governor for creating an enabling environment in the state for businesses like Jumia to grow. He stated Jumia’s commitment to contributing towards the growth and development of the state, and the country.
Natraj said the company has made tremendous strides from its early days as a tech start-up in Lagos and has grown to become the number one e-commerce platform in Nigeria, with a presence in nine African countries. He said the company presently employs hundreds of Nigerians directly, and thousands more indirectly as independent sales agents and partners.
He restated Jumia Nigeria’s commitment to providing excellent service, focusing on delivering exceptional value and fostering long-term relationships with its customers around the country.
Among other things, he said the company is actively working to enhance customer experience, aiming to simplify the e-commerce process, making it easier for customers to navigate and shop online.
According to him, Jumia aims to transform everyday life in Africa by making it easier for consumers to access goods and services conveniently and affordably, adding that the company is focused on expanding access to retail across the country.
Nigerian National Petroleum Company (NNPC) Limited has announced its readiness for the capital market with an Initial Public Offer (IPO) now in the final stage.
Mr. Olugbenga Oluwaniyi, chief finance and investor relations officer (CFIO), NNPC, stated this at a consultative meeting with partners at the NNPC Towers, Abuja, on Thursday.
He said the move aligned with the provisions of the Petroleum Industry Act, 2021.
He said NNPCL was currently engaging with prospective partners in an exercise tagged: “NNPC Ltd. IPO Beauty Parade” in line with capital market regulations before the commencement of the IPO.
According to the CFIO, the aim of the IPO Beauty Parade is to assess potential partners and determine in what ways they could be of support to the company.
He listed the areas of partnership required to include Investor Relations, IPO Readiness Advisors, and Investment Bank Partners.
He said the company with the best offer in terms of project partnership would be selected for each of the three categories.
The PIA provides for NNPCL to list its shares in the capital market in line with the provisions of the Company and Allied Matters Act (CAMA) 1990.
Federal High Court in the Bwari Judicial Division has thrown out a case of fraud filed against the Chairman of Zinox Technologies, Mr. Leo Stan Ekeh, his wife, Chioma Ekeh, and 11 others.
Femi Falana and Leo Stan Ekeh
This is the umpteenth time.
The latest is the dismissal of the suit by Justice Akpan Okon Ebong of the FCT High Court, who struck out the case filed by Mr. Femi Falana SAN, purporting to act on a fiat donated to him by Mr. Lateef Fagbemi SAN, attorney general and minister of Justice of the Federal Republic of Nigeria, against Mr. Leo Stan Ekeh, chairman of Zinox Technologies, and 12 others.
The other defendants are Mr. Chris Eze Ozims, Oyebode Folashade, Charles Adigwe, Obilo Onuoha, Agartha Ukoha, Anya O. Anya, Femi Dosumu, Nnenna Kalu, Admas Digital Technologies Limited, Technology Distributions Limited and Zinox Technologies Limited.
In the suit No. FCT/HC/CR/985/24 filed in November 2024, Falana, on behalf of his client, Benjamin Joseph, the CEO of Citadel Oracle Concept Limited, an Ibadan-based computer firm, filed charges against Ekeh, 9 other individuals and 3 companies before the Federal High Court in Abuja for allegedly diverting N162,247,513.80 being payment for laptop supply contract at the Federal Inland Revenue Service (FIRS) Headquarters which Technology Distribution Ltd (now TD Africa), the biggest tech equipment distributor in sub-Saharan Africa supplied on behalf of Citadel in 2012.
However, in the certified true copy of the judgment dated March 20, 2025, Justice Ebong ruled as follows: “It is my conclusion based on the foregoing that this charge (No. FCT/HC/CR/985/2024, Federal Republic of Nigeria v Leo Stan Ekeh and 12 ORS) constitutes a gross abuse of court process and is liable to dismissal. I accordingly hereby dismiss it.”
Before arriving at his judgment, which has put the final nail in the coffin of a case that other courts had also dismissed in the past as dead on arrival, Justice Ebong considered the outcome of previous cases and petitions filed by Mr. Joseph, none of which was in his favour.
Justice Ebong said: “One intriguing aspect of this matter is that none of the law enforcement agencies involved in the investigation of the nominal complainant’s (Mr. Joseph) numerous petitions has found merit in any of his allegations against the defendants. When called upon before Senchi J. (Justice Danlami Z. Senchi) to prove his said allegations to the court, he failed to turn up in court. One then wonders on what premise he wants to maintain this campaign of persecution against the defendants.”
Previous judgments on the matter had established that rather than being the culprit, Ekeh and the 12 others were actually the victims of a failed money diversion scheme plotted by Mr. Joseph and Citadel.
When contacted, one of the defendants, Mr. Chris Eze Ozims, a lawyer, said: “This ruling truly reflects our consistent position on the allegations, and it is good that we have been vindicated, once more, by a competent high court.”
He asserted that the judgment of Justice Ebong was consistent with the position of the defendants and in tandem with the rulings of other judges who had previously adjudicated on the same matter.
Mr. Matthew Burkaa SAN, chief counsel to the defendants, described the judgment as a victory for integrity and the rule of law.
Court papers showed that Falana’s suit was based on the same claims that various courts had dismissed in the past as falsehood and baseless. The case arose from a contract between Citadel and Technology Distributions Limited over the supply of computers to the Federal Inland Revenue Service (FIRS), a project fully funded by Technology Distributions and has no bearing whatsoever with Zinox and its promoter, Mr Leo Stan Ekeh.
It will be recalled that Mr. Joseph had lost the case and its adjunct suits at different courts in the past. In his petition to the police in 2013, police authorities discovered that Mr. Joseph provided false information to the police, prompting the Inspector General of Police to charge him for false information in charge no.CR/216/16.
In another case filed by the EFCC in his instance against his partner, Princess Kama, in charge no. FCT/HC/CR/244/2018, Honorable Justice Danlami Z. Senchi of the FCT High Court (as he then was) dismissed as false all the allegations made by Benjamin Joseph, and imposed the sum of N20 million as damages against him for false petitioning in relation to these same allegations.
Earlier court papers showed that Joseph, in his statement on oath in suit No:LD/4335/2014 in the High Court of Justice, Lagos State, dated June 28, 2019, averred that his company, Citadel, did not execute any contract with FIRS and that he was not aware that a contract had been awarded to Citadel.
In his deposition under oath, Joseph claimed that Citadel “did not at any time execute any contract for the FIRS and neither did the 2nd defendant (Princess O. Kama) who is its agent in respect of the contract it bid for with the FIRS deliver/release any documents to the Claimant (Citadel) indicating that the contract it bid for, or any other contract was awarded to it by the FIRS or any other body.”
However, a letter from the FIRS addressed to the chamber of Afe Babalola & Co dated February 11, 2014 (FIRS/PD/GDS/2559) and signed by one Idrissa Kogo, Head Legal Department, stated: “Contrary to your client’s claim that they knew nothing about the execution of the contract awarded to them and that they did not receive any payment for the execution of the contract, our record reveals otherwise.
“Your client instructed FIRS through a letter dated December 13, 2012, to deal with Princess O. Kama (Your client’s agent) in relation to the contract. Through three separate letters dated December 20, 2012, your client instructed FIRS to pay to the client’s account with Access Bank plc. Please note that FIRS acted in compliance with your client’s instruction and with due diligence,” the FIRS letter stated.
The FIRS letter was a response to inquiry by Afe Babalola Chamber, lawyers to Citadel Oracle Concept Ltd and its MD, Mr. Benjamin Joseph, at that time.
The current charges filed by Falana on the basis of a fiat from the Attorney General is the third in a row as Mr Joseph had earlier filed charge no.CR/469/2022, which was struck out by Honorable Justice C. O. Oba of the FCT High Court, by an order dated November 8, 2022.
Determined to push through with his case, Mr Joseph filed the same charges before Honorable Justice A. S. Adepoju of the FCT High Court, and the charges were, once again, struck out by the Honorable Court on March 19, 2024, with Honorable Justice Adepoju holding that: “This matter was brought in dead, extinct and should be confined into the dustbin of history…I hold that the instant suit is an abuse of the process of court, and it is hereby struck out accordingly.”
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