The Federal High Court in Lagos has given the go-ahead to Socio-Economic Rights and Accountability Project (SERAP) in its suit seeking “an order for leave to apply for an order of mandamus compelling the Minister of Power, Works and Housing, Mr. Babatunde Fashola (SAN); to disclose the names of contractors,” who allegedly collected money for electricity projects but failed to execute any.
SERAP had, in January, issued a Freedom of Information request and sued Fashola, following allegations by former Vice President, Alhaji Atiku Abubakar, that “contractors who were paid 100 percent upfront, for power projects, disappeared with public funds without carrying out any work.”
Justice Chuka Austine Obiozor, a Professor of Law’s ruling, last Friday, has now paved the way for SERAP to move forward with its suit to compel Fashola to publish “the names of all contractors and companies engaged in the power sector since the return of democracy in 1999, to date, details of specific projects and the amounts paid for them.”
Justice Obiozor granted the order for leave following the hearing of an argument in court on exparte motion, by SERAP’s counsel, Mrs. Adelanke Aremo.
The judge also ruled that Fashola be put on notice and adjourned the matter to Thursday, April 11, for hearing of arguments on the motion on notice, on why the names of the alleged corrupt contractors should not be published, in suit number: FHC/L/CS/105/19.
Fashola had, earlier this month, written to SERAP promising “to refer the request for details of alleged contractors and companies that collected money for electricity projects and failed to executive any projects to the Ministry’s agencies for necessary action and appropriate response.”
The minister’s response followed his letter to SERAP in February, in which he said: “We have searched the ministry’s record and the information you applied for is not held by the Federal Ministry of Power, Works and Housing (Power Sector).”
But, SERAP disagreed with his response.
“The public expectation is that government information, when in the hands of any public institutions and agencies, should be available to the public, as prescribed by the FOI Act. The FOI Act should always be used as an authority for disclosing information rather than withholding it.”
In his response to SERAP’s reaction, Fashola said: “The ministry’s letter to your organisation was not an attempt to deny the request for information. The ministry is committed to compliance with the Laws of Nigeria, including the Freedom of Information Act, 2011. The ministry will refer your request to its agencies for necessary action and appropriate response.”