CSJ Filed 30 Right Enhancement Suits Against Govt MDAs, Others In 2021

The Centre for Social Justice (CSJ) filed 30 Freedom of Information suit against the federal government, its ministries, departments and agencies last year under the centre’s right enhancement programme.

CSJ also litigates human rights violations and the most recent is the case of a victim of violation of the fundamental right to life. In suit Chidiebere Promise Okere & Anor v Corporal Olotu Owoicho & 2 Ors, the High Court awarded general and exemplary damages in the sum of N152 million against the Police and the Federal Government. This appears to be the highest award of damages by the courts in recent fundamental rights jurisprudence. Another suit – Ayuba Yakubu v Government of Nasarawa State and 3 ors seeks the enforcement of the fundamental rights of Ayuba Yakubu (a victim of the reckless driving of the governor’s convoy) to life and human dignity and the claim for compensation is in the sum of N1.1billion.

Another seven of the cases were outsourced to other independent legal practitioners. At the end of the year, 15 of the cases were still pending at the various courts in which they were instituted.

One of the cases, Centre For Social Justice Ltd/ Gte V. Pro Chancellor University Of Abuja & Ors had come up for hearing on September 29, 2021 with Geregory Okere Esq. representing the CSJ but the lack of representation by the respondent led to the adjournment of the matter. 

CSJ had approached the Federal High Court in Abuja seeking for a declaration that denying them access to  the  details  of documentation evidencing that the University of Abuja authority has complied with the 2017 audit recommendations as contained in page  101-103 of the Auditor General’s Annual Report on the Accounts of the Federation of Nigeria for the year 2017 constitutes an infringement of their right guaranteed and protected by section 1 (1) of the Freedom of Information Act 2011 and violates Section 4 of the Freedom of Information Act, 2011.

In the said report, the Vice Chancellor of the University of Abuja is required to account for the sums of N198,821,445.00, N132,135,704.50 and N78,382,570.22 respectively provided as provisional sums, preliminaries and contingency embedded in the various contract bill of quantities.

In the suit Centre for Social Justice v. Honourable Minister of Finance, CSJ is asking the court to declare that denying them access to the details of the Ecological Fund allocation without explanation constitutes an infringement of their right guaranteed and protected by section 1 (1) of the Freedom of Information Act 2011 and by Section 48 of the Fiscal Responsibility Act 2007 .

CSJ is therefore asking the court to grant them an order of mandamus compelling the Minister of Finance to grant to the them access to the details of the Ecological Fund allocation to the Federal, States and Local Government Council from the years 1999 to 2017 detailed on a year-by-year basis specifically for the following information any unpaid outstanding sums accruing to the beneficiaries for these years if any, and the report of utilisation of these funds by the beneficiaries.

Also in the suit Centre for Social Justice Plaintiff v. The Director-General, Federal Competition and Consumer Protection Commission the applicant (CSJ) is a seeking for a declaration that denying them access to the details of the documentation evidencing that the sum of N6,470,000.00 has been remitted to the Consolidated Revenue Fund Account of the Federal Government (CRF) in accordance with the 2017 audit recommendations as contained in pages 306-307 of the Auditor General’s Annual Report on the Accounts of the Federation of Nigeria for the year 2017 constitutes an infringement of the Applicant’s right guaranteed and protected by section 1 (1) of the Freedom of Information Act 2011.

In the said report, the Director-General of FCCPC is required to refund the sum of N6,470,000.00 to the Consolidated Revenue Fund Account of the Federal Government (CRF) being money that was paid to some staff for the purpose of organising award ceremony for the Director-General which contravened Financial Regulation 415 which stipulates that money must not be spent merely because it has been voted without explanation.