CSJ v. UNIABUJA: Plaintiff Objects to Defendant’s Hiring of Private Legal Counsel Without A.G’s Approval

The Centre for Social Justice (CSJ) has filed an objection to University of Abuja hiring of a private legal counsel in the matter between the parties at the Federal High Court Abuja.

In the affidavit filed in response to the defendant’s counter affidavit on the 10th November 2021, counsel to CSJ, Gregory Okere is arguing that the University of Abuja as an agency of the federal government is bound by the Attorney General’s circular on the procedure for engaging private or external solicitors.

By the circular, Ref. No.: SGF/PS/CIR/625/1/1 of 16th July 2003, issued by the Solicitor General of the Federation, such engagements can only be done with prior written approval from the Attorney General of the Federation.

The case, CENTRE FOR SOCIAL JUSTICE LTD/ GTE v. PRO CHANCELLOR UNIVERSITY OF ABUJA & Ors with SUIT NO: FHC/ABJ/CS/123612020 had come up for hearing on September 29, 2021 but the lack of representation by the defendant 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.

No further breakdown was provided during the periodic check despite repeated requests and there was no evidence of a written application from the contractor and approval by the management for the sums to be expended without explanation.

CSJ argues that such refusal by the respondent also constitutes an infringement of their right guaranteed and protected by Section 48 of the Fiscal Responsibility Act 2007.

The Applicant is also seeking an order of mandamus compelling the Respondents to grant to the Applicant access to the details of documentation evidencing that the University authority has complied with the 2017 audit recommendations.