Court grants SERAP leave to probe fuel subsidy payments

LAGOS – A Federal High Court in Ikeja, Lagos, has granted leave to Socio-Economic Rights and Accountability Project, SERAP, and Women Advocates Research and Documentation Center, WARDC, to apply for an order, compelling the Federal Government to disclose information and documents on the spending on fuel subsidy for 2011.
Trial judge, Justice Steven Adah, granted the order, sequel to an application by the civil society groups, which had urged the court to grant them leave to apply for an order of mandamus against the governor of Central Bank of Nigeria, Mr Sanusi Lamido, and the Attorney-General of the Federation, Mohammed Adoke.
The respondents have also challenged the suit, praying the court to refuse the application.
The court has, meanwhile adjourned till April 4, 2012 for argument on why the respondents should not be compelled to disclose details and documents relating to the spending on fuel subsidy for 2011.
SERAP and WARDC in the application brought pursuant to section 20 of the Freedom of Information Act, and Order 34 of the Federal High Court (Civil Procedure) Rules, 2009, are contending that under the FOI Act,  they have the right to request for or gain access to information which is in the custody or possession of any public official, agency or institution.
They argued that the information they had requested relates to the spending on fuel ‘subsidy’ in 2011 and in particular the authorization of N1.26 trillion paid by CBN.
The groups said, “Since the CBN governor has failed to provide the information requested by the plaintiffs, within the time limit stipulated by the FOI Act, it is therefore submitted that he has, by that very fact, refused to give the plaintiffs access to the information requested for.”
They are asking the court to declare that the issuance and release of  N1.26 trillion above the initial sum of N250 billion allocated for fuel subsidy for 2011 without authorization by an Act of the National Assembly to wit; a Supplementary Appropriation Act, is a breach of section 80(2), (3) of the 1999 Constitution  and as such is unlawful and unconstitutional.