Group sues government for failing to name suspected looters

Lai Mohammed, Minister of Information.

The Minister of Information and Culture, Lai Mohammed
The Minister of Information and Culture, Lai Mohammed

A Lagos-Based rights group, Socio-Economic Rights and Accountability Project (SERAP), has filed a suit against the Federal Government before a Federal High Court, Lagos for failing to name suspected looters of public funds.

The action, filed last Friday, followed a Freedom of Information (FOI) request to the Minister of Information, Lai Mohammed asking him to use him to “provide information about the names of high ranking public officials from whom public funds were recovered and the circumstances under which funds were recovered as well as the exact amount of funds recovered from each public official.”

In the originating summons by its executive director, Adetokunbo Mumuni, the group is seeking a declaration that by virtue of the provisions of Section 4 (a) of the Freedom of Information Act 2011, the defendants are under a binding legal obligation to provide the plaintiff with an up-to-date information on the recovered loot.

Named as defendants in the suit are the minister and the Federal Ministry of Information and Culture.

In the suit, the group is arguing that, “by a letter with reference No MJ/FOI/GEN/014/1/54 and dated 21st June 2016, the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, confirmed that the FOI request by SERAP was brought to the attention of the defendants for handling.

“However, since the receipt of the FOI request and the confirmation by Mr. Malami that the request was brought to the attention of the defendants for handling, and up till the filing of this suit, the defendants have so far failed, refused and/or neglected to provide SERAP with the details of the information requested.”

The group is, therefore, asking the court to determine the question: “Whether by virtue of the provision of Section 4 (a) of the Freedom of Information Act 2011, the defendants are under an obligation to provide the plaintiff with the information requested for.”

The suit read further: “By virtue of Section 1(1) of the FOI Act 2011, the plaintiff is entitled as of right to request for or gain access to information which is in the custody or possession of any public official, agency or institution. Under the FOI, when a person makes a request for information from a public official, institution or agency, the public official, institution or agency to whom the application is under a binding legal obligation to provide the plaintiff/applicant with the information requested for, except as otherwise provided by the Act, within seven days after the application is received.

“The information requested by SERAP does not come within the purview of the types of information exempted from disclosure by the provisions of the FOI Act. The information requested for, apart from not being exempted from disclosure under the FOI Act, borders on an issue of national interest, public concern, social justice, good governance, transparency and accountability,” the group stressed.

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