SERAP has filed a lawsuit against @Zshamsuna ,Minister of @FinMinNigeria over failure to disclose information &specific documents on total amount of money paid to contractors from the $460 million loan obtained in 2010 from China to fund the apparently failed Abuja CCTV project..
..and failure to name the contractors involved and explain why the government has continued to re-pay the loan
In the suit number FHC/ABJ/CS/1447/2019 filed last week at the Federal High Court, Abuja, we are seeking an order for leave to apply for judicial review and an order of mandamus to direct and/or compel the Minister of Finance to disclose the details of local companies ...
...and Chinese contractors that have received funds from the $460 million loan for the finance of the failed Abuja CCTV project as well as details of the status of implementation of the project.
We are also seeking an order of mandamus to direct and compel the Minister of Finance to disclose whether the sum of N1.5 billion Naira paid in 2010 for the failed project meant to construct the headquarters of the CCB was part of another loan obtained from China, ...
...and to clarify further whether the sum of N1.5 billion Naira mobilsation fee for the construction of the Headquarters of the CCB in Abuja was part of another loan from China.
The suit follows our Freedom of Information (FoI) request dated 25 October 2019 to @ZShamsuna expressing concern that Nigerians are being made to pay for the Chinese loans for failed and abandoned projects, and for which they have not benefited in any way, shape or form.
Transparency in the spending of Chinese loans is good for everyone, as this would help to increase the effectiveness, legitimacy, and contribution of the loans to the development of public goods and services, and the general public interests.
The information being requested does not come within the purview of the types of information exempted from disclosure under the Act. The Respondent has no legally justifiable reason for refusing to provide SERAP with the information requested.
Democracy cannot flourish if governments operate in secrecy. The citizens are entitled to know how the commonwealth is being utilized, managed and administered in a democratic setting.
Obedience to the rule of law by all citizens but more particularly those who publicly took oath of office to protect and preserve the constitution is a desideratum to good governance and respect for the rule of law.
In a democratic society, this is meant to be a norm; it is an apostasy for government to ignore the provisions of the law and the necessary rules to regulate matters
As trustee of public funds,SERAP contends that @FinMinNigeria has a legal duty to disclose details of spending on the $460 million Abuja CCTV project & N1.5bn for the construction of CCB headquarters, to the beneficiaries (Nigerians) of the trust, if and when called upon to do so
Any failure or refusal to provide the information will also be clearly inconsistent with the letter and spirit of the FoI Act.
Servicing Chinese loans for failed projects is double jeopardy for Nigerians—they can neither see nor benefit from the projects; yet, they are made to pay both the loans and the accrued interests.”
The $460 million loan got for the failed Abuja CCTV project and the N1.5 billion for the construction of CCB headquarters, which may be part of another Chinese loan, may have been mismanaged or stolen, and in any case, remain unaccounted for.
As a key agency of govt, @FinMinNigeria has a sacred duty to ensure that the country’s loans including those obtained from China are transparently & accountably used solely for the purposes for which the loans are obtained, ...
...and for the effective development of public goods and services as well as the general public interests.
The suit is seeking the following reliefs:
1. AN ORDER granting leave to the Applicant to apply for judicial review & to seek an order of mandamus directing &compelling Respondent to provide &make available to the Applicant information on total amount of money paid to contractors
1. AN ORDER granting leave to the Applicant to apply for judicial review & to seek an order of mandamus directing &compelling Respondent to provide &make available to the Applicant information on total amount of money paid to contractors
...with specific details of names of companies local contractors involved, from the $460 million loan obtained in 2010 from China by the Federal Government of Nigeria to fund the Abuja Closed-Circuit Television (CCTV) contract.
2. AN ORDER granting leave to the Applicant to apply for judicial review and to seek an order of Mandamus directing and compelling the Respondent to provide the details of the local companies ...
...and Chinese contractors that have received funds from the $460 million loan for the finance of the Abuja CCTV contract as well as details of the status of implementation of the project.
3. AN ORDER granting leave to the Applicant to apply for judicial review and to seek an order of Mandamus directing and compelling the Respondent to provide details clarifying whether the sum of N1.5 billion Naira paid in 2010 for the failed contract meant to construct ..
...the headquarters of the CCB was part of another loan obtained from China, & to clarify further whether the sum of N1.5bn mobilsation fee reportedly paid to the contractors for the construction of the Headquarters of the CCB in Abuja was part of another loan from China.
4. AND FOR SUCH FURTHER ORDER(S) the Honourable Court may deem fit to make in the circumstances.
No date has been fixed for the hearing of the suit.
No date has been fixed for the hearing of the suit.
