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Court Orders Buhari’s Minister To Account For N729bn Payment To Poor Nigerians

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The Federal High Court sitting in Lagos has ordered former Minister of Humanitarian Affairs, Disasters Management and Social Development, Sadia Umar-Farouk, to account for payments of N729bn to 24.3 million poor Nigerians for six months.

The court also ordered the former minister to provide the list and details of the beneficiaries who received the payments, the number of states covered and the payments per state.

The judgment was delivered last month by Hon. Justice Deinde Isaac Dipeolu following a Freedom of Information suit number: FHC/L/CS/853/2021, brought by the Socio-Economic Rights and Accountability Project (SERAP).

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This was disclosed in a statement by SERAP’s Deputy Director, Kolawole Oluwadare, who noted that the certified true copy of the judgment was obtained last Friday.

He stated that in his judgment, Justice Dipeolu held that, “The former minister is compelled by the provisions of the Freedom of Information Act to give information to any person including SERAP. I therefore grant an order of mandamus directing and compelling the minister to provide the spending details of N729 billion to 24.3 million poor Nigerians in 2021.”

Justice Dipeolu ordered the minister to “provide SERAP with details of how the beneficiaries have been selected and the mechanisms for the payments to the beneficiaries.”

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The judge also ordered the minister to “explain the rationale for paying N5,000 to 24.3 million poor Nigerians, which translates to five percent of Nigeria’s budget of N13.6 trillion for 2021.”

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Justice Dipeolu also stated that, “The minister did not give any reason for the refusal to disclose the details sought by SERAP. SERAP has reeled out the relevant sections of the Freedom of Information Act 2011 that the minister contravened and has in line with sections 20 and 25(1) of the Act prayed this Court for an order of mandamus to direct and compel the minister to provide the information sought.”

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The judge dismissed the objections raised by the minister’s counsel and upheld SERAP’s arguments. Consequently, the court entered judgment in favour of SERAP against the minister.

Justice Dipeolu’s judgment, dated 27 June, 2024, read in part: “where a statute clearly provides for a particular act to be done or performed in a particular way, failure to perform the act as provided will not only be interpreted as a delinquent conduct but will be interpreted as not complying with the statutory provision.”

“The minister filed a preliminary objection to this suit dated the 4th of October 2022 and a counter-affidavit to SERAP’s motion on notice. I will first deal with the minister’s preliminary objection because it bothers on the jurisdiction of this Court to entertain this suit.”

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“The grounds upon which the preliminary objection was filed are: whether this suit is not incompetent having not been commenced within 30 days after SERAP’s request for information was deemed to have been denied.”

“Having not complied with the provision of section 20 of the Freedom of Information, whether this Court can assume jurisdiction to entertain SERAP’s application.”

“As arguments on both issues, the minister’s counsel submitted that by the provision of section 4,7(4) and 20 of the Freedom of Information Act, subject to lawful exceptions within the Act, a public institution has 7 days to grant a request for information, failure of which would be deemed denial.”

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“SERAP’s request was deemed denied on 6th July, which is the expiration of 7 days. Therefore, SERAP has 30 days pursuant to section 20 of the Act to apply to this Court.”

“SERAP’s 30 days within which to bring this suit expired on 5th of August 2021, whilst the motion on notice was filed on the 9th of November 2021, outside the 30 days stipulated by the Act. Consequently, this suit is statute barred.”

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“In response, SERAP’s counsel argued that this suit was not commenced via the motion of notice dated 8th November 2021. This suit was initiated by a motion exparte dated 13th July 2021 but filed on the 15th of July 2021, after the expiration of the 7 days period required of the minister to respond to the FOI request by SERAP.”

“This is in compliance with section 20 of the Freedom of Information Act and Order 34 Rule 3(1) of the Federal High Court (Civil Procedure) Rules 2019.”

“The above are the submissions of counsel as regards the preliminary objection by the minister. I agree with SERAP’s counsel that the minister did not carry out a proper search of the casefile before filing the preliminary objection.”

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“It is obvious that SERAP commenced this suit via a motion exparte dated 13th of July 2021 but filed 15th of July 2021, which is well within the time to file this action after the denial of the information requested from the minister.”

“SERAP complied with section 20 of the Freedom of Information Act in filing this suit. Therefore, this suit is not statute barred and I dismiss the minister’s preliminary objection. I so hold.”

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SERAP deputy director Kolawole Oluwadare said: “This ground-breaking judgment is a victory for transparency and accountability in the spending of public funds.”

“Justice Dipeolu’s judgment shows the urgent need for the Tinubu government to genuinely address the systemic allegations of corruption in the Ministry of Humanitarian Affairs, Disasters Management and Social Development and other ministries, departments and agencies, as documented by the Auditor-General of the Federation.”

“We commend Justice Dipeolu for her courage and wisdom, and urge President Bola Tinubu to immediately obey the court orders.”

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Femi Falana, SAN said on the judgment: “SERAP deserves the commendation of all well-meaning people that have agonised over reports of systemic corruption in the Ministry of Humanitarian Affairs, Disasters Management and Social Development and in other MDAs.”

“This is one of the most patriotic public interest litigation ever undertaken in Nigeria. We call on the Tinubu government to use the judgment as the basis for comprehensively addressing cases of corruption in the ministry and bringing to justice those suspected to be responsible as well as recovering proceeds of corruption.”

In the letter dated 6 July 2024 sent to President Bola Tinubu on the judgment, and signed by SERAP deputy director, Kolawole Oluwadare, the organization said, “We urge you to demonstrate your expressed commitment to the rule of law by immediately obeying and respecting the judgment of the Court.”

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SERAP’s letter, read in part: “We urge you to direct the Ministry of Humanitarian Affairs, Disasters Management and Social Development and the office of the Attorney General of the Federation to immediately compile and release the spending details of the N729 billion as ordered by the court.”

“The immediate enforcement and implementation of the judgment by your government will be a victory for the rule of law, transparency and accountability in the governance processes and management of public resources including the N729 billion.”

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“By immediately complying with the judgment, your government will be demonstrating to Nigerians that it is different from the Buhari government, which persistently and brazenly defied the country’s judiciary, and sending a powerful message to politicians and others that there will be no impunity for grand corruption.”

“Immediately implementing the judgment will restore trust and confidence in the independence of Nigeria’s judiciary. SERAP urges you to make a clean break with the past and take clear and decisive steps that demonstrate your commitment to the rule of law, transparency and accountability in the governance processes.”

“SERAP trusts that you will see compliance with this judgment as a central aspect of the rule of law; an essential stepping stone to constructing a basic institutional framework for legality and constitutionality. We therefore look forward to your positive response and action on the judgment.”

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The suit was filed against the former Minister of Humanitarian Affairs, Disasters Management and Social Development. The suit followed the minister’s decision in January 2021 to “pay about 24.3 million poor Nigerians N5,000 each for a period of six months to provide help to those impoverished by the COVID-19 pandemic.

Metro

Court Jails Football Coach For Sodomising Minor Player

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A Kano State High Court has sentenced a football coach, Hayatu Muhammad, to eight years in prison for sodomising one of his underage players.

The presiding judge, Justice Musa Dahuru Muhammad, delivered the judgment on Wednesday, sentencing Hayatu without the option of a fine.

According to the prosecution, the coach, who lives in Sanka area of Kano metropolis, committed the offence twice in different locations. He initially pleaded not guilty to the charges.

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To prove the case beyond reasonable doubt, the state counsel, Barrister Ibrahim Arif Garba, presented five witnesses who testified against the defendant.

In his defense, Hayatu took the witness stand alone.

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The prosecution stated that his action violated Section 284 of the Penal Code Law, which criminalises sodomy.

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After reviewing all the evidence and witness statements, Justice Dahuru ruled that the prosecution had successfully proved the case.

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He sentenced Hayatu to four years in prison on each of the two counts, to run concurrently — meaning he will serve a total of eight years starting from the day of the judgment.

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Lagos Fire Service Rescues Woman From 60-foot Well In Ikorodu

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The Lagos State Fire and Rescue Service has saved a 32-year-old woman who accidentally fell into an uncovered well approximately 60 feet deep at No. 14 Mustapha Bolatiwa Street, off Agric Bus Stop, in the Ikorodu area of the state.

The incident, which drew a large crowd of onlookers, was described by residents as “nothing short of a miracle.”

Eyewitnesses said the woman, whose identity had not been immediately confirmed, reportedly wandered from a nearby compound and was seated on the edge of the well before losing balance and falling in.

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Following a distress call, operatives of the Lagos State Fire and Rescue Service arrived swiftly and launched a well-coordinated rescue operation.

Confirming the incident, the Director of the agency, Mrs Margaret Adeseye, said the woman was pulled out alive after a tense and delicate rescue effort.

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“She was immediately stabilised and transported to a nearby hospital for further medical care,” Adeseye said.

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She cautioned residents to ensure all open wells and similar structures are securely covered to prevent avoidable accidents.

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Adeseye also praised the professionalism and prompt response of her team, reaffirming the agency’s unwavering commitment to protecting lives and property across Lagos State.

 

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DSS Arrests Two Dismissed Officers Over Impersonation, Fraud

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The Department of State Services, DSS, has arrested two dismissed officers, Barry Donald and Victor Onyedikachi Godwin, accused of impersonating the Service to defraud unsuspecting Nigerians.

The DSS, in a statement issued on Wednesday, confirmed that both individuals, earlier declared wanted in separate public warnings, have been arrested and will be prosecuted in accordance with the law.

“The Department of State Services recently issued disclaimers on two dismissed personnel of the Service, Barry Donald and Victor Onyedikachi Godwin. These individuals were alleged to be cloaking under the Service to engage in fraudulent activities.

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The public is hereby notified that these culprits have been apprehended and will face prosecution in accordance with the law,” the Service said.

This comes after a series of alerts by the DSS warning Nigerians against dealing with the former officers dismissed for misconduct but still parading themselves as active operatives.

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Recall that the secret police had raised the alarm over the activities of Victor Onyedikachi Godwin, accusing him of using the DSS name to defraud unsuspecting members of the public.

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In the same vein, on October 8, a separate statement was issued concerning Barry Donald, another dismissed officer alleged to be impersonating the agency for fraudulent purposes.

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The DSS said it remains committed to protecting Nigerians from impostors and maintaining public trust in the Service. It also revealed plans to publish the names of other previously dismissed personnel to prevent citizens from falling victim to similar schemes.

The DSS urged members of the public to verify all official engagements through its verified communication channels and to report any suspicious activities involving persons claiming to represent the Service.

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