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).

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.”

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.”

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.”

“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.”

“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.”

“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.”

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.”

“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.”

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.

The Lagos State Government has given a 48-hour vacation notice to squatters and owners of illegal structures along Gbagada-Bariga drainage channel.

The state Commissioner for the Environment and Water Resources, Tokunbo Wahab, disclosed this in a post on X.com on Sunday.

Wahab added that the channel has been blocked by squatters who live there and property owners who built structures that obstruct the flow of water, which also contributed to the flooding in the area.

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His post read in part, “The drainage channel which defloods Bariga, Gbagada, Sholuyi downstream communities and environs, and discharges into System 1 has been taken over by squatters who have constituted nuisance and security risks to the estate, and property owners who deliberately built to obstruct free flow of water in the area.

“Shanties were erected along the length of the channel, and their activities blocked collectors that are supposed to carry stormwater into the channel, which resulted in the flooding experienced during the week.”

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He added that upon expiration of the notices served, operatives of the Lagos State Ministry of Environment and Water Resources will commence the removal of the contravening structures in order to deflood the area.

The PUNCH reports that business and commercial activities were grounded on Wednesday following a 10-hour downpour in many parts of Lagos and Ogun states.

The resulting flooding brought down a two-storey building in the Mushin area of Lagos, grounded vehicular movement on the roads, and overwhelmed thousands of residents while pupils could not attend schools in parts of the states.
PUNCH

The Transmission Company of Nigeria on Sunday said the national power grid has been restored following Saturday’s collapse.

The TCN Public Affairs General Manager, Ndidi Mbah described the collapse as partial, saying that “there was a partial disturbance of the grid at about 15.09Hrs yesterday, 6th July 2024.”

According to her, the incident “brings to three, the partial grid disturbances, with one total disturbance this year.”

The TCN spokesperson said the grid collapse is suspected to have been triggered by the unexpected tripping of three units of a power-generating station which she said suddenly removed 313MW from the grid, causing system instability that led to the loss of bulk supply to a section of the national grid.

“Meanwhile, the system operator reacted to the sudden drop in generation which led to a dip in frequency by islanding a section of the grid which includes the Ibom Power Station through which the company continued to feed Uyo, Aba, Itu, Eket, Calabar, etc. even when the other section of the grid had no supply.

“Also, the operators commenced grid restoration efforts immediately after the incident. At about 21.57 hrs yesterday, the entire part of the grid that was affected by today’s incident was successfully restored,” Mbah said.

Meanwhile, electricity consumers have condemned the repeated collapse of the national power grid.

READ ALSO: Outage As National Grid Collapses Again

A checkconfirmed that power generation from all power plants dropped to a paltry 70MW at 3 pm after it peaked at 3916MW around 10 am on Saturday.

It was observed that the distribution companies got zero allocation as of Saturday evening.

This grid collapse came barely three days after the Nigerian Electricity Regulatory Commission approved a tariff increase for Band A customers, from N206.80 per kilowatt-hour to N209.50/kWh.

While speaking with our correspondent, the Executive Director, Electricity Consumer Protection Advocacy Centre, Princewill Okorie, regretted that the grid keeps collapsing despite the hike in electricity tariff.

Okorie lamented that unmetered customers would still be made to pay for the period of the collapse, wondering what the government has been doing to stop the incidents.

“What are the causes of these grid collapses? Are the materials used in building the grip of good quality and standard? Who is managing the grid? The players in the sector are more interested in collecting money from the consumers rather than making the system stable.

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“What you hear more about the power sector is payment. The money that the international communities are bringing to the industry and the money that is unlawfully collected from the consumers, where are they being utilised? The operational expenditures of the DisCos, and how do they spend them?

“In the past few months, they keep increasing tariffs yet there is inefficiency in the power sector. They are interested in collecting money, but whether the money is judiciously utilised or not, nobody cares.

“They keep overbilling customers. The desperation to collect revenue from customers for services not delivered is a challenge.

“Now that the grid collapsed, the unmetered customers will still be made to pay for darkness. That is injustice. The government should address this issue of grid collapse once and for all,” Okorie warned.

Also, the Convener and Executive Director of PowerUp Nigeria, an electricity consumer right and power sector policy advocacy organisation, Adetayo Adegbemle,  said everyone involved in the electricity value chain should be embarrassed by their inability to stop grid collapses.

Adegbemle held that some people should be shown the way out to fix the situation.

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“I think everyone involved in the value chain should be embarrassed by the regular occurrence and inability to put measures in place to avoid this constant grid collapse. It is unfortunate because everyone throws the blame on others

“And I believe if heads had been rolling for people not taking responsibility for it, someone would have stood up to fix this problem,” he stated.

Suggesting the way out, Adegbemle said, “There’s a need to align the value chain, this was something the Siemens deal boasted to achieve. I expect that if the head of TCN, for instance, is to lose his job tonight, the next MD would be more willing to work with other subsectors to ensure this does not happen again.

“From whatever we need to forestall this grid collapses, it is definitely in the hands of the leadership of the TCN, especially.”

Commenting on the grid disturbance on Saturday, the Enugu Electricity Distribution Company said its TCN stations are out of supply, saying it is unable to provide services to customers in Abia, Anambra,  Ebonyi,  Enugu, and Imo States.

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“The Enugu Electricity Distribution Company wishes to inform its esteemed customers of a general system collapse which occurred at 15:09 hours today, 6th July 2024. This has resulted in the loss of supply currently being experienced across the network.

“Due to this development, all our interface TCN stations are out of supply, and we are unable to provide services to our customers in Abia, Anambra,  Ebonyi,  Enugu, and Imo States.

“We are on standby awaiting detailed information of the collapse and restoration of supply from the National Control Centre, Osogbo,” a statement by the EEDC Head of Corporate Communications, Emeka Ezeh, read.

Also, the Kano DisCo said, “We regret to inform you that the power outage being experienced in our franchise states is due to system collapse of the national grid. The collapse occurred at about 3:10 pm, hence the loss of supply on all our outgoing feeders.

“Power supply shall be restored as soon as the National Grid is powered back. Our sincere apologies for any inconvenience.”