Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against Dr Osagie Ehanire, Minister of Health and Dr Chikwe Ihekweazu, Director General, Nigeria Centre for Disease Control (NCDC), over “their failure to account for the public funds and other resources so far spent and used to combat the spread of COVID-19 in Nigeria.”

In the suit number FHC/ABJ/CS/616/2020 filed last week at the Federal High Court, Abuja, SERAP is seeking: “an order for leave to apply for judicial review and an order of mandamus to direct and compel the Minister of Health and the NCDC to publish details of the funds and resources from federal and state governments, and the private sector, as well as details of how the funds and resources have so far been spent and used to combat COVID-19.”

SERAP is also seeking: “an order of mandamus to direct and compel the Federal Government to disclose information on the exact number of tests that have been carried out for high-ranking public officials and politicians, the number of any such high-ranking public officials and politicians now in self-isolation or quarantine, as well as the exact number of tests that have been carried out for the country’s poorest and most vulnerable people.”

SERAP is arguing that: “Transparency in the use of COVID-19 money would help to reduce the risk of corruption or opportunism, build trust and engage Nigerians in the fight against coronavirus as well as safe lives. Transparency and accountability are important to implementing an effective response to COVID-19 and slowing the spread of the virus in the country.”

According to SERAP: “Nigerians have the right to know the details of spending of COVID-19 money, as this is essential to the fight against corruption, and will foster the development of democratic institutions and the rule of law in Nigeria.”

The suit followed SERAP’s Freedom of Information (FoI) requests dated 27 March 2020 to the Minister of Health and the NCDC, expressing “concern that lack of transparency in the use of the funds and resources to combat COVID-19 would lead to diversion or mismanagement of funds and resources, unnecessarily cost lives, and result in serious damage to public health in the country.”

According to SERAP: “Millions of Nigerians continue to lack access to an improved water source and to proper sanitation, thereby making them vulnerable to COVID-19 and other illnesses. Yet, the Ministry of Health and the NCDC have failed and/or refused to disclose whether there is any collaborative work with the Ministry of Water Resources to provide vulnerable Nigerians with safe water, sanitation, and hygienic conditions.”

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Atinuke Adejuyigbe, and Opeyemi Owolabi, read in part: “The information SERAP is seeking to access is permitted under the Freedom of Information Act 2011 and the African Charter on Human and Peoples’ Rights to which Nigeria is a state party.”

“The Federal Government has a legal duty to ensure that information on the spending of COVID-19 money and resources is released to SERAP and widely published. It is not too much to ask for details of measures to protect health workers and procedures put in place to ensure that COVID-19 money is not diverted, mismanaged or stolen.”

“The Federal Government has no legally justifiable reason for refusing to provide SERAP with the information requested, and therefore, this court ought to grant SERAP the order directing and compelling the Federal Government to publish details of spending of COVID-19 money.”

“There are reports of lack of transparency in the use of the funds and resources being mobilised to combat coronavirus, and that authorities are prioritising home testing of politicians, with some reportedly taking multiple tests. Politicians engaging in multiple tests for coronavirus have in turn slowed the number of tests for the country’s poorest and most vulnerable people.”

“The suit is in the public interest, as it bothers on issues of national interest, public welfare and interest, social justice, good governance, transparency and accountability. Obedience to the rule of law particularly by 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.”

“Nigerians are entitled to know how the commonwealth is being utilized, managed and administered in a democratic setting, as this positively influences the feeling of belonging in the society. This right to know will no doubt help in promoting a transparent democracy, good governance and public accountability.”

SERAP is seeking the following reliefs:

AN ORDER granting leave to the Applicant to apply for judicial review and seek an order of mandamus directing and compelling the Respondents to provide and disclose the following information to the Applicant:
A. Details of exact funds and other resources allocated by the Nigerian authorities and private sector donations to the Respondents to improve Nigeria’s health facilities to combat the spread of COVID-19 in Nigeria;

B. Details of spending and planned spending of any such funds, other resources and donations to combat the spread of COVID-19 in Nigeria;

C. Details of efforts made by the Second Respondent to make NCDC’s website functional and accessible and to publish weekly spending on initiatives by the NCDC, including on NCDC’s website;

D. Details of processes and procedures put in place to ensure that the funds, other resources and donations allocated to combat COVID-19 are not diverted, mismanaged or stolen;

E. Details of measures to protect health workers and to encourage the country’s poorest and most vulnerable people to come forward for testing and to escalate testing for this group;

F. The exact number of tests that have been carried out for high-ranking public officials and politicians, the number of any such high-ranking public officials and politicians now in self-isolation or quarantine, as well as the exact number of tests that have been carried out for the country’s poorest and most vulnerable people

No date has been fixed for the hearing of the suit.