The Abuja Division of the Federal High Court has ordered the government of President Bola Tinubu to release details of how then-President Muhammadu Buhari’s regime spent N535.8 million on meals for schoolchildren during the COVID-19 pandemic lockdown. 

Specifically, Justice Nkeonye Maha, in a judgement, directed humanitarian minister Betta Edu and the ministry to furnish a civil society group with the information sought in line with section 25(1) of the Freedom of Information (FOI) Act, 2011.

The judge held that the failure of the federal government to respond to the group’s letter dated August 6, 2020, or even give a reason for the refusal to respond to the request as prescribed under the FOI Act contravened section 4(a) and (b) of the act.

“In view of all the matters before me and flowing from the objectives of the FOI Act 2011, the court hereby orders the 1st and 2nd defendants, in line with Section 25(1) of the FOI Act, to furnish the plaintiff with the information sought in Reliefs 3(a), (b), (c), (d),” the judge declared.

The judge also ordered the minister to comply with the court’s orders within 21 days.

She, however, refused to grant “reliefs 3(e), (f) and (g)” of the plaintiff.

The Incorporated Trustees of Kingdom Human Rights Foundation International had filed the suit, marked FHC/ABJ/CS/1162/2020, following the alleged refusal of the then-minister under the Buhari regime, Sadiya Umar-Farouq, and her ministry to respond to the information sought.

The group alleged that independent investigation and available information “revealed that the so-called modified and implemented school feeding programme during lockdown against the coronavirus pandemic was a scam, cover-up and well-articulated fiction to embezzle public funds.”

It said the development was contrary to the statement by Ms Umar-Farouq during the task force briefing on COVID-19 on August 3, 2020.

Therefore, in the originating summons, the group sued the minister, the ministry and the Presidential Task Force on COVID-19 as the first, second and third defendants, respectively.

Also joined in the suit are the secretary to the government of the federation (SGF) and the Independent Corrupt Practice and Other Related Offences Commission (ICPC) as the fourth and fifth defendants, respectively.

The group sought an order of mandamus compelling the first defendant (minister) to immediately release and make available to it all the information and documents requested in its application letter, to provide “details, accompanied by documentary evidence of how the N523,273,800 million was spent on the school feeding programme during the COVID-19 lockdown in three states following the presidential directive as disclosed to Nigerians by the 1st defendant during the Presidential Task Force on COVID-19 briefing of Monday, August 3, 2020, in Abuja.”

The group also requested “details with the aid of documentary evidence disclosing how the said N523,273,800 million was dispatched or distributed to the 124,589 households whom the first defendant claimed received take-home rations valued at N4,200.00, to wit: in the FCT, 29,609 households were impacted; 37,589 households in Lagos and 60,391 in Ogun, making a total of 124,589 households impacted between May 14 and July 6. If 124,589 households received take-home rations valued at N4,200, the amount will be N523,273,800.”

It requested “facts with the aid of documentary evidence,” disclosing whether the 124,589 households whom the first defendant claimed received take-home rations valued at N4,200 received it in cash or if they received food items.

“If the 124,589 households whom the first defendant claimed received take-home rations valued at N4,200 received it by cash, facts with the aid of documentary evidence, including state-by-state photographs of those distributing and those receiving, disclosing whether they were given cash of N4,200 or food items valued N4,200.

“Should the 1st defendant claim that the 124,589 households received N4,200 by bank transfer, facts disclosing that the N4,200 was paid into their various bank accounts, including disclosing the bank account numbers of the 124,589 households whom the first defendant claimed received take-home rations valued at 4,200 each,” the group added.

It demanded the phone numbers of the 124,589 households “whom the first defendant claimed received take-home rations valued at N4,200 or the phone numbers of their heads of family, including state-by-state addresses of the 124,589 households “whom the first defendant claimed received take-home rations valued at N4,200 to enable the plaintiff” to confirm if they received the items immediately.

The group said it instituted the suit in the public interest and promotion of the rule of law, accountability, probity, transparency and strengthening constitutional democracy and good governance.

Responding, the minister and the ministry, in their counter-affidavit, argued that they did not refuse to provide the information sought as the information had been disclosed in their counter-affidavit.

They also argued that information sought by the plaintiff, which bordered on addresses and phone numbers of beneficiaries, was personal information and that such disclosure was exempted under section 14 of the FOI Act.

The federal government said the amount expended on the school feeding programme during the period was N535,873,800 for 127,789 households and not 523,273,800 for 124,589, as alleged by the group.

The government, however, said they did not disburse cash but food items.

Delivering the judgment, Ms Maha struck out the names of the third, fourth and fifth defendants from the suit, pointing out that the plaintiff failed to disclose a cause of action against them.

In the decision delivered on October 30 and the certified true copy (CTC) sighted on Wednesday, the judge said the suit succeeded in part, agreeing with the argument of the minister and the ministry that the 127,789 households had not consented to the disclosure of their details as required by law.

She also refused to grant the request to release the beneficiaries’ bank account numbers, having stated that no cash was disbursed.

However, the judge held that there was nothing before the court to show how the food items were disbursed, and the defendants had not proved nor shown how the said N535,873,800 was distributed to the beneficiaries.

“The first and second defendants merely stated facts without proof of how the said sum was allegedly spent. All these lapses give room for conjecture and speculation, and the court does not act on speculation; rather on material evidence placed before it,” said the judge, citing section 167 of the Evidence Act.

(NAN)