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Landmark judgement: Court orders Okowa Govt to account for ver N200bn education funds, allocations

Published

3 years ago

July 30, 2023

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The Federal High Court sitting in Lagos, in a landmark judgment, has “ordered the disclosure of the spending details of over N200bn public funds collected by the government of former Delta State governor Ifeanyi Okowa from the Universal Basic Education Commission [UBEC] fund and allocations from the Federation Accounts.”

The court ordered the Delta State Governor Sheriff Oborevwori to “disclose details of budgetary allocations and actual spending by the Okowa government between 2015 and 2019, including specific projects carried out to improve primary education in Delta State, and the locations of such projects.”

The judgment was delivered by Honourable Justice Daniel Osiagor, following a Freedom of Information suit number: FHC/L/CS/803/2019, brought by Socio-Economic Rights and Accountability Project (SERAP).

In his judgment, Justice Osiagor held that, “SERAP has cognizable legal right to inquire and know the way and manner public institutions manage public funds. I must say, that every citizen has a duty to demand transparency and accountability in governance of public institutions.”

Justice Osiagor also stated that, “Why should a request for details of disbursement and spending of public funds between 2015-2019 by Delta State be a cause of litigation for four years? Public officials are fast developing a state of anomie and cold feet when confronted with request for audit report of public duties and budgets.”

Justice Osiagor ordered the Delta State government to “disclose how the Okowa government spent over N7.28 billion received from UBEC between 2015 and 2017, and N213 billion received from the Federation Accounts Allocation Committee (FAAC) in 2018, at an average of N17.8 billion monthly.”

SERAP’s suit followed the case of seven year-old Success Adegor, who was sent home because her parents could not pay the illegal school fee/levy of N900, and the poor-quality of her Okotie-Eboh Primary School 1. Miss Success had, in a viral video in March 2019 said, “No be say I no go pay, dem go flog, flog, flog, dem go tire.”

Justice Osiagor ordered the government to “disclose details of the primary schools that have benefited from the projects carried out on access to free and quality primary education in Delta State, and information on indirect costs, including uniforms, exercise books, and transport costs to students and their parents.”

Justice Osiagor also ordered the government to “disclose specific details of the steps Delta State Government is taking to improve the overall welfare of children in primary schools across Delta State, including details of government’s fee-free programme, if any, across primary schools in Delta State.”

Justice Osiagor dismissed all the objections raised by the Delta State government, Universal Basic Education Commission [UBEC] and the Delta State Universal Basic Education Board and upheld SERAP’s arguments. Consequently, the court entered judgment in favour of SERAP against the three respondents.

Justice Osiagor’s judgment, dated 17 July, 2023, read in part: “SERAP’s application cures so much disinformation in the public space. The request by SERAP falls within the categories of records accessible by the public.”

“However, public institutions are becoming increasingly hysterical upon any request served on them for information bordering on accountability.”

“The arguments of the Delta State government and the Delta State Universal Basic Education Board (SUBEB) that the Freedom of Information Act applies to only Federal Government officials cannot be sustained as public institutions are defined in Section 31 of the Interpretation section to include State institutions.”

“Besides, any State Freedom of Information Law that runs contrary to the Federal legislation to the extent of the inconsistency shall be void. See Section 4(5) of the Constitution of Nigeria, 1999 [as amended]. National Assembly’s legislative powers is for the peace, order and good government of Nigeria.”

“The Delta state government’s reliance on the Delta State Freedom of Information Law, 2019 is inappropriate in this case. The retrospective application of the Delta State piece of legislation is hollow as it cannot divest the vested rights of SERAP.”

“The Freedom of Information Act was the only piece of legislation applying to Delta prior to the filing of this suit by SERAP by the doctrine of covering the field. I am not unmindful of the concurrent powers of legislation between the Federal and State legislatures. There is therefore no feature depriving this court of jurisdiction.”

“Besides, the Delta State procedural step is inapplicable as it was not in existence when this cause of action arose. I therefore hold that SERAP has effectively triggered the application of the Freedom of Information Act by their letters of April, 2019 placing demands for information from the Delta State government.”

“The Freedom of Information Act is a liberalized piece of legislation did not place a burden on an Applicant but rather to the contrary places a burden on the public institution/official that the request is forwarded to. See Section 1[2] of the Act which provides: ‘an applicant under this Act needs not demonstrate any specific interest.”

“The piece of legislation therefore clothed SERAP with the firm ground to apply and demand the Delta State government to within 7 days respond to the request. For all I have been postulating herein, I find merit in the application by SERAP and grant all the reliefs as sought.”

“The Delta State government and the Delta State Universal Basic Education Board neither responded to the letters by SERAP nor complied with the demands, hence this action for mandamus to compel them under the Freedom of Information Act.”

“SERAP’s action therefore, puts the provisions of the Freedom of Information Act to a litmus test regarding the right of an NGO to seek and obtain information from the public archives or records.”

“The Freedom of Information Act should be commendable in this Democratic dispensation as its implementation becomes a derivative action underpinning Section 39 of the Constitution of Nigeria, 1999 [as amended] of the freedom of expression and holding opinions.”

“In the letter dated 29 July 2023 sent to Governor Sheriff Oborevwori on the judgment, and signed by SERAP deputy director, Kolawole Oluwadare, the organization said, “We note your stated commitment in your inaugural speech ‘to deliver good governance to our people.’ We therefore urge you to immediately obey and respect the judgment of the Court.”

SERAP’s letter, read in part: “We urge you to invite the former State governor Ifeanyi Okowa and to direct the Delta State Universal Basic Education Board to explain the spending of the education funds and to immediately compile and disclose the spending details of the funds as ordered by the court.”

“By immediately complying with the judgment, your government will be sending a powerful message to politicians and others that they will be held to account even when out of office.”

Mr Okowa was the vice presidential candidate of the Peoples Democratic Party (PDP) in the 2023 general elections. Joined as defendants in the suit are the Universal Basic Education Commission [UBEC] and the Delta State Universal Basic Education Board (SUBEB).

Justice Osiagor granted the following orders of mandamus:

AN ORDER OF MANDAMUS is hereby made directing and compelling the Delta State Governor and Delta State government to provide SERAP with the following information:
[a] Details of budgetary allocations and actual spending by Delta State Government between 2015 and 2019, including specific projects carried out to improve access to free and quality primary education in Delta State, the locations of such projects and the primary schools that have benefited from the projects.

[b] Specific details of the steps Delta State Government is taking to improve the overall welfare of children in primary schools across Delta State.

[c] Details of Delta State Government’s fee-free programme, if any, across primary schools in the Delta State and information on indirect costs, including uniforms, exercise books, and transport costs to students and their parents.

[d] Details of specific projects by Delta State Government to improve access to education for children with disabilities.

AN ORDER OF MANDAMUS is hereby made directing and compelling the Universal Basic Education Commission [UBEC] to provide SERAP with the following information:
[a] Details of disbursement and administration of Universal Basic Education Commission (UBEC) funds disbursed through the Delta State Universal Basic Education Board to the Delta State Government.

[b] Details of reports, if any, made to UBEC by the Delta State Government on specific projects carried out to ensure improvement of access to free and quality primary education in Delta State between 2015 and 2019, the locations of such projects and the primary schools that have benefited from the projects.

[c] Specific details of the steps the Universal Basic Education Commission (UBEC) is taking to ensure improvement of the overall welfare of children in primary schools across Delta State.

[d] Details of specific projects by the Universal Basic Education Commission (UBEC) to ensure improvement of access to education for children with disabilities in Delta State.

AN ORDER OF MANDAMUS is hereby made directing and compelling the Delta State Universal Basic Education Board to provide SERAP with the following information:
[a] Details of disbursement and administration of Universal Basic Education Commission (UBEC) funds disbursed through the Delta State Universal Basic Education Board to the Delta State Government and actual spending of the State Government on primary school education monitored by the Board between 2015 and 2019, including specific projects carried out to improve access to free and quality primary education in Delta State, the locations of such projects and the primary schools that have benefited from the projects.

[b] Specific details of the steps the Board is taking to ensure improvement of the overall welfare of children in primary schools across Delta State.

[c] Details of Delta State’s fee-free programme, if any, across primary schools in the state and information on indirect costs, including uniforms, exercise books, and transport costs to students and their parents.

[d] Details of specific projects by the Board to ensure improvement of access to education for children with disabilities.

Related Topics:Ifeanyi Okowa Okowa SERAP

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Wale Tinubu, Rabiu, others Join President Tinubu in Makkah for Umrah

Published

15 hours ago

October 31, 2026

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The Group Chief Executive Oando Plc, Jubril Adewale Tinubu; Chairman of BUA Group, Abdul Samad Rabiu, and several other Nigerian business mogul have joined President Bola Ahmed Tinubu in Makkah, Saudi Arabia, for the performance of Umrah, the lesser Islamic pilgrimage.

The presence of the prominent Nigerian business leaders alongside the President in the holy city has drawn attention, bringing together three influential figures from Nigeria’s political and business communities in a moment of religious observance.

Tinubu and Rabiu, both prominent names in Nigeria’s corporate landscape, were seen alongside the President dressed in the traditional white Ihram garments worn by Muslim pilgrims performing Umrah.

Umrah, unlike the obligatory Hajj pilgrimage, can be undertaken at any time of the year. It involves a series of religious rites in Makkah and holds profound spiritual significance for Muslims across the world.

For the Nigerian business community, the appearance of the corporate leaders alongside the President also offers a glimpse into the intersection of faith, business and public life, particularly when influential figures come together outside the usual settings of boardrooms, corporate engagements and official functions.

The development comes as President Tinubu undertook the pilgrimage to seek divine guidance and offer prayers for Nigeria’s peace, unity, stability and progress.

According to the Presidency, the President performed the Umrah rites early Friday, October 30, at the Grand Mosque, Masjid al-Haram, where he circumambulated the Holy Ka’abah.

Speaking after completing the spiritual exercise, Tinubu described the pilgrimage as significant, linking it to his commitment to Nigeria and its people. He also expressed gratitude to Allah for the opportunity to pray for the country.

The President’s prayers reportedly centre on national harmony, security, economic prosperity and the need for Nigerians to live together peacefully.

Rabiu also used the occasion to express his hopes for the country, describing it as an honour to accompany the President on the spiritual journey. He prayed for lasting peace, unity and prosperity in Nigeria.

For Tinubu, whose Oando Group occupies a prominent position in Nigeria’s energy industry, the journey offered a departure from the familiar world of corporate leadership and business engagements. Rabiu, similarly, is a major player in the country’s industrial sector, with interests spanning manufacturing, cement and food production.

Their appearance in Makkah alongside the President underscores the presence of leading figures from Nigeria’s private sector at an important spiritual moment for the country’s leader.

Umrah, often described as the lesser pilgrimage, is a significant act of worship in Islam. Unlike Hajj, which takes place during a specific period in the Islamic calendar, Umrah can be performed throughout the year.

President Tinubu is expected to return to Nigeria next week after completing his spiritual engagements in Saudi Arabia.

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Atiku’s son Abba Abubakar promises to deliver Adamawa for Tinubu

Published

20 hours ago

October 31, 2026

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Abba Abubakar, son of former Vice-President Atiku Abubakar, has promised to deliver Adamawa, his father’s state, for President Bola Tinubu in the 2027 elections.

He spoke on Friday at the All Progressives Congress (APC) national secretariat in Abuja during the Haske Bola Tinubu Organisation (HBTO) unveiling and the launch of its subsidised public transportation support scheme.

Abubakar, HBTO founder, said his decision to back Tinubu is not an attempt to antagonise his father, the African Democratic Congress (ADC) presidential candidate.

“I recognise that political decisions, particularly those that differ from the positions of individuals with whom one shares personal and family relationships, often attract considerable public attention,” he said.

“However, political conviction is a matter of personal judgment, conscience, and the freedom of every individual to make independent choices.

“My decision to establish and lead the HBTO is a deliberate political choice made with a firm belief in the direction we have chosen.”

He said democracy is strengthened when individuals can make independent political choices, engage in constructive dialogue, and support the leadership and political platforms they believe best represent their aspirations.

“It is within this spirit that HBTO was established,” he said.

He commended the economic reforms introduced by the Tinubu administration, citing the Nigerian Education Loan Fund (NELFUND), national infrastructure investments, increased statutory allocations to state governments, and transport support schemes as some of the key social intervention programmes.

Asked whether he would ensure the president gets maximum votes in Adamawa, Abubakar said: “Yes, yes, yes. We are going to deliver Adamawa state.”

He, however, said his decision should not be seen as a betrayal of his family ties or his father’s political aspiration.

“I’ve always supported my father since I started acting in politics, and I supported him because of what he has done for the country,” he said.

“But I believe that whenever a government comes out with policies that will help the people, I will join them.

“It’s not just because it’s my father. I don’t think I am antagonising him; I simply believe in the current government’s policies and the reforms taking place.”

Abubakar joined the APC in January 2026, vowing to mobilise support for Tinubu’s re-election.

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Good morning! Nigerian Newspapers Headlines: How AI-generated photos entered voter register, by INEC

Published

24 hours ago

October 31, 2026

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1. The Independent National Electoral Commission (INEC) yesterday blamed some of its registration officers across the country for the appearance of suspected artificial intelligence (AI)-generated photographs and other irregularities in its preliminary voters’ register.

The commission alleged that some officials exploited their authorised access to its registration system to introduce questionable records into the database.

2. Rising temperatures, compounded by erratic electricity supply, are forcing residents in many states to sleep outdoors, take repeated night-time baths and spend more on alternative power sources as households struggle to cope with the heat. While many Nigerians who spoke with Saturday PUNCH reported prolonged blackouts and inadequate water supply, others said the conditions had made nights uncomfortable.

3. Troops conducting internal security operations across the country killed more than 217 terrorists and other armed criminals in October, the Defence Headquarters, DHQ, has said. The operations, conducted between September 30 and October 30, also led to the rescue of hundreds of kidnapped victims, the arrest of suspected terrorists and their collaborators, and the surrender of more than 50 terrorist fighters and their family members.

4. A businessman, Akinbolusere Kayode, popularly known as Tolufe, has allegedly committed suicide at Igba town in Ondo State, after lamenting his personal and business challenges in a video that has gone viral on social media. Akinbolusere, 46, reportedly died in his office beside BOVAS Petrol Station, Igba Town, at about 3 pm on Thursday. The State Police Command confirmed his death in a statement issued by its spokesperson, Jimoh Abayomi, in Akure on Friday evening.

5. Omoyele Sowore, presidential candidate of the African Action Congress, AAC, and the Ekiti State Police Command have given conflicting accounts of an incident at a restaurant in Ado-Ekiti, Ekiti State, on Friday. While Sowore insisted that he and members of his team were violently attacked, the police described the incident as an altercation with some individuals, saying the activist sustained a minor injury.

6. The Federal Capital Territory Police Command has arrested a pastor, Edwin Nwabueze, and another suspect, Sadiq Jamiu, over the alleged theft of a Toyota Camry in Abuja. The vehicle was reportedly stolen at UTC Plaza in the Garki area of the Federal Capital Territory. The police said Nwabueze, who identified himself as a pastor with Salvation Power Bible Ministry in the North Bank area of Benue State, was arrested, following investigations into the theft.

7. Kemi Badenoch, leader of Britain’s Conservative Party, says “racist attacks” against her are “not going to work”, after Raheem Kassam, a former aide to Nigel Farage, called her a “Nigerian scammer”. Badenoch spoke during an interview on ITV’s Good Morning Britain on Thursday, following a series of posts by Kassam criticising her.

8. Senator Adams Oshiomhole has defended President Bola Tinubu’s decision not to attend every campaign rally ahead of the 2027 general elections. He insisted that there is no contradiction between the President’s religious activities and his responsibility to govern the country. Oshiomhole said Tinubu’s decision to limit his participation in campaign activities was a matter of choice and the prerogative of the ruling All Progressives Congress.

9. The Nigeria Security and Civil Defence Corps, Kano State Command, has busted an illegal diesel refining site at Panisau, Ungoggo Local Government Area of Kano State, leading to the arrest of five suspects. This was disclosed on Friday in a statement signed by the command’s Public Relations Officer, Ibrahim Abdullahi.

10. A 15-year-old Ghanaian boy, Javits Frimpong, has been shot and killed in the Bronx, New York, while on his way to school, with his father alleging that bullying at school may have contributed to the incident. Frimpong was shot in the stomach near East 171st Street and Third Avenue shortly after 9 a.m. on Thursday, according to law enforcement officials. The shooting happened just steps from his home.