– Ngozi Okonjo-Iweala, Nigeria’s former minister of
finance, was ordered to explain the spending of the
N30 trillion
– The Federal High Court in Lagos examined the
Socio-Economic Rights and Accountability Project
(SERAP) and found the lawsuit cogent
– Neither Mrs Okonjo-Iweala nor the federal
government have no legal grounds for refusing to
provide the information requested for
The Federal High Court in Lagos has directed Ngozi
Okonjo-Iweala, a former minister of finance, and the
federal government to provide data on the N30
trillion “lost” during the administration of former
President Goodluck Jonathan.
The judgment was delivered last week by Hon Justice
Ibrahim Buba following a Freedom of Information suit
number FHC/L/CS/196/2015 brought by the Socio-
Economic Rights and Accountability Project (SERAP).
Premium Times shared details of the judgment
contained in a press release made
availbale by Olukayode Majekodunmi, SERAP’s
Deputy Director, on Sunday.
In brief, the court agreed with the arguments by
SERAP’s deputy director, Olukayode Majekodunmi,
that Mrs Okonjo-Iweala and the federal government
“should have either supplied the information
requested by SERAP or communicate her denial
within seven days of receipt of the letter from SERAP
if she considers that the request should be denied.”
The judgment by Justice Buba reads in part:
“Preliminary objection by Mrs Okonjo-Iweala and the
Federal Government is misconceived, the court
upholds the arguments by SERAP for the reasons
stated herein. SERAP commenced this proceeding by
way of Originating Summons dated 23 February 2015
and filed 25 February 2015. Mrs Okonjo-Iweala and
the Federal Government filed a Memorandum of
Conditional Appearance, a Notice of Preliminary
Objection and written address, all undated but filed
on 29 September 2015.
The preliminary objection is on the following
grounds: that SERAP did not obtain the mandatory
leave of the Federal High Court to issue and serve
the Originating Summons and other processes
outside Lagos State; that there is no mandatory
endorsement on the Originating Summons that it is
to be served on Mrs Okonjo-Iweala and the Federal
Government in Abuja and outside jurisdiction of this
Court.
The only issue for determination is whether Mrs
Okonjo-Iweala and the Federal Government should be
heard on their preliminary objection considering the
totality of the circumstances of this case. He who
wants equity must do equity. This suit was filed on
25 February 2015 and from the record of the court
was served on Mrs Okonjo-Iweala and the Federal
Government on 3rd July, 2015. It took about 3
months for them to come up with technical response
to the simple request for information under the
Freedom of Information Act 2011.
Mrs Okonjo-Iweala and the Federal Government have
therefore been caught by Order 29 of the Rules of this
Court, which requires that an application shall be
made within 21 days after service on the Defendants
of the originating summons. If Mrs Okonjo-Iweala
and the Federal Government want to raise issues
about service, the law does not permit of demurrer.
The proper route for them should have been to join
issues with the originating summons and also file
their objections. In the present case by SERAP, the
Notice of Preliminary Objection by Mrs Okonjo-Iweala
and the Federal Government is incurably defective for
not conforming to order 29 of the Rules of this Court.
The process adopted by Mrs Okonjo-Iweala and the
Federal Government in this suit is to come by way of
demurrer. This process has long been abolished by
the Rules of this Court. By Order 16 Rule 1 of the
Rules of this Court, no demurrer shall be allowed and
rule 2 provides that a party shall be entitled to
pursue by his pleadings any point of law and any
point of law so raised shall be disposed by the judge
who tries the cause at or after trial.
The implication of this clear provision of the rule of
court is that Mrs Okonjo-Iweala and the Federal
Government must join issues with SERAP on the
originating summons no matter how flimsy, instead
of looking for a technical way out. This technical way
out has failed.
The concept of demurrer as presently raised by Mrs
Okonjo-Iweala and the Federal Government is no
longer known to law especially the Federal High
Court of Nigeria. It is the position of the law that the
application of Mrs Okonjo-Iweala and the Federal
Government should fail.
Mrs Okonjo-Iweala and the Federal Government,
having failed to file Counter Affidavit to SERAP’s suit,
are deemed to have forfeited that option of filing
anything again. Having shown why the Application
by Mrs Okonjo-Iweala and the Federal Government
should be dismissed for failing to join issues with
SERAP, the originating process must be moved on
the merits.”
More details at Premium Times.
Earlier, Charles Soludo, the former Governor of
Central Bank of Nigeria (CBN), claimed that at least
N30 trillion “has either been stolen or unaccounted
for, or grossly mismanaged over the last few years
under the Coordinating Minister of the Economy and
Minister of Finance, Dr Ngozi Okonjo-Iweala’s
watch.”
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