Kemi Adeosun
Socio-Economic
Rights and Accountability Project (SERAP) has sued the
Director-General, National Youth Service Corps (NYSC) Brigadier-General
Sule Kazaure and the NYSC over “failure
to publish specific documents and
information on Minister of Finance Mrs
Kemi Adeosun’s application for NYSC exemption, and seeking to
compel them to explain if Adeosun obtained any Exemption Certificate
from the NYSC.”
In
the suit number FHC/L/CS/1369/18 filed yesterday
at the Federal High Court, Ikoyi,
Lagos, SERAP is seeking “an
order for leave to apply for judicial review and an order of mandamus
directing and/or compelling General Kazaure and
the NYSC to urgently provide
specific documents and
information on
Mrs Kemi Adeosun’s
application to the
NYSC for Exemption and to
publish widely including on a dedicated and
on the NYSC website, any such information.”
The
suit followed SERAP’s Freedom of Information request dated 2 August
2018 to General Kazaure, giving him 7 days to provide “information
on specific details and documents on the Exemption Certificate
applied for and obtained by Mrs Adeosun; clarify whether the NYSC
actually granted her the Exemption Certificate and if it did, the
circumstances and the provisions of the NYSC Act under which the
Exemption Certificate was granted.”
The
suit filed on behalf of SERAP by its counsel, Ms. Bamisope Adeyanju
read in part: “Suspicions
of obtaining unauthorised
certificate involving a senior member of the government if not
urgently and satisfactorily addressed would weaken public trust in
the government’s oft-expressed commitment to transparency and
accountability.
“By
the combined
provisions of section 104(1) of the Evidence Act, 2011 and
sections 14(2)(b)
14(3) and 19(2)
of the Freedom of Information Act, the NYSC, being the public
institution in charge of issuing exemption certificates from
the compulsory NYSC Programme, and
having publicly declared that Mrs. Adeosun applied for exemption,has
a duty to provide SERAP with
details and documents containing the application for exemption and
the exemption certificate itself,
if it
was granted.
“Mandamus
lies to secure the performance of a public duty in the performance
which SERAP has a sufficient legal interest. SERAP has shown that it
has demanded the performance of the duty by the NYSC in this case,
and that performance has been refused by the Director-General of the
NYSC obliged to discharge it.
“The
right of access to information should be subject to a narrow,
carefully tailored system of exceptions. Exceptions should apply only
where there is a risk of substantial harm to the protected interest
and where that harm is greater than the overriding public interest in
having access to the information.
“SERAP requested
the NYSC to
provide the information within 7 days of the receipt and/or
publication of the letter. But
since the receipt of the letter
by the NYSC and
up till the filing of this suit, the NYSC has
failed, refused and/or neglected to respond
to or grant SERAP’s request.
“This matter
is of utmost national importance and public interest, because it
borders on allegations of circumvention of the law, brought against
a high public officer ofNigeria, who
has sworn on oath to uphold the
laws of the nation; including the NYSC
Act. The grant
of this application will help reveal
the truth about the authenticity of the Exemption Certificate granted
to Mrs Adeosun.
“By
the combined provisions of Sections 1; 2; 3(4); 4; 7(1)&(5); 9;
14(2)(b)&3; 19(2); and 20
of the Freedom of Information Act, 2011, the right of access to
information is guaranteed and there is a statutory obligation on
the NYSC
being a public institution, to
proactively keep, organize and maintain all information or records
about theiroperations,
personnel, activities and other relevant or related information or
records in a manner that facilitates public access to such
information or record.
“The
NYSC has no
reason whatsoever not to comply with the demands by
SERAP. There is compelling public
interest in the disclosure of the information sought by SERAP,which
concerns whether a high-ranking
Minister had circumvented or disobeyed the law.
The public interest in this case outweighs
any private interest that the NYSC may
be protecting. By
the provision of Section 20 of the Freedom of Information
Act, SERAP is
entitled to apply to this Court for
a review of the action of the NYSC.
“Unless
the reliefs sought by SERAP are
granted, the NYSC will
not provide SERAP with
the documents and information requested and will continue to be in
breach of the Freedom of Information Act.
“SERAP is
entitled as
of right to request for or gain access to information, including
information on the Exemption
allegedly applied for by Mrs
Adeosun.”
The
suit is seeking the following reliefs:
A DECLARATION
that the failure of the Respondents
to provide
the Applicant with specific documents and
information on
Mrs Kemi Adeosun’s
application to it for
NYSC Exemption is
unlawful and amounts to a breach of the
Respondents’ responsibility/obligation
under the Freedom of Information Act 2011.
AN
ORDER OF MANDAMUS directing and/or compelling the
Respondents to urgently provide
the Applicant with specific documents and
information on Mrs KemiAdeosun’s
application to it for
National Youth Service Corps (NYSC) Exemption and to
publish widely including on a dedicated and
on the NYSC website, any such information.
A
DECLARATION that the failure of the Respondents
to provide
the Applicant with specific documents and information on the
following:
i.the
procedure under the National Youth Service Corps (NYSC)
Act, Laws of the Federation of Nigeria, 2004 to “apply” for NYSC
Exemption;ii whether an authorized official of the NYSC actually issued an Exemption Certificate to Mrs. Kemi Adeosun;
iii. if NYSC did issue the NYSC Exemption Certificate, the circumstances and the provisions of the NYSC Act under which the Exemption Certificate was granted; and to publish widely including on a dedicated website and on the NYSC website, any such information, is unlawful and amounts to a breach of the Respondent’s obligation under the Freedom of Information Act 2011.
AN
ORDER OF MANDAMUS directing and/or compelling the
respondents to urgently provide
the Applicant with specific documents and
information on
the following:
i. the
procedure under the National Youth Service Corps (NYSC)
Act, Laws of the Federation of Nigeria, 2004 to “apply” for NYSC
Exemption;ii. whether an authorized official of the NYSC actually issued an Exemption Certificate to Mrs. Kemi Adeosun; if NYSC did issue the NYSC Exemption Certificate, the circumstances and the provisions of the NYSC Act under which the Exemption Certificate was granted; and to publish widely including on a dedicated website and on the NYSC website, any such information.
No
date has been fixed for the hearing of the suit.
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