Judge orders former Delta governor, Okowa, to disclose spending of over N200bn education funds, allocations

FORMER GOVERNOR IFEANYI OKOWA 

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, has been ordered by Justice Daniel Osiagor of a Federal High Court, Ikoyi, Lagos.

The court also mandated the current governor of the state, Sheriff Oborevwori, to make public 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.

In handing down his judgment on the Freedom of Information (FoI) suit marked FHC/L/CS/803/2019, initiated by the Socio-Economic Rights and Accountability Project (SERAP), Justice Osiagor held that “SERAP has the 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 the governance of public institutions.

“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 requests for audit reports of public duties and budgets”.

The judge further ordered that the Delta State government should 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.

The suit, instituted by SERAP came sequel to 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. 

It is recalled that Miss Adegor had in a viral video in March 2019 said, “No be say I no go pay, dem go flog, flog, flog, dem go tire”.

Consequently, Justice Osiagor directed 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.

The judge equally 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 the government's fee-free programme, if any, across primary schools in Delta State.

Justice Osiagor threw out 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.

The judgment, dated July 17, 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”.

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