LIST AND SUMMARY OF RESOLVED CASES
LIST AND SUMMARY OF RESOLVED CASES
- SERAP V CODE OF CONDUCT BUREAU
Suit No: FHC/L/CS/1019/2019
Court: Federal High Court, Lagos
Judge: Justice Muslim Hassan
Date delivered: 11/05/2020
The Court held that, “I am of the view that the terms and conditions to be prescribed by the National Assembly must be specific and relate to Asset Declaration of Public Officers and not a legislation of general nature such as the Freedom of Information Act, 2011.”
- The judgment is to be challenged by SERAP at the Court of Appeal. SERAP has filed a Notice of Appeal to that effect and the records of appeal have been transmitted to the court of Appeal in Lagos.
- SERAP v. ATTORNEY GENERAL OF THE FEDERATION
Suit number: FHC/L/CS/1497/2017
Court: Federal High Court, Lagos
Judge: Justice Oluremi Oguntoyinbo
Date delivered: 26/11/19
Order: The Court held:
“The Respondent (Attorney General) is hereby directed to urgently institute appropriate legal actions to challenge the legality of states’ laws permitting former governors, who are now senators and ministers to enjoy governors’ emoluments while drawing normal salaries and allowances in their new political offices and to identify those involved and seek full recovery of public funds from the former governors.”
- SERAP v. MINISTER OF POWER
Suit number: FHC/L/CS/105/19
Court: Federal High Court, Lagos
Judge: Hon. Justice (Prof) Chuka Austine Obiozor
Date delivered: 4/7/2019
Order: Justice Obiozor in his judgment granted the following reliefs:
- A DECLARATION is hereby made that the failure and/or refusal of the Respondent [Federal Government/Ministry of Power] to provide SERAP with documents and information containing the specific names and details of contractors and companies that have been engaged in the power sector by successive governments since 1999, details, of specific projects and the amounts that have been paid to the contractors and companies, details on the level of implementation of electricity projects and their specific locations across the country, and failure to widely publish it on a dedicated website, any of such information, amounts to a breach of the obligations under the Freedom of Information Act 2011
- A DECLARATION is hereby made that the failure and/or refusal of the Respondent [Federal Government/Ministry of Power] to provide SERAP with specific documents and information containing the specific names and details of contractors and companies that allegedly collected money for electricity projects from successive governments since 1999 but failed to execute any of such projects, and failure to widely publish it on a dedicated website, any of such information, amounts to a breach of the Respondent’s responsibility/obligation under the Freedom of Information Act 2011
- AN ORDER OF MANDAMUS is made directing and compelling the Respondent [Federal Government/Ministry of Power] to urgently compile and make available to SERAP documents and information containing the specific names and details of contractors and companies that have been engaged in the power sector by successive governments since the return of democracy in 1999 to date, details of specific projects and the amounts that have been paid to the contracts and companies, details on the level of implementation of electricity projects and their specific locations across the country and to publish widely including on a dedicated website, any of such information
- AN ORDER OF MANDAMUS is made directing and compelling the Respondent [Federal Government/Ministry of Power] to urgently compile and make available to SERAP documents and information containing the specific names and details of contractors and companies that allegedly collected money for electricity projects from successive governments since 1999 but failed to execute any projects
- A DECLARATION is hereby made that the failure and/or refusal of the Respondent [Federal Government/Ministry of Power] to urgently disclose if there is an ongoing investigation or prosecution of allegedly corrupt contractors and companies in the electricity sector, amounts to a breach of the Respondent’s responsibility/obligation under the Freedom of Information Act 2011.
- AN ORDER OF MANDAMUS is made directing and compelling the Respondent [Federal Government/Ministry of Power] to urgently disclose if there is an ongoing investigation or prosecution of allegedly corrupt contractors and companies in the electricity sector.
- SERAP v. PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA AND ATTORNEY GENERAL OF THE FEDERATION AND MINISTER OF JUSTICE
Suit number: FHC/L/CS/1821/17
Court: Federal High Court, Lagos
Judge: Hon Justice M.B. Idris
Date delivered: 28/5/2018
Order: Hon. Justice M.B Idris held that the following reliefs sought by SERAP succeeds viz:
AN ORDER of Mandamus directing and or compelling the 1st Respondent to do the following-
- Urgently instruct security and anti-corruption agencies to forward to him reports of their investigations into allegations of padding and stealing of some N481 billion from the 2016 budget by some principal officers of the National Assembly, and to direct the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, and/or appropriate anti-corruption agencies to without delay commence prosecution of indicted officers;
- Direct the publication of the report of investigations by security and anti-corruption bodies into the alleged padding of the 2016 budget;
- Urgently halt alleged ongoing attempt by some principal officers of the National Assembly to steal N40 billion of the N100 billion allocated by his government as “zonal intervention” in the 2017 budget;
- Closely monitor and scrutinize the spending of N131 billion (accrued from increased oil benchmark) allocated for additional non-constituency projects expenditure, to remove the possibility of corruption.
- The Court noted that the 2nd relief did not succeed, that is: AN ORDER of Mandamus directing and or compelling the 2nd Respondent to prosecute indicted principal officers of the National Assembly who are alleged to have stolen and padded the 2016 budget.
- SERAP V. MINISTER OF INFORMATION
Suit number: FHC/L/CS/964/2016
Court: Federal High Court, Lagos
Judge: Justice R. H. Shagari
Date delivered: 5/7/2017
Order: The Court held that the relief sought by SERAP succeeds viz:
i. A Declaration that by virtue of Section 4(a) of the FOI Act 2011, the Defendants/Respondents are under a binding legal obligation to provide the Plaintiff/Applicant with up to date information relating to the following: a. information about the names of high-ranking public officials from whom funds were recovered since May 2015;
ii. The circumstance under which the funds were recovered.
- SERAP v. THE ACCOUNTANT GENERAL OF THE FEDERATION AND THE ATTORNEY GENERAL OF THE FEDERATION
Suit number: FHC/IKJ/CS/248/11
Court: Federal High Court, Lagos
Judge: Hon Justice M.B. Idris
Date: 26/2/2016
Order: Judgment entered in SERAP’s favour as follows:
- A DECLARATION is hereby made that the failure and/or refusal of the Respondents to individually and/or collectively disclose detailed information about the spending of recovered stolen public funds since the return of civil rule in 1999, and to publish widely such information, including on a dedicated website , amounts to a breach of the fundamental principles of transparency and accountability and violates Articles 9, 21 and 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
- A DECLARATION is hereby made that by virtue of the provisions of Section 4(a) of the Freedom of Information Act, 2011, the 1st Defendant is under a binding legal obligation to provide the Plaintiff with up to date information on the spending of recovered stolen funds, including: (i) Detailed information on the total amount of recovered stolen public assets that have so far been recovered by Nigeria; (ii) the amount that has been spent from the recovered stolen public assets and the objects of such spending; (iii) Details of projects on which recovered stolen public assets were spent.
- AN ORDER OF MANDAMUS is made directing and or compelling the Defendants to provide the Plaintiff with up to date information on recovered stolen funds since the return of civilian rule in 1999, including (i) Detailed information on the total amount of recovered stolen public assets that have so far been recovered by Nigeria, (ii) The amount that has been spent from the recovered stolen public assets and the objects of such spending.
- Details of projects on which recovered stolen public assets were spent.
7. SERAP V. FEDERAL REPUBLIC OF NIGERIA AND UNIVERSAL BASIC EDUCATION COMMISSION (UBEC)
Suit No: ECW/CCJ/APP/12/07; Judgment No: ECW/CCJ/JUD/07/10
Court: ECOWAS Court, Abuja
Judges: Hansine N. Donli; Sanogo; Anthony Benin; Soumana D. Sidibe
Date delivered: 30/11/2010
Order: The ECOWAS Court held that all Nigerians are entitled to education as a legal and human right; the right to education can be enforced before the court and dismissed the objection of the Federal Government that education is a mere directive policy of the government and not an entitlement of the citizens.
- SERAP V. FEDERAL REPUBLIC OF NIGERIA
Suit No: ECW/CCJ/APP/08/09; Judgement :ECW/CCJ/JUD/18/12 President: Hon. Justice Benfeito Mosso Ramos
Judges: Hon. Justice Hansine Donli; Hon. Justice Anthony Alfred Benin; Hon. Justice Clotilde Médégan Nougbodé, Hon. Justice Eliam Potey
Date delivered:14/12/2012
Order: The Ecowas Court in its judgment ordered the Federal Republic of Nigeria to:
- Take all effective measures, within the shortest possible time, to ensure restoration of the environment of the Niger Delta;
- Take all measures that are necessary to prevent the occurrence of damage to the environment;
- Take all measures to hold the perpetrators of the environmental damage accountable
9. SERAP V& 7 ORS V FEDERAL REPUBLIC OF NIGERIA
Suit No: ECW/CCJ/APP/39/17
Date Filed: 16/11/17
Delivered: 28/06/2019
10. SERAP &10 ORS V FEDERAL REPUBLIC OF NIGERIA & 4 ORS
Suit No: ECW/CCJ/APP/O2/14 SUPP
Date Filed: 26/02/19
Delivered: 02/12/15
It is a supplement judgement for ECW/CCJ/JUD/16/14 delivered on 10/06/14
11. SERAP &10 ORS V FEDERAL REPUBLIC OF NIGERIA & 4 ORS
Suit No: ECW/CCJ/APP/10/10
Date Filed: 29/10/10
Delivered: 10/06/14
12. SERAP V FEDERAL REPUBLIC OF NIGERIA
Suit No: ECW/CCJ/APP/26/11
Date Filed: 29/08/11
13. SERAP V REPUBLIC OF THE GAMBIA
Suit No: ECW/CCJ/APP/11/12
Date Filed: 07/09/12
Date of Decision: 14/02/14
14. SERAP V FEDERAL REPUBLIC OF NIGERIA & ANOR
ECW/CCJ/APP/15/15
Date Filed: 28/04/15
Date of Decision: 13/10/15
15. SERAP V FEDERAL REPUBLIC OF NIGERIA & ANOR
ECW/CCJ/APP/31/15
Date Filed: 21/10/15
16. SERAP V FEDERAL REPUBLIC OF NIGERIA & ANOR
ECW/CCJ/APP/09/11
Date Filed: 17/15/11
Date of Decision: 13/02/14
17. SERAP V A.G OF THE REPUBLIC OF THE GAMBIA & ANOR
ECW/CCJ/APP/11/09
DATE FILED: 28/09/09
DATE OF DECISION: 23/06/10