FOI: SERAP seeks mandamus over PPPRA’s failure to release records on fuel subsidy
A civil society group, Socio-Economic Rights and Accountability Project (SERAP) has dragged the Petroleum Products Pricing Regulatory Agency (PPPRA) to the Federal High Court, Ikeja, asking the court for leave “to apply for judicial relief and to seek an order of mandamus directing and or compelling the Defendants/Respondents whether by themselves and/or their agents to disclose to and or make available to the Applicant up-to-date information on government/public spending relating to fuel ‘subsidy’ in 2011.”
Others joined as Defendants in the suit are the Attorney General of the Federation and Minister of Justice, Muhammed Adoke, and the Minister of Petroleum Resources, Deziani Alison-Madueke. The suit followed a Freedom of Information request dated 19 October 2011 and made by Solicitor to SERAP, Femi Falana.
A petrol station at Gbagada Lagos. Government says it subsidies fuel at its N65 pump price.
The motion exparte with suit number FHC/CS/L/221/2011 was brought pursuant to section 20 of the Freedom of Information Act, and Order 34 of the Federal High Court (Civil Procedure) Rules, 2009, and signed by Adetokunbo Mumuni for Falana and Falana Chambers.
The organization argued that under the FOI, it has the right to request for or gain access to information which is in the custody or possession of any public official, agency or institution.
According to the organization, “The 1st Defendant/Respondent is a public institution, and as such has a binding legal obligation to provide the applicant with the information requested for.
The information requested for relates to the details of spending on fuel ‘subsidy’ in 2011; and this information does not come within the purview of the types of information exempted from disclosure by the provisions of the FOI Act.
Up till the time of filing this action, the Defendants/Respondents have failed, neglected and refused to make available the information requested by the Applicant. The Defendants/Respondents have no reason whatsoever to deny the Plaintiff/Applicant access to the information sought for.”
The organization is seeking the following reliefs in the substantive suit:
A. A DECLARATION that the abdication of statutory responsibility by the Petroleum Products Pricing Regulatory Agency allowing the Nigerian National Petroleum Corporation (NNPC) to operate without any control is unlawful
B. A DECLARATION that the spending of over N900 billion on fuel ‘subsidy’ by the end of August 2011 without extra-budgetary allocation while only N250 billion was budgeted for the whole of 2011 amounts to a breach of the fundamental principles of transparency and accountability and cannot be justified under any circumstances whatsoever
C. A DECLARATION that by virtue of the provisions of Section 4 (a) of the Freedom of Information Act 2011, the 1st Defendants/Respondents are under a binding legal obligation to provide the Plaintiff/Applicant with up-to-date information on government/public spending relating to fuel ‘subsidy’ in 2011, including:
D. AN ORDER OF MANDAMUS directing and or compelling the Defendants/Respondents obligation to provide the Plaintiff/Applicant with up-to-date information on government/public spending relating to fuel ‘subsidy’ in 2011, including:
(a) The basis and expectations on which the calculation of N250 billion as fuel ‘subsidy’ was made (b) Detailed information and justifications for the increase in the
budget allocation for fuel ‘subsidy’ from N250 billion for 2011 to over N900 billion by August 2011 without supplementary appropriation authorising the expenditure
(c) Detailed information about the full list of importers of petroleum products in Nigeria No date has been fixed for the hearing of the application.