The Local Government Law states clearly that public funds in the local government are for the welfare and development of the people and the area. The Constitution says that the participation of the people in their government shall be guaranteed, and also that access to information is a right.
Today the Chairman, Logo Local Government, and Logo Local Government (Benue) were dragged before the High Court of Benue in Gboko for denying an application for information.
On 21 June, I made a freedom of information application to the office of the chairman seeking to have a copy the local government’s 2024 budget; the comprehensive records and information of what the local government got every month from the State Local Government Joint Account for the period of January to May 2024; and the local government’s internally-generated revenue (IGR) within this same period, but it was denied, no response was given.
Official records publicly available on the website Office of Account-General of the Federal indicate that the range of three hundred million naira (N300 000 000.00) has been sent to this local government every single month. What is on the ground, however, does not remotely suggest that even a fraction of these large amounts is gotten in the local government at all. Therefore the need to confirm.
In the matter of Sesugh Akume v Chairman, Logo Local Government, and Logo Local Government (with suit number MHC/53/2024) we ask the court to declare that it is the duty of the local government to keep accounts and records, including financial records, and that it is mandatory for them to make such public and available when applied for, for purposes of probity, accountability, openness, transparency, and citizens’ participation in their government; that the information and records applied for in our letter of 21 June ought to be provided, and the action of the denying it is a gross violation, is unlawful, unconstitutional, an abuse and vexatious.
And accordingly, we moved the court to grant an order compelling them to immediately furnish us with all the information and records applied for. Also an order compelling them to immediately set up a process, including a website (or websites) to publicly share the annual budget for each year; the accurate information on the amounts received monthly from the federation account; amount of internally-generated revenue; the debt profile; and other such records, and to also set up a mechanism for replying to information applications within seven days of such applications. We also asked the court to fine them and cause them to pay damages and the cost of the lawsuit.
The Local Government Law states clearly that public funds in the local government are for the welfare and development of the people and the area. The Constitution says that the participation of the people in their government shall be guaranteed, and also that access to information is a right. Our argument before the court, therefore, is that without the people having access to public records (which is a right) they cannot meaningfully participate in their government. They will also not be in the position to determine whether the public funds intended for their welfare and development and that of their area as well are applied as should.
Furthermore, that without a system of accountability in place, the recent Supreme Court judgement which makes local governments to directly access hundreds of millions of naira monthly from the federation account will be a waste and a missed opportunity, and strongly urged the court to grant all our prayers.
The matter commences in court in 19 August.
Sesugh Akume
8 August 2024
Abuja