Success Adegor: SERAP Gives Okowa 7 Days To Disclose Spending On Primary Education

Socio-Economic Rights and Accountability Project (SERAP) has
sent a Freedom of Information request to governor Ifeanyi Arthur
Okowa of Delta State requesting him to use his “good offices and
leadership position to urgently provide information on details of
the budgetary allocations and actual spending by your government to
provide and ensure access of Nigerian children to free and quality
primary school education in your state between 2015 and 2019.”

SERAP said: “The evidence of education deficit in the state is
further buttressed by the case of Success Adegor, who was sent home
because her parents could not pay the illegal school fee/levy of
N900 and the insufficient and poor-quality education infrastructure
of Okotie-Eboh Primary School 1, Sapele.”

The group also said: “If we have not heard from you within 7
days of the receipt and/or publication of this letter, the
Registered Trustees of SERAP shall take all appropriate legal
actions to compel you to comply with our request.”

In the FOI request dated 5 April 2019 and signed by SERAP deputy
director Kolawole Oluwadare, the group said: “Full development of
human personality is essential objective of education. A strong
Delta State in the future requires a strong education system today.
A poor education system will severely cripple Delta State’s future
growth, development and sustainability, both socially and
economically. Providing the information as requested would show
your commitment to ensuring access to quality education as a public
good.”

According to SERAP: “Despite the huge resources available to
your government and the massive budgetary allocations to primary
education in your State including from the UBEC funds, several of
the around 1,124 primary schools across the State are in shambles,
and with very poor teaching facilities, thereby jeopardizing the
futures of tens of thousands of Nigerian children in the
State.”

The FOI request read in part: “SERAP notes that since assuming
office, your government has received over N7.8 billion from
Universal Basic Education Commission (UBEC). Your government has
also received funds from federal allocations to Delta State. Your
government accessed over N3 billion of UBEC funds between 2015 and
2016, while also reportedly approved the release of N1.28 billion
counterpart fund to enable it access UBEC funds for 2017. Your
government also received N213 billion from Federation Accounts
Allocation Committee (FAAC) in 2018, at an average of N17.8 billion
monthly.”

“We urge you to provide details of budgetary allocations and
actual spending by your government between 2015 and 2019, including
specific projects carried out to improve access to free and quality
primary education in your state, the locations of such projects and
the primary schools that have benefited from the projects.”

“We also seek information on specific details of the steps your
government is taking to improve the overall welfare of children in
primary schools across your state, and details of your government’s
fee-free programme, if any, across primary schools in the state and
information on indirect costs, including uniforms, exercise books,
and transport costs to students and their parents.”

“Your government should also provide details of specific
projects by your government to improve access to education for
children with disabilities.”

“SERAP believes that investment in education is an obligation of
States under human rights law, and adequate resources must be
allocated to the education sector including primary education on
enduring basis and in a transparent and accountable manner.”

“Promoting transparency and accountability in the spending on
primary schools would demonstrate your commitment to achieve the
goal of universal quality education for all free of costs, as
stated in the 2030 Agenda for Sustainable Development, adopted by
the United Nations Summit in July 2015.”

“The goal 4 of the Agenda stipulates that ‘By 2030, ensure that
all girls and boys complete free, equitable and quality primary and
secondary education leading to relevant and effective learning
outcomes.’”

“We note that it is the statutory responsibility of State
Governments in Nigeria to provide free, compulsory and universal
basic education for every child of primary and junior secondary
school age by virtue of Section 2(1) of the Universal Basic
Education Commission (UBEC) Act 2004. Further, under Section
18(1)(a) of the 1999 Constitution of Nigeria (as amended),
government at all levels in Nigeria should strive to eradicate
illiteracy and provide free, compulsory and universal primary
education to the citizens.”

“Nigeria is also a state party to the Convention on the Rights
of the Child, the International Covenant on Economic, Social and
Cultural Rights and the African Charter on Human and Peoples’
Rights, which require states parties to respect, protect, promote
and fulfil the right to education including primary education.”

“These laws and treaties obligate your government to ensure the
enjoyment of the right to primary education, including by promoting
transparency and accountability in the spending on education, and
taking steps to improve and expand quality and free education for
all.”

“By virtue of Section 1 (1) of the FOI Act, SERAP is entitled as
of right to request for or gain access to information, including
information on details of budgetary allocations and actual spending
on primary schools in Delta State. By virtue of Section 4 (a) of
the Act when a person makes a request for information from a public
official, institution or agency, the public official, institution
or urgency to whom the application is directed is under a binding
legal obligation to provide the applicant with the information
requested for, except as otherwise provided by the Act, within 7
days after the application is received.”

“By Sections 2(3)(d)(V) & (4) of the Act, there is a binding
legal duty to ensure that documents containing information relating
to spending of allocations and spending is widely disseminated and
made readily available to members of the public through various
means.”

“The information being requested does not come within the
purview of the types of information exempted from disclosure by the
provisions of the FOI Act. The information bothers on an issue of
access to education, development, good governance, transparency and
accountability. The disclosure of the information requested will
give SERAP and the general public a true picture on how budgetary
allocations and UBEC funds received by your state have been spent
to provide access to free quality primary education.”