Success Adegor: SERAP sues Okowa over ‘poor, substandard primary schools’

Socio-Economic Rights and Accountability Project (SERAP) has
filed a lawsuit asking the Federal High Court to: “compel governor
Ifeanyi Arthur Okowa of Delta State to explain the disparity
between budgetary allocations to primary education and the reality
that several of the around 1,124 primary schools across the State
are in shambles, and with very poor teaching facilities.”

According to SERAP’s lawsuit: “tens of thousands of Nigerian
children are being left behind in Delta state and their futures put
in jeopardy. These children are being short-changed and they
deserve to know how much exactly has the state government spent
between 2015 and 2019, on their education.”

Joined as Defendants in the suit are the Universal Basic
Education Commission (UBEC) and Delta State Universal Basic
Education Board (SUBEB).

In the suit number FHC/L/CS/803/2019 filed last Friday before
the Federal High Court in Lagos, SERAP argued: “The refusal by the
governor, UBEC and SUBEB to respond to SERAP’s FOI requests can
only be construed to mean denial of the information sought. We
shouldn’t have to ask for the information on spending on primary
schools in the state. The poor conditions of primary schools across
the state would seem to suggest that the government has abandoned
poor children in Delta state.”

SERAP had in separate Freedom of Information requests to the
governor, UBEC and SUBEB last month 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 suit read in part: “We seek an order of the court granting
leave to apply for judicial review and to seek an order of mandamus
compelling governor Okowa, UBEC and SUBEB to provide to SERAP
details of disbursement and spending of UBEC funds disbursed to the
Delta State government.”

“The governor, UBEC and SUBEB have nothing to lose if the
information is released to SERAP and members of the public. It is
in the interest of justice that the information be released. Unless
the reliefs sought herein are granted, the governor, UBEC and SUBEB
will continue to be in breach of the Freedom of Information Act,
and other constitutional and statutory responsibilities.”

“The information is needed to verify and establish the truth
about the spending on education by the government, for the purposes
of transparency and accountability. There must be accountability
for the massive budgetary allocations to primary education in the
state, including the funds provided by UBEC. Providing the
requested information will also allow the citizens to track the
level of execution of education projects in the state.”

“Access to information held by public authorities is a
fundamental element of the right to freedom of expression
guaranteed by Section 39 of the Nigerian Constitution of 1999 (as
amended) and vital to the proper functioning of any democratic
system.”

“We seek an order of the court for disclosure of details of
budgetary allocations and actual spending by Delta State government
between 2015 and 2019, including specific projects carried out to
improve access to free and quality primary education in the state,
the locations of such projects and the primary schools that have
benefited from the projects, and details of what the government is
doing to improve access to education for children with
disabilities.”

“We also seek disclosure of details of reports, if any, made to
UBEC by the Delta state government on specific projects carried out
to ensure improvement of access to free and quality primary
education in Delta state between 2015 and 2019, the locations of
such projects and the primary schools that have benefited from the
projects.”

“We seek an order of the court for disclosure of details of the
steps the government is taking to improve the overall welfare of
children in primary schools across Delta State as well as details
of the 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.”

“We seek an order of the court for disclosure of specific
details of the steps the UBEC is taking to ensure improvement of
the overall welfare of children in primary schools across Delta
State as well as details of specific projects by the UBEC to ensure
improvement of access to education for children with disabilities
in Delta State.”

“We seek an order of the court for disclosure of details of
disbursement by the UBEC and SUBEB to the Delta State government
and actual spending by the government on primary school education
monitored, including specific projects carried out to improve
access to free and quality primary education in Delta State, the
locations of such projects and the primary schools that have
benefited from the projects.”

SERAP’s FOI requests to the governor, UBEC and SUBEB read in
part: “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.”

“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 funds
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.”

No date has been fixed for the hearing of the suit.

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