BudgIT Nigeria and Private Public Development Centre (PPDC), have vowed to drag the 7th National Assembly to Court over its refusal to declare its budget details as required by the Freedom of Information (FOI) Act.
BudgIT, a foremost Lagos-based civic tech organisation dedicated to ensuring fiscal transparency, accountability and education of the mass citizenry, had on March 17, 2015, in collaboration with its partner PPDC, written an FOI request to the Clerk of the National Assembly, asking for a detailed breakdown of N600 billion being the House budgets for the years- 2011, 2012, 2013 and 2014.
But rather than oblige the organisations, the lawmakers refused the request, on the basis that some of the information in the budget for 2011-2014 was personal, third party-related and privileged and were all exempted under sections 14 and 15 of the FOI Act, 2011.
In a letter sent to the organisations by the litigation and counselling department of the NASS, dated March 23, 2015, and signed by Charles Yoila on behalf of the Clerk, which was obtained by BD SUNDAY, the NASS said the information requested were published and available in public libraries and cannot be applied for by virtue of section 26 of the FOI Act.
“I am directed to inform you that your request cannot be granted on the following grounds. Some of the information is personal, third party-related and privileged and are exempted under section 14 and 15 of the Freedom Of Information Act, 2011. Receive the warmest regards of Clerk to the National Assembly,” the letter read in part.
But Oluseun Onigbinde, co-founder, BudgIT & Knight International Innovation Fellow (KIIF), told BD SUNDAY that BudgIT and PPDC were shocked that four years after the FOI Act was passed into law, the puerile response was coming from an institution no less than the National Assembly, which itself passed the law, and that in the strongest terms, the organisations condemn the Clerk for persistently treating the House budget as a secret document, and blindly reeling out words from the FOI Act to deprive the public of vital information.
“BudgIT and PPDC have these questions for the Clerk of Nigeria’s National Assembly: in what specific way(s) is/are a breakdown of public funds allocated to a public institution like the National Assembly in the Budget ‘personal’ information? Specifically, what information about the financial expenditure of an institution sustained on public funds constitutes ‘privileged’ information? What information exists in the National Assembly’s budget that isn’t ‘privileged’ information? Will the National Assembly, through its Clerk be willing to immediately release this information? Who are the third parties listed in the Budget? Does the National Assembly now include names of vendors and service providers in its Budget? Can these not be redacted in line with international standards by overlaying graphical elements such as black rectangles on top of text, while the monetary figures are released into the public domain, in line with Nigerians’ right to know? In what library can the public find the performance report of the National Assembly’s Budget? These are a few of the questions begging for answers and as custodians of the public’s trust, as representatives of the people; we ask in good faith and ask that the Clerk reciprocate in good faith,” he pointed out.
According to him, “it was a basic fact that the budgets of public institutions are public documents and generally contain no personal, third party or privileged information, and that detailed breakdown of all budgetary allocations to the Presidency are publicly available on the BudgIT website and contains none of the data stated in the section Charles Yoila quoted, while insisting that the blanket response by the National Assembly was yet another crutch, which those who are expected to hold public funds and information in trust for the people often lean on to delay their being held accountable to those whose taxes and votes put them in business.”
“BudgIT and PPDC put it on record that because the era of treating the public’s requests for information with disdain must end, this is a challenge we relish and will see to its logical conclusion. On behalf of every Nigerian, I like to say to the Clerk of the National Assembly, see you in court,” he further said.
As at the time of going to press, the office of the Clerk to the National Assembly had yet to respond to an electronic mail enquiry bordering on the subject matter. The phone number on the response letter to BudgIT and PPDC from the counsel and litigation department also did not go through.
But Monday Nbani, former chairman, Nigerian Bar Association (NBA), Ikeja branch, told BD SUNDAY that Nigerians’ ‘not interested’ attitude towards accountability among government officials was the main reason the lawmakers could erroneously attempt to hide under section 14 and 15 of the FOI Act rather than provide the information being sought.
He said the overriding interest of disclosure of information was a national interest and that even when there is exception in the provision that says “if there is national interest that information should be given”, adding that any privilege given under such circumstance would be overruled.
“If we have budgeted so much amount of money for you and the people want to know how that amount was expended, there is nothing wrong with that; there is nothing privilege in that information that you are withholding. Such privilege is not recognised in the court. The best thing the people can do is to go to court. Since the lawmakers are refusing to release information to Nigerians asking for it, they have the right to go to court. That privilege does not cover the lawmakers. It is because Nigerians don’t ask questions. That is why they are taking us for granted. BugIT and PPDC should pursue the case in court. It is a national fight that they are involved in. All hands must be on deck. I am in total support of that disclosure. Patriotic lawyers should join organisation like this. I am going to play my own part towards what BugIT and PPDC are doing,” he said.
Meanwhile, Nigerians have continued to call for slash of the huge allowances members of the National Assembly have been taking.
Analysts say reduction of cost of governance is an urgent task that the incoming administration will have to urgently tackle.
Nigerian legislators are said to be the highest paid in the world with each senator earning N29.4million monthly and N7.4million as severance gratuity.
Breakdown of the monthly take home pay indicates that each senator has a Basic Salary of N2,484,245.50;
Hardship Allowance, N1,242,122.75; Constituency Allowance, N4,968,509.00; Furniture Allowance, N7,452,736.50; Newspaper Allowance, N1,242,122.70; Wardrobe Allowance, N621,061.37; Recess Allowance, N248,424.55; Accommodation, N4,968,509.00; Utilities, N828,081.83; Domestic Staff, N863,184.12; Entertainment Allowance, N828,081.83; Personal Assistance, N621,061.37; Vehicle Maintenance Allowance, N1,863,184.12; Leave Allowance, N248,424.55 and Motor Vehicle Allowance, N9,936,982.00.
NATHANIEL AKHIGBE
