The Socio-Economic Rights and Accountability Project (SERAP) has sued
the Director-General, National Youth Service Corps (NYSC),
Brigadier-General Sule Kazaure, and the NYSC over failure to publish
specific documents and information on Minister of Finance, Kemi
Adeosun’s application for NYSC exemption, and seeking to compel them to
explain if she obtained any Exemption Certificate from the corps.
In the suit number FHC/L/CS/1369/18 filed on Tuesday at the Federal
High Court, Ikoyi, Lagos, SERAP is seeking an order for leave to apply
for judicial review and an order of mandamus directing and/or compelling
General Kazaure and the NYSC to urgently provide specific documents and
information on Adeosun’s application to the NYSC for Exemption and to
publish widely including on a dedicated and on the NYSC website, any
such information.”
The suit followed SERAP’s Freedom of Information request dated 2
August 2018 to General Kazaure, giving him seven days to provide
“information on specific details and documents on the Exemption
Certificate applied for and obtained by Mrs Adeosun; clarify whether the
NYSC actually granted her the Exemption Certificate and if it did, the
circumstances and the provisions of the NYSC Act under which the
Exemption Certificate was granted.”
The suit filed on behalf of SERAP by its counsel, Ms. Bamisope
Adeyanju, read in part: “Suspicions of obtaining unauthorised
certificate involving a senior member of the government if not urgently
and satisfactorily addressed would weaken public trust in the
government’s oft-expressed commitment to transparency and
accountability.
“By the combined provisions of section 104(1) of the Evidence Act,
2011 and sections 14(2)(b) 14(3) and 19(2) of the Freedom of Information
Act, the NYSC, being the public institution in charge of issuing
exemption certificates from the compulsory NYSC Programme, and having
publicly declared that Mrs. Adeosun applied for exemption, has a duty to
provide SERAP with details and documents containing the application for
exemption and the exemption certificate itself, if it was granted.
“Mandamus lies to secure the performance of a public duty in the
performance which SERAP has a sufficient legal interest. SERAP has shown
that it has demanded the performance of the duty by the NYSC in this
case, and that performance has been refused by the Director-General of
the NYSC obliged to discharge it.
“The right of access to information should be subject to a narrow,
carefully tailored system of exceptions. Exceptions should apply only
where there is a risk of substantial harm to the protected interest and
where that harm is greater than the overriding public interest in having
access to the information.
“SERAP requested the NYSC to provide the information within 7 days of
the receipt and/or publication of the letter. But since the receipt of
the letter by the NYSC and up till the filing of this suit, the NYSC has
failed, refused and/or neglected to respond to or grant SERAP’s
request.
“This matter is of utmost national importance and
public interest, because it borders on allegations of circumvention of
the law, brought against a high public officer of Nigeria, who has sworn
on oath to uphold the laws of the nation; including the NYSC Act. The
grant of this application will help reveal the truth about the
authenticity of the Exemption Certificate granted to Mrs Adeosun.
“By the combined provisions of Sections 1; 2; 3(4); 4; 7(1)&(5);
9; 14(2)(b)&3; 19(2); and 20 of the Freedom of Information Act,
2011, the right of access to information is guaranteed and there is a
statutory obligation on the NYSC being a public institution, to
proactively keep, organize and maintain all information or records about
their operations, personnel, activities and other relevant or related
information or records in a manner that facilitates public access to
such information or record.
“The NYSC has no reason whatsoever not to comply with the demands by
SERAP. There is compelling public interest in the disclosure of the
information sought by SERAP, which concerns whether a high-ranking
Minister had circumvented or disobeyed the law. The public interest in
this case outweighs any private interest that the NYSC may be
protecting. By the provision of Section 20 of the Freedom of Information
Act, SERAP is entitled to apply to this Court for a review of the
action of the NYSC.
“Unless the reliefs sought by SERAP are granted, the NYSC will not
provide SERAP with the documents and information requested and will
continue to be in breach of the Freedom of Information Act.
“SERAP is entitled as of right to request for or gain access to
information, including information on the Exemption allegedly applied
for by Mrs Adeosun.”
The suit is seeking a declaration that the failure of the respondents
to provide the applicant with specific documents and information on
Adeosun’s application to it for NYSC Exemption was unlawful and amounts
to a breach of the respondents’ responsibility/obligation under the
Freedom of Information Act 2011.
It also sought an order of Mandamus directing and/or compelling the
respondents to urgently provide the applicant with specific documents
and information on Adeosun’s application to it for National Youth
Service Corps (NYSC) Exemption and to publish widely including on a
dedicated and on the NYSC website, any such information.
SERAP is seeking a declaration whether an authorized official of the
NYSC actually issued an Exemption Certificate to Adeosun and that if
NYSC did issue the NYSC Exemption Certificate, the circumstances and the
provisions of the NYSC Act under which the Exemption Certificate was
granted; and to publish widely including on a dedicated website and on
the NYSC website, any such information, is unlawful and amounts to a
breach of the Respondent’s obligation under the Freedom of Information
Act 2011.
The group also sought an order of Mandamus directing and/or
compelling the respondents to urgently provide the applicant with
specific documents and information on the procedure under the National
Youth Service Corps (NYSC) Act, Laws of the Federation of Nigeria, 2004
to “apply” for NYSC Exemption.
No date has been fixed for the hearing of the suit.
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