May 21, (THEWILL) – The Federal High Court, Abuja, has ordered the Federal Government to “account for the spending of $460 million Chinese loan to fund the failed Abuja Closed-Circuit Television (CCTV) project.”
The court also ordered the government to “publish the total amount of money paid to Chinese and local companies and contractors, specific details and the implementation of the project.”
Justice Emeka Nwite made the orders while delivering judgement in a Freedom of Information suit number: FHC/ABJ/CS/1447/2019, brought by Socio-Economic Rights and Accountability Project (SERAP).
Joined as defendants in the suit are Ms Ahmed and the Minister of Police Affairs.
A statement issued on Sunday, by the deputy director of the Socio-Economic Rights and Accountability Project (SERAP), Kolawole Oluwadare, stated, that the suit followed the disclosure in 2019 by the Minister of Finance, Zainab Ahmed that “Nigeria was servicing the loan”, even when she reportedly said, “I have no information on the status of the CCTV project.”
“There is a reasonable cause of action against the government. Accounting for the spending of the $460 million Chinese loan is in the interest of the public. It will be inimical for the court to refuse SERAP’s application for judicial review of the government’s action.
“The Minister of Finance is in charge of the finance of the country and cannot by any stretch of the imagination be oblivious of the amount of money paid to the contractors for the Abuja CCTV contract and the money meant for the construction of the headquarters of the Code of Conduct Bureau (CCB)”, the court held.
Justice Nwite, however, ordered the government “to provide the details clarifying whether the sum of N1.5 billion paid for the failed contract meant to construct the headquarters of the Code of Conduct Bureau (CCB) was part of another loan obtained from China.”
The court judgement read in part: “SERAP’s core objectives are to promote human rights, transparency and accountability and anti-corruption in Nigeria.
“I am of the humble view that there is a reasonable cause of action against the government [through the Minister of Finance] and I so hold that SERAP has made out a case to be entitled to the reliefs sought.
“The law is well settled that where a document or letter is sent by post, it is the law that same is taken or presumed to have been delivered.
“Following this principle of law and relying on exhibit OS2, SERAP’s Freedom of Information request sent to Ms Ahmed is deemed to have been delivered. Therefore, the averment by the government [through her] that they were not served with the letter is hereby discountenanced. I so hold.”
Justice Nwite granted the following orders of mandamus against the Federal Government.
An order of mandamus is hereby made directing and compelling the government [through the Minister of Finance] to provide and make available to SERAP information on the total amount of money paid to contractors, with specific details of names of companies and local contractors involved, from the $460 million loan obtained in 2010 from China by the Federal Government of Nigeria to fund the failed Abuja CCTV contract.
An order of mandamus is hereby made directing and compelling the government [through the Minister of Finance] to provide the details of the local companies and Chinese contractors that have received funds from the $460 million loan for the finance of the Abuja CCTV contract, as well as details of the status of implementation of the project.
An order of mandamus is hereby made directing and compelling the government [through the Minister of Finance] to provide the details clarifying whether the sum of N1.5 billion mobilisation fee reportedly paid to the contractors for the construction of the Headquarters of the Code of Conduct Bureau in Abuja was part of another loan from China. This is the judgement of the court.
