SERAP said, “No one should be able to pull curtains of
secrecy around decisions on the spending of public funds which can be revealed
without injury to the public interest. Democracy requires accountability and
accountability requires transparency.”
According to SERAP, “Nigerians are entitled to information
about what their government is doing in their name. This is part of their right
to information.”
The FoI request, read in part: “Nigerians’ right to a
democratic governance allows them to appreciably influence the direction of
government, and have an opportunity to assess progress and assign blame.”
“The accountability of government to the general public is a
hallmark of democratic governance, which Nigeria seeks to achieve.”
“Your government should make it possible for citizens to
have access to the agreements and spending details to judge whether their
government is working for them or not.”
“Publishing the
agreements would demonstrate your oft-expressed commitment to openness in
government and to promote accountability. It would also improve public
accountability in ministries, departments and agencies (MDAs).
“Publishing the agreements and spending details would allow
the public to see how and on what these governments spent the loans and foster
transparency and accountability.”
“The information may
help to explain why, despite several billions of dollars in loans obtained by
successive governments, millions of Nigerians continue to face extreme poverty
and lack access to basic public goods and services.”
“Providing us with copies of the loan agreements signed by
the governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua,
Goodluck Jonathan and Muhammadu Buhari, and widely publishing the agreements
would allow Nigerians to scrutinise it and to demand accountability for the
spending of the loans.
“We would therefore be grateful if the recommended measures
are taken within seven days of the receipt and/or publication of this letter.
If we have not heard from you by then, SERAP shall take all appropriate legal
actions to compel your government to comply with our request in the public
interest.”
“Our requests are brought in the public interest, and in
keeping with the requirements of the Nigerian Constitution 1999 [as amended],
the Freedom of Information Act, and the UN Convention against Corruption, the
International Covenant on Civil and Political Rights and the African Charter on
Human and Peoples’ Rights to Nigeria is a state party.”
“According to Nigeria’s Debt Management Office, the total
public domestic debt portfolio for the country’s is N97.3 trillion ($108
billion). The Federal Government’s debt is N87.3 trillion ($97 billion).”
“Nigeria paid $6.2 billion in 2019 as interest on loans
while the country paid $6.5 as interest in 2018. Nigeria also paid $5 billion
as interest on loans in 2017 while the country paid $4.4 billion as interest in
2016. For 2015, the interest paid on loans was $5.5 billion.”
“SERAP is seriously concerned that substantial parts of the
loans obtained by successive governments since the return of democracy in 1999
may have been mismanaged, diverted or stolen, and in any case remain
unaccounted for.”
“Publishing copies of the agreements would also ensure that
persons with public responsibilities are answerable to the people for the
performance of their duties including the management of the loans obtained
between May 1999 and May 2023.”
“Your government has a responsibility to ensure transparency
and accountability in how any loans obtained by the Federal Government are
spent, to reduce vulnerability to corruption and mismanagement.”
“The Freedom of Information Act, Section 39 of the Nigerian
Constitution, article 9 of the African Charter on Human and Peoples’ Rights and
article 19 of the International Covenant on Civil and Political Rights
guarantee to everyone the right to information, including to copies of the loan
agreements obtained by successive governments since 1999.”
“By the combined reading of the provisions of the
Constitution of Nigeria, the Freedom of Information Act 2011, the International
Covenant on Civil and Political Rights, and the African Charter on Human and
Peoples’ Rights, there are transparency obligations imposed on your government
to widely publish the agreements and details of the projects on which the loans
were spent.
“The Nigerian Constitution, Freedom of Information Act, and
the country’s anti-corruption and human rights obligations rest on the
principle that citizens should have access to information regarding their
government’s activities.”
