A civic group has sued the National Youth Service
Corps (NYSC) over the ‘exemption certificate’ being used by the Minister of
Finance, Kemi Adeosun.
PREMIUM TIMES had exclusively reported how Mrs
Adeosun avoided the mandatory youth service upon graduation from the university
and instead procured a forged ‘exemption certificate’ contrary to Nigerian
laws.
The Socio-Economic Rights and Accountability
Project (SERAP) had earlier made a freedom of information request to the NYSC
seeking details of the certificate paraded by Mrs Adeosun.
The civic group has now sued the NYSC when the
latter refused to honour the FOI demand.
Read a full statement by SERAP on the suit below.
The Socio-Economic Rights and Accountability
Project (SERAP) has sued the Director-General, National Youth Service Corps
(NYSC), Sule Kazaure, and the NYSC over “failure to publish specific documents
and information on Minister of Finance Mrs Kemi Adeosun’s application for NYSC
exemption, and seeking to compel them to explain if Adeosun obtained any
Exemption Certificate from the NYSC.”
In the suit number FHC/L/CS/1369/18 filed 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 Mrs Kemi 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 August 2 to Mr 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,
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 the
following reliefs:
A declaration that the
failure of the respondents to provide the applicant with specific documents and
information on Mrs Kemi Adeosun’s application to it for NYSC Exemption is
unlawful and amounts to a breach of the Respondents’ responsibility/obligation
under the Freedom of Information Act 2011.
An order of mandamus directing
and/or compelling the respondents to urgently provide the applicant with
specific documents and information on Mrs Kemi 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.
A declaration that the
failure of the respondents to provide the applicant with specific documents and
information on the following:
i. the procedure under the
National Youth Service Corps (NYSC) Act, Laws of the Federation of Nigeria,
2004 to “apply” for NYSC Exemption;
ii. ii. whether an
authorised official of the NYSC actually issued an Exemption Certificate to
Mrs. Kemi Adeosun;
iii. 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.
An order of mandamus
directing and/or compelling the respondents to urgently provide the applicant
with specific documents and information on the following:
i. the procedure under the
National Youth Service Corps (NYSC) Act, Laws of the Federation of Nigeria,
2004 to “apply” for NYSC Exemption;
ii. whether an authorised
official of the NYSC actually issued an Exemption Certificate to Mrs. Kemi
Adeosun; 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.
No date has been fixed for
the hearing of the suit.
