The Ilorin Juducial Division of Federal High Court has permitted Elites Network for Sustainable Development (ENetSuD) to sue the Universal Basic Education Commission (UBEC) over its failure to account for how the money it received for execution of 2018 capital and constituency projects in Kwara State was spent.
It will be recalled that ENetSuD wrote Freedom of Information (FOI) requests to UBEC on 2 different occasions via letters referenced ENetSuD/FOI/2018/FGP/01/8 and ENetSuD/FOI/2018/FGP/01/21, which were duly received and acknowledged by UBEC on 12th April, 2019 and 17th May, 2019 respectively. Despite the failure of UBEC to respond to any of these letters, ENetSuD wrote a 30-day pre-action notice and submitted it to UBEC on 23rd September, 2019.
In the original requests, ENetSuD asked UBEC to provide the financial and technical details of execution of the following 2018 Federal Government-budgeted capital and constituency projects it executed in Kwara State:
- (ERGP23115190) Provision of Furniture to Selected Schools Within Kwara Senatorial District (500 million naira)
- (ERGP30115192) Provision of Instructional Materials and Desk to Some Selected Schools across Kwara Central Senatorial District (710,300,000 naira)
- (ERGP2102317) Provision of Instructional Materials in Baruten/Kaiama, Kwara State (200 million naira)
- (ERGP2102363) Construction of 3 Female and 3 Male VIP Toilets with Borehole and Generating Set in Ifelodun/Oyun/Offa Federal Constituency, Kwara State (200 million naira)
- (ERGP2102453) Renovation of Aliyahudeen Primary School, Ogidi, Ilorin West, Kwara State (10 million naira)
- (ERGP2102483) Provision of Instructional Materials to Asa/ Ilorin West, Kwara State (30 million naira)
- (2018ZIP199) Renovation and Construction of Schools in Kaiama and Baruten LGA, Kwara state (38 million naira)
- (2018ZIP265) Construction of a Block of Two Classrooms with Furniture, VIP Toilets and Supply of Educational Materials within Kwara Central Senatorial District (850 million naira)
- (2018ZIP266) Supply of School Furniture at Mohammad Kamalud-Deen, Kwara Central Senatorial District (70 million naira)
The failure of UBEC to respond after the 30-day pre-action notice led ENetSuD to file an ex-parte motion on 31st October, 2019 pursuant to Order 26 Rule 8(1) of the Federal High Court, praying for an Order of the Honorable Court to grant ENetSuD a leave to file a Writ of Mandamus against UBEC, and for such further Order(s) as the Court may deem fit to make in the circumstances.
Upon reading the grounds for the application and affidavit in support deposed to by the Assistant General Secretary of ENetSuD (Mr. Aliyu Moshood) and after hearing ENetSuD’s counsel (J.R. Yusuf Esq.) urging the Court to grant the prayers, the Court finally granted ENetSuD’s application against UBEC.
In the Order issued under the seal of the Court and the hand of the presiding judge on 18th of November, 2019, the Honorable Court ordered as follows:
- An Order of the Court granting ENetSuD leave to file a Writ of Mandamus against UBEC
- The Order shall be served on UBEC alongside with the Writ of Mandamus and all other processes filed for the UBEC to show cause why a Writ of Mandamus should not be made against it within 5 days from the date of service
- The matter adjourned to 10th day of December, 2019 for mention.