Buhari’s minister Adeosun, NYSC dragged to court over certificate saga

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, Mrs Kemi
Adeosun's application for NYSC exemption, and also 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 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 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 2
August 2018 to General Kazaure, giving him 7 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.

"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."

No date has been fixed for hearing.

Last week, Presidential Advisory Committee Against Corruption (PACAC)
Chairman, Itse Sagay (SAN), described the controversy about Adeosun's
certificate as unnecessary.

Sagay also stated that President Muhammadu Buhari cannot afford to
sack Adeosun because the minister is "brilliant".