Court Orders Ex-Governor Okowa to Account for N200bn Education Funds

The Delta state government has been directed by the federal high court in Lagos to reveal how it utilized more than N200bn in education funds during Ifeanyi Okowa's administration. These funds were received from the Universal Basic Education Commission (UBEC) between 2015 and 2019.

Enter The Ruling 

Daniel Osiagor, the presiding judge, issued the ruling on July 17, following a freedom of information (FOI) suit marked FHC/L/CS/803/2019 brought forward by the Socio-Economic Rights and Accountability Project (SERAP). Back in 2019, SERAP had demanded accountability from Okowa's government regarding the spending of the UBEC funds, but the administration had declined to provide the information at that time.

Subsequently, the anti-corruption group filed an FOI lawsuit, among other actions, with the aim of compelling the Delta government to  “explain the disparity between budgetary allocations to primary education and the reality that several of the 1,124 primary schools across the state are in shambles, and with very poor teaching facilities”. 

The court's judgment directed Sheriff Oborevwori, the governor of Delta, to "reveal the specifics of budgetary allocations and actual expenditures made by the Okowa government from 2015 to 2019, including the specific projects implemented to enhance primary education in Delta state, along with their respective locations." The judge emphasized that SERAP possesses a "recognizable legal entitlement" to inquire and be informed about the management of public funds by public institutions.

In his observation, the judge went on to say:

“I must say that every citizen has a duty to demand transparency and accountability in the governance of public institutions,”  

“Why should a request for details of disbursement and spending of public funds between 2015-2019 by Delta state be a cause of litigation for four years? Public officials are fast developing a state of anomie and cold feet when confronted with requests for audit reports of public duties and budgets.”

Osiagor mandated the Delta state government to provide a disclosure of how the Okowa government spent the sums of over N7.28 billion received from UBEC between 2015 and 2017, and N213 billion received from the Federation Accounts Allocation Committee (FAAC) in 2018, with an average monthly allocation of N17.8 billion.

According to the Judge, the Delta government is also expected to “details of the primary schools that have benefited from the projects carried out on access to free and quality primary education”, including information on indirect costs, uniforms, exercise books, and transport costs to students and their parents. 

Furthermore, the court instructed the government to reveal the actions taken to enhance the general well-being of children in primary schools, including information about any fee-free program implemented across primary schools in Delta state.

In support of SERAP's case, the judge rejected all objections raised by the respondents, which included the Delta state government, Universal Basic Education Commission (UBEC), and the Delta State Universal Basic Education Board.