Lagos – The
Socio-Economic Rights and Accountability Project (SERAP) has sent a
Freedom of Information request to Governor Ifeanyi Arthur Okowa of Delta
State, requesting him to urgently provide information on details of the
budgetary allocations and actual spending by his government in
ensuring access of Nigerian children to free and quality primary school
education in his state between 2015 and 2019.
SERAP also cited the case of 7-year- old
Success Adegor who was sent home because her parents could not pay the
illegal school fee/levy of N900 and the insufficient and poor-quality
education infrastructure of Okotie-Eboh Primary School 1, Sapele as an
evidence of education deficit in the state.
The organization further held that if
the governor did not supply the information needed within 7 days of the
receipt and/or publication of the letter, “the Registered Trustees of
SERAP shall take all appropriate legal actions to compel Okowa to comply
with their request”.
In the FOI request dated 5 April 2019
and signed by SERAP deputy director Kolawole Oluwadare, the group said:
“Full development of human personality is essential objective of
education. A strong Delta State in the future requires a strong
education system today. A poor education system will severely cripple
Delta State’s future growth, development and sustainability, both
socially and economically. Providing the information as requested would
show your commitment to ensuring access to quality education as a public
good.”
According to SERAP: “Despite the huge
resources available to your government and the massive budgetary
allocations to primary education in your State including from the UBEC
funds, several of the around 1,124 primary schools across the State are
in shambles, and with very poor teaching facilities, thereby
jeopardizing the futures of tens of thousands of Nigerian children in
the State.”
The FOI request reads in part: “SERAP
notes that since assuming office, your government has received over N7.8
billion from “Universal Basic Education Commission (UBEC). Your
government has also received funds from federal allocations to Delta
State. Your government accessed over N3 billion of UBEC funds between
2015 and 2016, while also reportedly approved the release of N1.28
billion counterpart fund to enable it access UBEC funds for 2017.
“Your government also received N213 billion
from Federation Accounts Allocation Committee (FAAC) in 2018, at an
average of N17.8 billion monthly.”
“We urge you to provide details of
budgetary allocations and actual spending by your government between
2015 and 2019, including specific projects carried out to improve access
to free and quality primary education in your state, the locations of
such projects and the primary schools that have benefited from the
projects.”
“We also seek information on specific
details of the steps your government is taking to improve the overall
welfare of children in primary schools across your state, and details of
your government’s fee-free programme, if any, across primary schools in
the state and information on indirect costs, including uniforms,
exercise books, and transport costs to students and their parents.”
“Your government should also provide
details of specific projects by your government to improve access to
education for children with disabilities.”
“SERAP believes that investment in
education is an obligation of States under human rights law, and
adequate resources must be allocated to the education sector including
primary education on enduring basis and in a transparent and accountable
manner.”
“Promoting transparency and
accountability in the spending on primary schools would demonstrate your
commitment to achieve the goal of universal quality education for all
free of costs, as stated in the 2030 Agenda for Sustainable Development,
adopted by the United Nations Summit in July 2015.”
“The goal 4 of the Agenda stipulates
that ‘By 2030, ensure that all girls and boys complete free, equitable
and quality primary and secondary education leading to relevant and
effective learning outcomes.’”
“We note that it is the statutory
responsibility of State Governments in Nigeria to provide free,
compulsory and universal basic education for every child of primary and
junior secondary school age by virtue of Section 2(1) of the Universal
Basic Education Commission (UBEC) Act 2004. Further, under Section 18(1)
(a) of the 1999 Constitution of Nigeria (as amended), government at all
levels in Nigeria should strive to eradicate illiteracy and provide
free, compulsory and universal primary education to the citizens.”
“Nigeria is also a state party to the
Convention on the Rights of the Child, the International Covenant on
Economic, Social and Cultural Rights and the African Charter on Human
and Peoples’ Rights, which require states parties to respect, protect,
promote and fulfil the right to education including primary education.”
“These laws and treaties obligate your
government to ensure the enjoyment of the right to primary education,
including by promoting transparency and accountability in the spending
on education, and taking steps to improve and expand quality and free
education for all.”
“By virtue of Section 1 (1) of the FOI
Act, SERAP is entitled as of right to request for or gain access to
information, including information on details of budgetary allocations
and actual spending on primary schools in Delta State. By virtue of
Section 4 (a) of the Act when a person makes a request for information
from a public official, institution or agency, the public official,
institution or urgency to whom the application is directed is under a
binding legal obligation to provide the applicant with the information
requested for, except as otherwise provided by the Act, within 7 days
after the application is received.”
“By Sections 2(3)(d)(V) & (4) of
the Act, there is a binding legal duty to ensure that documents
containing information relating to spending of allocations and spending
is widely disseminated and made readily available to members of the
public through various means.”
“The information being requested does
not come within the purview of the types of information exempted from
disclosure by the provisions of the FOI Act. The information bothers on
an issue of access to education, development, good governance,
transparency and accountability. The disclosure of the information
requested will give SERAP and the general public a true picture on how
budgetary allocations and UBEC funds received by your state have been
spent to provide access to free quality primary education.”