Socio-Economic Rights and Accountability Project (SERAP) has urged the Federal High Court in Abuja to order state governors and the minister of the Federal Capital Territory, Nyesom Wike, to account for billions of naira spent on 'security votes' since May 29, 2023.
SERAP, in the suit marked (FHC/ABJ/CS/95/2026), is also asking the court to order the governors and Wike to give detailed reports on the allocation of security votes, the implementation status, and plans to improve security infrastructure.
The civil society organisation stated that the suit was filed against the defendants following reports of the Benue massacre and ongoing insecurity issues across several states and the FCT, despite over N400 billion allocated annually as 'security votes.'
In an affidavit attached to the suit, SERAP argues that Nigerians have a right to know how public funds intended for security are spent, especially given the growing insecurity affecting vulnerable populations and hindering social and economic development.
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The plaintiff also averred that many governors and the FCT minister have failed to fulfil their constitutional duty to protect lives and property.
SERAP maintained that the Nigerian Constitution never intended for security votes to be spent in an opaque manner, and that transparency is vital to democracy.
The plaintiff further submitted that despite allocating billions of naira annually for security votes, many governors and the FCT ministers are failing to effectively ensure the security and well-being of Nigerians, contrary to section 14(2)(b) of the Nigerian Constitution.
The organisation stated that ensuring that governors and the FCT minister account for their security votes could promote an honest dialogue with Nigerians about security issues and their responses.
SERAP stated, "The secrecy and lack of oversight in security votes have historically led to large-scale misappropriation of public funds.
"The secrecy surrounding security votes has also hindered the public's ability to hold officials accountable for their constitutional duties to protect and promote welfare.
"There is a legitimate public interest in understanding how they have spent their security funds.
"While some operational secrecy might be justified for national security reasons, there is no legal or constitutional basis to conceal basic information about public spending.
"The Supreme Court's landmark ruling confirmed that the Freedom of Information Act applies to all public records in Nigeria, including those related to security votes in states and the FCT.
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"Furthermore, the Court emphasised that any state-level freedom of information laws are subordinate to the federal FOI Act.
"Failure by governors and the FCT minister to disclose or explain security votes breaches public trust, violates the Constitution, anti-corruption laws, and Nigeria's human rights commitments.
"Treating security votes as personal entitlement undermines constitutional and international standards. These funds should enhance state security or be returned to the public treasury.
"Section 13 of the Nigerian Constitution mandates states and the FCT to adhere to constitutional provisions," SERAP stated. No date has been set for the trial of this case.
