FOI: Court grants SERAP leave over release of FG audited reports for 1999-2015

By -
(Nigeria) As Nigeria marks its 18th Democracy Day anniversary, a Federal High Court sitting in Lagos, has  granted  Socio-Economic Rights and Accountability Project, SERAP and Paradigm Leadership Support Initiative, PLSI,  leave to secure the release of Federal Government audited reports for 1999-2015.
Trial judge, Justice Oluremi Oguntoyinbo gave SERAP and PLSI the permission to apply for judicial review and seek an order of mandamus directing and compelling the Federal Government and the Auditor General of the Federation to publish the audited reports for 1999-2015.
The order granting leave by the court followed the hearing of an argument in court on exparte motion by SERAP deputy director Timothy Adewale.
The order by Justice Oguntoyinbo has now cleared the way for SERAP and PLSI to advance their case against the government. The motion on notice is set for Wednesday 28 June 2017 for the hearing of argument on why the government should not be directed and compelled to release and publish the audited reports.
The suit number FHC/L/CS/57/2017 filed by SERAP in conjunction with the PLSI followed a Freedom of Information request to the Federal Government and the Auditor General of the Federation dated 21st December, 2016. Mr Adewale argued in court that the Federal Government and Auditor General of the Federation have failed, refused and/or neglected to provide SERAP and PLSI the details of the information requested.
Adewale also argued that, “Refusal to publish the audited reports so that Nigerians can have the opportunity to carefully review the reports goes far beyond the limitations allowed under the FOI Act and international law, and negates the principle of Open Government Partnership (OGP) to which Nigeria is a signatory. The right to receive information without any interference or distortion should be based on the principle of maximum disclosure, and a presumption that all information is accessible subject only to a narrow system of exceptions.”
The suit read in part: “By virtue of Section 1(1) of the FOI Act 2011, SERAP and PLSI are entitled as of right to request for or gain access to information which is in the custody or possession of any public official, agency or institution. By the provisions of Section 2(7) and 31 of the FOI Act, the Defendant/Respondent is a public official/institution.”
“Under Section 4 (a) of the FOI Act when a person makes a request for information from a public official, institution or agency, the public official, institution or agency to whom the application is directed is under a binding legal obligation to provide the information requested, except as otherwise provided by the Act, within 7 days after the application is received. The information requested relates to the audited reports of the federation for the following previous years: 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, and 2015 (1999-2015).”
“The information requested does not come within the purview of the types of information exempted from disclosure by the provisions of the FOI Act. The information requested for, apart from not being exempted from disclosure under the FOI Act, bothers on an issue of national interest, public concern, social justice, good governance, transparency and accountability. The information is not privileged in any way or manner; and the Defendant/Respondent will not suffer any injury or prejudice if the information is released/published.”
The suit is seeking the following reliefs:
*A declaration that the failure of the Respondent to provide and furnish the Applicants the audited reports of the federation for the following previous years: 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, and 2015 (1999-2015) is illegal and unlawful as it contradicts and in conflict with the duties of the Respondent under the Freedom of Information Act, 2011.
*An order of mandamus compelling and/or mandating the Respondent to immediately provide and furnish the Applicants the audited reports of the federation for the following previous years: 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, and 2015 (1999-2015), and to publish same widely including on a dedicated website

Comments

Post a Comment

Popular posts from this blog

UBTH @50: Obaseki hails institution’s role in strengthening Edo healthcare

By -
Image
(Nigeria) Governor Godwin Obaseki of Edo State, has commended the staff and management of the University of Benin Teaching Hospital, UBTH, for their unwavering commitment, dedication, and hard work in providing high-quality healthcare services to the people of Edo State and Nigeria in the past fifty years. Obaseki, at a dinner organized in honour of the Committee of Chief Medical Directors of Nigeria, at the Government House, Benin City, reassured the government’s continuous partnership and collaboration with the federal government-owned health institution to strengthen the health system and ensure quality health delivery to Edo people. The governor, who was represented by his deputy, Philip Shaibu, reeled out the gains of the government’s reforms in the health sector, commending the medical centre for bolstering the government’s efforts at transforming Edo State into a health hub. He said, "We came into a wilderness where you have to cut a part for yourself and fix it. We held...
Read more

Osun: S'Court ruling affirmed power resides with the people - Diri

By -
Image
*Bayelsa State Governor, Senator Douye Diri (Nigeria) Bayelsa State Governor, Senator Douye Diri, has said the ruling of the country’s apex court on the Osun State governorship election was an affirmation that power in a democracy resided with the people. Governor Diri, while congratulating Senator Ademola Adeleke in a statement issued by his Chief Press Secretary, Daniel Alabrah, on Wednesday, expressed joy that the Supreme Court sealed the mandate freely given to the governor by the Osun people. The Bayelsa governor also said the verdict reflected the current mood of the country where those whose stock-in-trade is to promote electoral violence and subvert the will of the people have no place in our electoral system. He expressed the hope that introduction of the Bimodal Voter Accreditation System, BVAS, will instil more confidence in the electoral process, urging the Independent National Electoral Commission, INEC, to deepen Nigeria’s democracy by also introducing electronic votin...
Read more

NBC has no powers to impose fine on broadcast stations --Court

By -
Image
(Nigeria) The National Broadcasting Commission, NBC, has been restrained by a Federal High Court sitting in Abuja, from imposing fines on broadcast stations in the country. Trial judge in the matter, Justice James Omotosho also set aside the N500,000 fines imposed on March 1, 2019, on each of 45 broadcast stations. The court made the orders in its judgment a suit by the Incorporated Trustees of Media Rights Agenda, MRA, which had sued the NBC. Justice Omotosho held that the NBC, not being a court of law, had no power to impose sanctions as punishment on broadcast stations. The court further held that the Nigeria Broadcasting Code, which gives the commission the power to impose sanction, is in conflict with Section 6 of the Constitution that vested judicial power in the court of law. He said the court would not sit idle and watch a body imposing fine arbitrarily without recourse to the law. He said that the commission did not comply with the law when it sat as a complainant and at...
Read more