A Federal High Court sitting in Abuja has cleared the way for a civil society organization to pursue a judicial review case against local government officials and executives of Abia State over allegations that they refused to comply with the Freedom of Information Act regarding local government allocations.
Justice Ekerete Akpan granted leave to the applicant, the Incorporated Trustees of the Civil Society Observatory for Constitutional and Legal Compliance, after finding that the application had sufficient merit. The judge directed the group to file and serve the substantive motions for judicial review across the 19 suits filed against Abia State local government areas and other parties.
The case stems from a series of Freedom of Information requests filed by the group’s lead counsel, Nnamdi Nwokocha Ahaaiwe, to all 17 local government areas in Abia State along with several state and federal agencies, seeking detailed records of revenue allocations and how those funds were spent.
The organization said its requests covered monthly disbursements from the Federation Account Allocation Committee, VAT receipts, budgets, procurement records, audit reports, expenditure schedules and bank statements tied to council finances.
Named as respondents in the suit are the Chairman of the Abia State House of Assembly Committee on Local Government and Chieftaincy Affairs, the state’s Accountant General Deaconess Njum Uma Onyemenam, Permanent Secretary of the Ministry of Finance Agatha Obichiakwalam, Permanent Secretary of the Ministry of Local Government and Chieftaincy Affairs Lady Oge Maduka, Secretary to the Board of the Central Bank of Nigeria Rashida Jumoke Monguno, and the federal Accountant General, Shamseldeen Ogunjimi.
Also joined in the suit are the Attorney General of the Federation, Lateef Fagbemi, and the Managing Director of Union Bank of Nigeria, Yetunde Oni.
Among its requests, the group is asking the court to declare that the failure of the named respondents to provide the requested information amounts to a deemed refusal and a breach of its rights under the Freedom of Information Act and the Constitution. It also wants the court to declare that the denial constitutes an offense under Section 7(5) of the Act, punishable by a fine of 500,000 naira for each respondent.
The applicant is further seeking an order of mandamus compelling the Attorney General of the Federation to initiate criminal proceedings against the defaulting respondents within seven days of the order being granted, as well as 20 million naira in exemplary damages and 10 million naira in costs against each respondent.
