Civil society organisations have filed a lawsuit against the Niger Delta Development Commission (NDDC) alleging that it violated the Freedom of Information Act by withholding information on its 2020 budget.
The Social Development Integrated Centre (Social Action), the Foundation for Environmental Rights, Advocacy, and Development (FENRAD), and other advocacy organisations in Abia State claim that despite having plenty of time to respond to their complaints, the NDDC violated the FIO act.
In a motion ex parte filed under order 34 rules 3(1) and (2) of the federal high court's (Civil Procedure) Rules 2019 on behalf of the organisations. J.C. Anyigor Esq. of the legal firm NCN & Partners in Umuahia, Abia State, filed the lawsuit on December 22, 2022, with case number FHC/UMU/CS/349/2022 within the inherent jurisdiction of the Honourable Court for Judicial Review.
The groups that initially requested information from NDDC under the Freedom of Information Act also asked for the 2020 budget, information on the procurements made during the time, information on the vendors used in the procurement process, information on the bidding process, information on the contractors who carry out the projects, information on the projects themselves, the locations of the budget-funded projects, and information on the procedure for paying the contractors.
The groups claim that their request was made in accordance with the Freedom of Information Act, which gives citizens' groups the legal right to ask such questions of public figures, private persons, and private companies.
They assert that rather than delivering the necessary budget information, the commission sent them back to the National Assembly. Additionally, they required that N350,000 be paid as a processing charge to the commission in the form of a certified bank draught in the name of NDDC in order to prepare the procurement paperwork.
However, because the amount requested does not comport with the terms and letters of the Act as a regular charge, the CSOs have characterised the NDDC's financial demand as unjustified, unsubstantiated, and unnecessary.
Prime9jaOnline obtained a copy of the move on Monday, which states in part: “That on August 9, 2022, an application was written by the executive director of the first applicant (FENRAD) on behalf of the applicants to the respondent (NDDC) asking some information and records contained therein.”
“That service of the said Application Letter was duly effected on the respondent on 11/8/2023. The stamped acknowledgement copy of the application evidencing service of same is hereby attached and marked as “Exhibit A.”
“That despite the service of the application and the acknowledgement of service of same, the respondent failed and refused to make the necessary disclosures within seven days of service.
“That after the expiration of seven days from service, a reminder letter was again written on behalf of the applicants on September 27, 2022, by the executive director of the first applicant to the respondent urging them to make the necessary disclosures.
“The said letter of reminder was served on the respondent on 27/9/2022, and receipt of same duly acknowledged by the respondent. The stamped ‘acknowledgement copy of the letter of reminder is hereby attached and marked “Exhibit B” 13. That after the service of the letter of reminder, a man who identified himself as a staff of the respondent (whose name I cannot remember) came to the first applicant’s office once in October and once in November, asking us for time to enable the respondent work on our application.
“That due to the information he relayed to us, the applicants delayed filing this application in court to enable them to provide us with the information and records sought.
“That while waiting for the information and records, the respondent through that their staff mentioned in paragraph 13 of this affidavit came to our office on November 30 and informed our office clerk that the respondent had a parcel for us at the Nigerian Postal Service (Nipost) Umuahia office.
“That the respondent’s letter made no disclosures but rather demanded an exorbitant and unfounded sum of B\sN350,000 to be paid to them.
“This legal action is to compel NDDC to make this information available in line with the provision in the FOI Acts through Judicial Review.”