Nigerian states have no powers to reject requests filed under the Freedom of Information Act (FoI), the Court of Appeal has ruled.

In a March 27 decision at the Akure Division, the Court of Appeal ruled that the requests for information, especially around public expenditure, under the FoI, are made in public interest and should be honoured by all states.

The decision came in an appeal filed by Martins Alo, a journalist, against the Speaker of Ondo State House of Assembly and Auditor-General of Ondo State.

Mr Alo had demanded the audited report of Ondo State Government between 2012 and 2014 to properly access how public funds are utilised in the state. But the request was rejected, prompting him to seek judicial redress.

The Akure Division of Ondo State High Court had previously ruled in 2016 that Mr Alo had no right to demand how the state was spending money, saying the FoI was not applicable to states and the request was not in public interest to begin with.

The judge, Williams Akintoroye, also said Mr Alo should pay a damage of N10,000 for wasting time and resources of the state.

But Mr Alo’s lawyer, Femi Emodamori, appealed the ruling on behalf of his client, arguing that Mr Akintoroye erred in his judgment and that his client was acting in public interest.

A three-member panel at the Court of Appeal rejected Mr Akintoroye’s ruling and agreed with the appellant that the FoI was applicable to states and it was in public interest for the state government to release its audited report.

The Court of Appeal judges who sat on the matter included Uzo Ndukwe-Anyanwu, Obande Ogbuinya and Ridwan Abdullahi.

Mr Ndukwe-Anyanwu wrote the lead opinion, saying Mr Alo has a right to act on behalf of the public to obtain the information from state authorities. He also quashed the N10,000 fine imposed by the lower court.

“In a democratic dispensation, such as the Nigeria’s, the citizens have been proclaimed the owners of sovereignty and mandates that place leaders in the saddle,” Mr Ogbuinya said in his concurring opinion.

The citizens have a right to know details of “expenditure of public funds generated from their taxes,” Mr Ogbuinya added.

Several states, including Lagos, Adamawa, Akwa-Ibom and Ondo, have been rejecting FoI requests relating to their activities since the law was signed in 2011 by former President Goodluck Jonathan.

Oya let's take it to the Supreme Court on time, so that the law can be binding on all in no distant time! Because I trust these politicians to delay the movement to the highest court.

Nice one! We must know how our money is being spent by these rogues

https://www.nairaland.com/1566372/foi-not-binding-states-lagos

Now fowl nyash don open. This thread is from 2012 when Fashola refused to open his books

Anyway I see them going to supreme court to fight this futher. If anyone still cares they should use FOI to find out funny business going on in state like Paris club refunds.

Hey mapet update to story.

Heghn!

*Lagos SANS and intelligentsia dusting their gowns to defend the rank Opacity of Public procurement and administration at all cost.*


LASG: You elected us to administer your tax you didn't elect us for us to be rendering account on every little thing. Haba. Pay Your Tax!

Blue3k:
Anyway I see them going to supreme court to fight this futher. If anyone still cares they should use FOI to find out funny business going on in state like Paris club refunds.

Hey mapet update to story.

Of course they will escalate to Supreme Court. Government money is the sweetest and they have been fighting tooth and nail from the High Court level to keep spending public funds like their fathers bequeathed it to them. Unfortunately for them they have no case and the SC no get time

Blue3k:
Anyway I see them going to supreme court to fight this futher. If anyone still cares they should use FOI to find out funny business going on in state like Paris club refunds.

Hey mapet update to story.

Thanks Bro. for calling my attention to this.

My tots are

1. It will do our polity, economy and collective sense of probity and equity a world of good if we allow the FOI act to come to live. Simply speaking, we cannot continue to treat public "assets" as private and exclusive preserve of few, even if they are doing good.
2. Unfortunately, the proponents and drafters of the act left loop holes, leaving the courts to interprete. Look at sections 1 - 3

Enacted by the National Assembly of the Federal Republic of Nigeria
1. (1) Notwithstanding anything contained in any other Act, law or regulation, the right of any person to access or
request information, whether or not contained in any written form, which is in the custody or possession of any
public official, agency or institution howsoever described, is established.
(2) An applicant under this Act needs not demonstrate any specific interest in the information being applied for.
(3) Any person entitled to the right to information under this Act, shall have the right to institute proceedings in
the Court to compel any public institution to comply with the provisions of this Act.

How and why they did not see that "public official", "agency" or "institution" will be deemed non-specific is complex in itself. I must confess, I would not have seen it either.

3. Yes it would go to supreme courts. I stand on the side of FOI, [even though I see some downsides], I was indifferent in the past. Hope it comes to effect in tis fuillness
4. Let us remember that FOI bill was sponsored by Abike Babiri-Erewa. Her name should be engraved in the annals of Probity and Transparency (if such ever exists)