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“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.

The states argued that the FoI is a federal law and its provisions are simply not binding on their respective jurisdictions, frustrating accountability efforts by media outlets and transparency advocates.

“The decision of the Court of Appeal is consistent with well-established principles of legislation,” said rights activist Inibehe Effiong.

Mr Effiong, who has repeatedly filed judicial proceedings for public disclosure of expenditure by states, told PREMIUM TIMES the states are willfully wasting public funds in pursuing the cases because the Nigerian Constitution is clear on laws like FoI..

“By virtue of paragraph four and five in part two of the second schedule of the Constitution, the states should know that the National Assembly can make laws with respect to the archives and pubic records,” he said. “The FoI Act is a law that stipulates how the public should have access to public record.”

“Even if a State House of Assembly makes a law about how the public should have access to public record, such law would only be subservient to a similar one passed by the National Assembly.

‘I am not surprised by the judgement. The states too know this but they’re just wasting public funds in challenging the matter, he added. fine imposed by the lower court.

“Only international treaties and instruments could be domesticated, you don’t need to domesticate a federal law,” the lawyer added. “Anyone who is aggrieved should proceed to the Supreme Court, but I am confident that the Supreme Court will uphold the ruling of the Court of Appeal.”

It was not immediately clear whether Ondo State lawyers, led by Taiwo Olubodun, plan to appeal the ruling to the Supreme Court.

The Ikeja Division of Lagos State High Court had reached a similar conclusion in late last year, telling Lagos State government to immediately comply with all FoI requests because the state was bound to obey federal laws.

But the state rejected the ruling, filing an appeal to have it overturned. Based on the principle of precedent, the Lagos State appeal would be struck out following the latest ruling in Akure.



It's another great day for democracy.

https://www.premiumtimesng.com/news/headlines/264863-freedom-of-information-act-applicable-to-all-states-in-nigeria-appeal-court-rules.html

There is still slight hope with these kinds of judges.
With this ruling people should demand the expenditure accounts of Lagos state government since the era of Tinubu to Fashola(that publicly proclaimed that FOI cannot be domesticated in Lagos!),down to Ambode that is constructing without a single cost being publicly made known.
The revelations will be earth shaking.

Good Judgement.

OK.. Meanwhile I have a 2008 spider SE for 1.550m
A Benz 814 open back truck for 1.350m
A newly imported 4tonnes Forklift for 5.5m....all in Port Harcourt click my Monika..

Nigeria is one hell hole of paradoxical laws...

If you enter any govt agency and you want to exercise this FOI law, the govt workers there too will invoke "Official Secrecy Act"

That's good.

Buhari should tell us how much he spent on his medical trips to London and how much spent on Yusuf accident treatment too.

chloride6:


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.

This judge is a grade-A goat!

Power must change hand in Nigeria in Jesus name-Amen!! It has gradually started

for those shouting Tinubu and Lagos state. Has it even been obeyed by both FG and other states.

This judgement will set a precedent. A lot of states will also be required by their citizens to make available their audited reports. The trend will promote accountability and reduce pilfering of public funds by State governors.

This is some good news,some hope,some light in this tunnel called Nigeria.

I have wasted my time on reading a good news bothering a shithole country

nice development

do not agree with the judgment though happy with th outcome.Still Federal laws do not appy to states government. The court should have stopped at the public interest justification.


This appears to comtradict the EFCC judgment

doctokwus:
There is still slight hope with these kinds of judges.
With this ruling people should demand the expenditure accounts of Lagos state government since the era of Tinubu to Fashola(that publicly proclaimed that FOI cannot be domesticated in Lagos!),down to Ambode that is constructing without a single cost being publicly made known.
The revelations will be earth shaking.

This is s coup against to tinubu&co

Good news.

chloride6:

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.

Thank you sir for being an exemplary and courageous leader of our potentially great country.
You remain the hero of our democracy.

0monnak0da:
do not agree with the judgment though happy with th outcome.Still Federal laws do not appy to states government. The court should have stopped at the public interest justification.

This appears to comtradict the EFCC judgment

What EFCC judgement?

lailo:
for those shouting Tinubu and Lagos state. Has it even been obeyed by both FG and other states.

Have YOU made a FoI request that was not respected by the federal government?
Do YOU know of anyone who made such request to the federal government but was rejected?
How many of those whom YOU know made a request and were rejected by the federal government approached the court for justice?
Did you omit the part of the news that mentioned other states

Mysticluv:
Power must change hand in Nigeria in Jesus name-Amen!! It has gradually started

It started long ago and continues with the doggedness of the journalist who took the case to court and continued to the Appeal Court after losing the first round.
That is how progress is made- you work and then God blesses your work. If you are only praying and waiting on emptiness, you will wait forever and those making persistent efforts will continue to dominate you.
QED!
Faith without works is death.
I hope that you have your PVC ready so that power can continue to change hands. Do you

texazzpete:
This judge is a grade-A goat!

Maybe that is why his surname also starts with A.

abiodunalasa:
Nigeria is one hell hole of paradoxical laws...

If you enter any govt agency and you want to exercise this FOI law, the govt workers there too will invoke "Official Secrecy Act"

It is not everything that is covered by the Official Secrecy Act.
Government budget and expenditure is not.
Let us stop making lazy excuses and get working on the improvement that we want for our country. Shall we

Before nko?

lailo:
for those shouting Tinubu and Lagos state. Has it even been obeyed by both FG and other states.

Lagos has been asked to comply via FOI requests which it refused. By order of court, it must now comply. Other states that have received same request are also expected to comply, simple. Is Lagos not the supposed No 1 state in Nigeria? It must live up to that tag.

Mr Alo has done well. More power to him and others like him who are testing our legal system and exposing the thinking of "judges" like Mr. Akintoroye.

Why has it taken this long? It has taken so long because the rest of us leave the hard work to the Martins Alos of this world.

Some people here are upset because the hypocrisy of their idol (former lagos governor) is being laid bare. It is strange how a court ruling that makes for more open government across the board is offensive to these people.

Hypocrites.

VolvoS60:
Mr Alo has done well. More power to him and others like him who are testing our legal system and exposing the thinking of "judges" like Mr. Akintoroye.

Why has it taken this so long? It has taken so long because the rest of us leave the hard work to the Martins Alos of this world.

Some people here are upset because the hypocrisy of their idol (former lagos governor) is being laid bare. It is strange how a court ruling that makes for more open government across the board is offensive to these people.

Hypocrites.

Lol.... and they will be the first to accuse others of supporting looters....

seguno2:


What EFCC judgement?

There is a recent judgement passed in the case of Ekiti state which states that the EFCC cannot investigate the finances of the state.