ABUJA, Federal Republic of Nigeria. A Federal High Court in Abuja has granted an order of mandamus compelling the Minister of finance allow a non-governmental organisation, Centre for Social Justice (CSJ), access to the reviewed Annual Implementation Freedom of Information (FoI) Report for 2013 as submitted to the Attorney General within seven days.
The judgment was as result of a suit filed by a group, the Centre for Social Justice (CSJ), with the Minister of Finance as the respondent.
Justice Abdulkadir Kafarati equally granted an order of mandamus compelling the Finance Minister “to prepare and submit to the AGF a 2013 Annual Implementation Report that is in line with Section 29 (1) of the FoI Act.”
The judge also faulted the report submitted to the Attorney general of the Federation (AGF) by the Minister of Finance on the implementation and compliance with FoI requests.
The judge declared that “the purported report on implementation of the FoI Act for 2013 prepared and submitted to the Attorney General of the Federation does not satisfy the requirements of Section 29 (1) of the FoI Act.”
Section 29 (1) provides that “on or before February 1 of each year, each public institution shall submit to the Attorney-General of the Federation a report which shall cover the preceding fiscal year.”
Justice Kafarati rejected the minister’s argument that the applicant lacked the locus standi to institute the action.
He upheld the applicant’s argument that it had made out a case for the grant of its requests.
He said: “The applicant has fulfilled all the requirements under the law. In the final analysis, I hold that the applicant having fulfilled all the requirements under the FoI Act for the prayers sought, the applicant’s reliefs are hereby granted.”
The judge has also granted leave to the CSJ to apply for an order of mandamus compelling the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC) to grant to the CSJ access to the details of salaries and emoluments of political office holders as contained in parts A and B of the First Schedule of the RMAFC Act.
Justice Kafarati gave the order in a ruling on a separate suit by CSJ marked:FCH/ABJ/CS/357/2015, with RMAFC as the sole respondent.
Hearing in the case has been fixed for June 30.
Credit: ThisDay (Nigeria)
