FOI ACT IS A FEDERAL LAW, NOT BINDING ON STATES –COURT

Justice Okon Abang of the Federal High Court, Lagos, has held that the thirty six states of the federation cannot be made to provide any information based on the Freedom of Information (FOI) Act.
Justice Abang further held that the FOI Act, being an enactment of the National Assembly, is only binding on the federal government and its agencies.
The decision of the court was contained in a judgment in respect of a suit filed by Legal Defence and Assistance Project Limited/ GTE against some states of the federation.
The judge ruled that the FOI Act was neither a residual law, nor was it on the concurrent list of the 1999 Constitution (as amended).
Besides, the judge held that if it was the intention that the FOI Act should be binding on states, the Houses of Assembly of each of the thirty-six states of the federation should have been carried along in the process of the enactment of the law.
The court held that the Houses of Assembly of the states of the federation were empowered by the Constitution to make laws for their respective states, and not the other way round.
The Attorney General and Commissioners for Finance of six states namely Lagos, Imo, Rivers, Abia, Akwa Ibom and Delta were sued by Legal Defence and Assistance Project Limited/ GTE over the states’ refusal to provide information requested under the FOI Act. The applicant had written the states and requested for information on the bond raised by the states in the Capital Market.
The request letter was dated December 12, 2011. Specifically, the applicant had requested for details of the amount raised and received by the respective states from the Nigerian Capital Market through public offer or private placement between 2007 and 2011.
The applicant also requested for details of stockholders including individual or company or public entity that bought or acquire interest in the states’ bond or stock at the Capital Market of the respective states.
Besides, the applicant further requested details of how the amounts received in the said Capital Market bond or stock were disbursed and utilised including date of disbursement and their beneficiaries.
But all the states refused to provide the requested information, a development which compelled the applicant to approach the court. The applicant had specifically sought leave of court to bring an application for an order of mandamus to compel the defendants to provide the requested information pursuant to Section 2 of the FOI Act, 2011.
Out of all the states, Lagos and Akwa Ibom filed counter affidavits to the suit, and canvassed arguments on the point that the FOI Act could not be made binding on them, as it was a federal enactment.
They also canvassed arguments on a Supreme Court authority of Fawehinmi Vs IGP reported in 2002, 7NWLR, Pt 768, Section 606, where it was held that a person seeking order of mandamus must show how the refusal of such would affect him more than other members of the society. Justice Abang, after reviewing the case, said he was inclined to agree with the issues raised in the counter affidavits of the defendants.
He added: “In the light of the above, this court lacks jurisdiction to entertain the matter in issue. The same lacks merit; it is an abuse of court process; it is null and void and unconstitutional and it is accordingly struck out.”
The court awarded N10, 000 as cost in favour of each of the states.
Source: National Mirror