Civil Society Organisations have dragged the Niger Delta Development Commission (NDDC) before the Federal High Court, Umuahia over the failure of the commission to release details of its 2020 Budget in line with the provision in the Freedom of Information (FOI) Act.
The organisations, Foundation for Environmental Rights, Advocacy and Development (FENRAD) and Social Development Integrated Centre (Social Action) and Abia State NDDC Advocacy groups said the NDDC breached the FIO act despite having sufficient time to respond their demands.
The suit dated December, 22, 2022 with suit No FHC/UMU/CS/349/2022 was filed by J.C.Anyigor Esq of NCN & partners law firm Umuahia, Abia State on behalf of the organisations in motion ex parte brought in pursuant to the order 34 rules 3(1) & (2) of the federal High court (Civil Procedure) Rules 2019 and under the inherent jurisdiction of the Honourable Court for Judicial Review.
The groups in the earlier Freedom of information letter, requested from NDDC, 2020 Budget and details of the procurement made during the period, vendors used in the procurement process, details of the bidding process, details of the contractors who executive the projects, details of the executed projects and location of the projects budgeted as well as the process of the disbursement to the contractors.
The organisations said the request was made in compliance with the provisions of the FOI Act which entitles citizens groups the right to request information from Government institutions, individuals and corporate organizations.
According to them, rather than providing the budget details as requested, the commission refer back the organisation to engage the National Assembly for the Budget and demanded the sum of N350,000 paid to the commission in certified bank draft in favour of NDDC as Processing fee to compile the the procurements documents.
However, the CSOs termed the monetary demand by the NDDC as illogical, unfounded and unwarranted as the amount requested do not accord with the provisions and letters of the Act as standard charge.
Parts of the motion made available to the Guardian on Monday reads: “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) requesting 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 acknowledgment copy of 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 ‘ acknowledgment 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 the filing _ of this application in court, so as to enable them 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 has 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
N350,000 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.”
