Justice Chuka Austine Obiozor of the Federal High Court sitting in Lagos has fixed Thursday April 11, 2019 for hearing of arguments on the motion on notice, on why the names of alleged corrupt contractors should not be published.
A Non-governmental Organisation, the Socio-Economic Rights and Accountability Project (SERAP), had instituted a suit at the Federal High Court seeking “an order for leave to apply for an order compelling the Minister of Power, Works and Housing, Mr. Babatunde Fashola, to disclose the names of the contractors.”
SERAP had in January issued a Freedom of Information request and sued Fashola following allegations by Atiku Abubakar, former Nigeria’s Vice President, that contractors who were paid 100 percent upfront for power projects disappeared with public funds without carrying out any work.
Justice Obiozor granted the order for leave following the hearing of an argument in court on ex parte motion by Mrs Adelanke Aremo, SERAP’s counsel.
Justice Obiozor also ruled that Fashola be put on notice and adjourned the matter to Thursday, April 11, 2019, for the hearing of arguments on the motion on notice on why the names of the alleged corrupt contractors should not be published.
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In the suit number FHC/L/CS/105/19, SERAP was seeking reliefs to compel Fashola to provide specific details on the names and whereabouts of the contractors who collected public funds meant for electricity projects, but disappeared with the money without executing any projects, starting from the return of democracy in 1999 to 2018.
It would be recalled that Fashola had earlier written to SERAP, promising to refer the request for details of alleged contractors and companies that collected money for electricity projects and failed to executive any projects to the Ministry’s agencies for necessary action and appropriate response.
Fashola’s response followed his letter to SERAP in February in which he said: “We have searched the Ministry’s record and the information you applied for is not held by the Federal Ministry of Power, Works and Housing (Power Sector).”
SERAP disagreed with the response, saying: “The public expectation is that government information, when in the hands of any public institutions and agencies, should be available to the public, as prescribed by the FOI Act. The FOI Act should always be used as an authority for disclosing information rather than withholding it.”
In his further response to SERAP’s reaction, Fashola said: “The Ministry’s letter to your organisation was not an attempt to deny the request for information. The ministry is committed to compliance with the laws of Nigeria, including the Freedom of Information Act, 2011. The Ministry will refer your request to its agencies for necessary action and appropriate response.”
