NGO drags finance minister to court over FOI request

Dave Agba

For failing to grant access to requested information on details of salaries and emoluments of civil servants as distinct from political office holders without explanation, the Centre for Social Justice (CSJ) has sued the Minister of Finance, Dr. Ngozi Okonjo-Iweala, at the Federal High Court in Abuja.

In a suit number FCH/ABJ/CS/155/2014, motion on notice, brought pursuant to order 34 rules 1 and 3(1), (2) and (4) of the Federal High Court (civil procedure) rules 2009; sections 1, 20 and 21 of the Freedom of Information Act 2011 and sections 48(1) and 51 of the Fiscal Responsibility Act of 2007, the CSJ wants the court to declare the minister’s action as an infringement on its right guaranteed and protected by section 1(1) of the FOI Act 2011.
In the motion on notice, the centre is seeking “a declaration that the continued refusal of the respondent to grant to the applicant access to the details of salaries and emoluments of civil servants as distinct from political office holders despite applicant’s demand violates section 4 of the FOI Act 2011;

“A declaration that the continued refusal of the respondent to grant access to the applicant of details of salaries and emoluments of civil servants distinct from political office holders without explanation constitutes an infringement of the applicant’s right guaranteed and protected by section 48 of the Fiscal Responsibility Act 2007;
“And an order of mandamus compelling the respondent to grant to the applicant access to the details of salaries and emoluments of civil servants distinct from political office holders, an order compelling the respondent to pay the applicant the sum of N500,000 as damages for denying the applicant access to information.”

In a 19-paragraph affidavit deposed to by one Omale Omachi Samuel, the organisation had waited for the respondent to grant the request but waited in vain.
It, therefore, prayed the court to grant the prayers in the interest of justice.
Hearing on the matter has been slated for April 28.