The Centre for Social Justice Limited by Guarantee (CSJ) has filed a lawsuit against Honourable Minister of Transport, Rotimi Amechi, for failing to respond to an freedom of Information request on details of the contracts/agreements signed between the Governments and or Agencies of Nigeria and China for loans related to the construction of railways in Nigeria.
CSJ, in its letter dated 21st of March 2019, demanded that Amaechi provides copies of signed contract agreements, documentation of evidences of the exact railway routes being funded by the loans and the documentation evidencing the sums borrowed by Nigeria, the terms of the borrowing, interest rate, repayment details including any moratorium or amortization period, penalties and sanction in the event of Nigeria’s default, Federal Government of Nigeria’s repayment plans and the cost-benefit-analysis backing the debt transaction.
The group noted that section four of the Freedom of Information Act sets the time
line of 7days for public institution to accede to the request for information while Section 20 prescribes that applications for judicial review should be filed within 30 days after the public institution denies or is deemed to have denied the application or within such further time as the Court may either before or after the expiration of 30 days fix or allow.
It also added that the Freedom of Information Act in Section 1 entitles all Nigerian to a right to access to records in the custody or possession of any public official, agency or institution however described and grants a right of access to the courts for the enforcement of this right. An applicant under the Act need not demonstrate any specific interest in the information being applied for.
After the expiration of the 7 days provided by the FOI Act for the Honourable Minster to respond without the Honourable Minister providing the information, CSJ has now filed a suit at the Federal High Court Abuja.
In the case with suit number: FHC/ABJ/CS/441/2019, CSJ is praying the court to make an order of:
“A declaration that denying the Applicant access to information on the Contracts/Agreements signed between the Governments and or Agencies of Nigeria and China for loans related to the construction of railways in
Nigeria without explanation constitutes an infringement of the Applicant’s right guaranteed and protected by section 1(1) of the Freedom of Information Act 2011.
“A declaration that the continued refusal of the Respondent to grant to the Applicant access to the access to information on the Contracts/Agreements signed between the Governments and or agencies of
Nigeria and China for loans related to the construction of railways in
Nigeria despite Applicant’s demand violates Section 4 of the Freedom of Information Act, 2011.
“A declaration that the continued refusal of the Respondent to grant access to the Applicant information on the Contracts/Agreements signed between the Governments and or Agencies of Nigeria and China for loans related to the construction of railways in Nigeria without explanation constitutes an infringement of the Applicant’s right guaranteed and protected by Section 48 of the Fiscal Responsibility Act 2007
“An order of mandamus compelling the Respondent to grant to the Applicant access to information on the Contracts/Agreements signed between the Governments and or Agencies of Nigeria and China for loans related to the construction of railways in Nigeria specifically for the following information: copies of the signed contract agreements, the documentation evidencing the exact railway routes being funded by the loans, the documentation evidencing the sums borrowed by Nigeria, the terms of the borrowing, interest rate, repayment details including any moratorium or amortization period, penalties and sanction in the event of Nigeria’s default, federal Government of Nigeria’s repayment plans, and the cost-benefit-analysis backing the debt transaction.”
“An order compelling the Respondent to pay to the Applicant the Sum of N1, 000, 000 (One Million Naira) as damages for denying Applicant access to information.”
