Richard Ginika Izuora
A Federal High Court in Abuja has cleared the way for Media Rights Agenda (MRA) and multiple award-winning investigative journalist, Ms Tobore Ovuorie, to file a N15 million claim against the Federal Civil Service Commission (FCSC) and the Head of the Civil Service of the Federation (HCSF) for alleged violation of the Freedom of Information (FOI) Act, 2011 and their right of access to information.
Justice Inyang Edem Ekwo granted MRA and Ms Ovuorie leave to apply for, among other things, an order to compel the FCSC and the HCSF to comply with the provisions of the FOI Act, following a motion exparte filed on their behalf by their lawyer, Dr, Kayode Ajulo. The judge thereafter adjourned the matter to February 26, 2020 when MRA and Ms Ovuorie are expected to report to the court on the filing of the suit.
Also joined as a respondent in the motion filed on January 16, 2020 is the Attorney-General of the Federation whom MRA and Ms Ovuorie said has the responsibility of ensuring that all public institutions comply with the provisions of the FOI Act, by virtue of Section 29(6) of the Act.
MRA and Ms Ovuorie are complaining that the FCSC and the HCSF have failed to perform their statutory duties under the FOI Act, following which they asked the court to grant them leave to apply for judicial review and seek a declaration that the failure and/or refusal by the FCSC and the HCSF to proactively disclose and widely disseminate information held by them as required by Section 2(3) of the FOI Act amounts to a violation of their rights of access to information established and guaranteed by Section 1(1), 2(4) of the Act, among others.
Moving the motion exparte, a lawyer in the law firm of Messrs Olukayode Ajulo and Co, Mr. Akinola Oladimeji, who led Mr. Zion Zubaini and Ms Roseline Akinsaumi, noted that MRA and Ms Ovuorie had written to the FCSC and the HCSF requesting them to fulfill their statutory obligations under the FOI Act and to comply with the provisions of Section 2(3), (4) and (5); Section 29(1) and (2); and Section 13 of the Act.
He said although the FCSC and the HCSF received and acknowledged receipt of the letters, they refused to comply with the requests contained in the letters.
Mr. Oladimeji explained that in furtherance of their right guaranteed by the FOI Act, MRA and Ms Ovuorie approached the court to seek leave to apply for a judicial review of the actions of the FCSC and the FCSF.
Justice Ekwo accordingly granted them leave to apply for judicial review under the FOI Act and claim the reliefs they are seeking. He adjourned the matter to February 26, 2020.
