The implementation of the Freedom of Information Act 2011 is being put to test again as the Civil Society Network Against Corruption has asked a High Court in Nasarawa State, sitting in Lafia, to compel the government to disclose information on subventions and allowances to the legislators of its House of Assembly.
The legal step by CSNAC, which is a coalition of over 150 anti-corruption organisations, was a result of the failure of the Speaker of the House of Assembly to respond to the request made by the Chairman of the coalition, Olanrewaju Suraju, demanding for the information.
The defendants are the Speaker of the Nasarawa State House of Assembly, the Nasarawa State House of the Assembly and the Attorney-General and Commissioner for Justice of Nassarawa State.
According to the group, a letter was written to the state Governor, Alhaji Umaru Tanko Al-Makura, on September 9, 2013 requesting for the official information on payment for the new state House of Assembly complex.
The Permanent Secretary, Government House Administration, Usman Abu, on October 29, 2013 replied partially but directed the anti-corruption group to ask the House of Assembly for the remaining information.
Suraju, on behalf of CSNAC on November 13, 2013, relied on the reply of the state government to write the Speaker of the House for the official information on subventions and allowances of the House members.
Responding, the Clerk of the House, Ego Maikeffi Abashe, on December 9, 2013 wrote: “The information cannot be released to the plaintiff owing to the fact that the Economic and Financial Crimes Commission is investigating the matter regarding the said information.”
Terna Agerzua, counsel to CSNAC, in his written address asked: “Whether the fact that information requested is under investigation by EFCC is a ground for refusal to supply same under the Freedom of Information Act 2001.”
Agerzua submitted by citing Sections1(1)and (2) and 12 of the Act, adding: “From the above, it clearly shows that investigation by the EFCC cannot be said to be grounds or reasons for refusal of information as it is done by the defendants.
“The Plaintiff’s application was made on the 13th day of May, 2013, clearly 30 days has since lapse necessitating this application.
“See section 20 of the Freedom of Information Act….”
Not satisfied with the reply by the House, the group headed to court to ask for a declaration that the act of the state House of Assembly by withholding the said information on the ground that the said piece of information being demanded is subject of investigation, is not within the exceptions contemplated by the Freedom of Information Act 2011 and for an order compelling the legislators to release the information together with an order for N1 million general damages.
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