MRA Gets Leave to Sue Customs, Code of Conduct Bureau for Non-Compliance with FOI Act

 Two Federal High Courts in Abuja have granted a non-governmental organisation with focus on Access to information and freedom of expression,  Media Rights Agenda (MRA) leave to sue the Nigeria Customs Service and Code of Conduct Bureau for alleged non-compliance with the Freedom of Information (FOI) Act and violation of the organization’s right to access of information.

The two suits were  instituted separately in line with MRA’s  commitment to enforcing compliance with the FOI Act after public institutions have been inducted into its Enhanced FOI Hall of Shame.

The Court granted MRA leave to proceed with its claim against the Nigeria Customs Service following the motion exparte argued by the organisation’s lawyer, Ms.Benedicta Obanye.

Another Federal High Court granted MRA leave to apply for, among other things, an order to compel CCB to comply with the provisions of the FOI Act, following a motion ex parte filed on its behalf by another lawyer, Mr Monday Isah Adah.

In the first motion in which the Nigeria Customs Service, its Comptroller- General, the Nigeria Customs Service Board and the Attorney General of the Federation were named as the respondents, Ms. Benedicta Obanye sought judicial permission to enable MRA to apply for declarations and orders from the court compelling the customs service to perform its statutory duties under the FOI Act within 30 days of the court’s order and to pay MRA the sum of N15 million as exemplary and aggravated damages for the violation of its rights of access to information guaranteed by the Act.

She argued, before Justice Mohammed sitting in Court 4, that MRA has a right under Sections 2 (6) and 1(3) of the FOI Act to institute proceedings in court to compel any public institution, including the Nigeria customs service, to comply with the provisions of Section 2 of the Act and the Act in entirety respectively.

In the suit FHC/ABJ/CS/126/2020, MRA is seeking the Declarations and Orders:

A declaration that the failure and/or refusal by the Nigeria Customs Service to proactively publish the information specified in Section 2(3)(b) – (f) of the Freedom of Information Act and widely disseminate the said information as required by Section 2(4) of the Freedom of Information Act, 2011 amounts to a breach of the its statutory duty under Section 2(3) and (4) of the said Act and constitutes a violation of the MRA’s rights of access to information established and guaranteed by Section 1(1), 2(4) of the Freedom of Information Act, 2011.

A declaration that the failure and/or refusal by the Nigeria Customs Service to proactively publish the title and address of the appropriate officer of the service to whom an application for information shall be sent as required by Section 2(3) (f) of the Freedom of Information Act, 2011 amounts to a breach of the Nigeria Customs Service’s statutory duty under the said Act and constitutes a  violation of the MRA’s rights of access to Information established and guaranteed by Section 1(1), 2(4) of the Freedom of Information Act, 2011.

A declaration that the failure and/or refusal by the Nigeria Customs Service to ensure the provision of appropriate training for its officials on the public’s right of access to information and records held by the Nigeria Customs Service institution for the effective implementation of the Freedom of Information Act, 2011 amount to a breach of the Nigeria Customs Service’s statutory duty under Section 13 of the said Act and constitutes a violation of the MRA’s rights of access to Information established and guaranteed by the Freedom of Information Act, 2011.

A declaration that the failure of the Nigeria Customs Service to widely disseminate and make readily available to members of the public the information specified in Section 2(3) (b) to (f) amounts to a breach of its statutory duty and a flagrant violation of the provisions of Sections 2 (1), (2), (3), (4) and (5) of the Freedom of Information Act, 2011.

A declaration that the Nigeria Customs Service’s failure to submit to the Attorney-General of the Federation its annual report of the implementation of the Freedom of Information Act, covering the fiscal years 2011, 2012, 2013, 2014, 2015, 2016, 2017 and 2018 and to make the said reports available to the public amounts to a breach of its statutory duty and a gross violation of section 29(1) (2) of the Act.

An order compelling the Nigeria Customs Service to comply with the provisions of Sections 2 (1), (2), (3), (4) and (5) of the Freedom of Information Act, 2011 by publishing and widely disseminating and making readily available to members of the public the information specified in Section 2(3) (a) to (f) of the said Act within 30 days of the Order of this Honourable Court.

An order compelling the Nigeria Customs Service to ensure the provision of appropriate training for its officials on the public’s right of access to information and records held by the institution for the effective implementation of the Act within 30 days of the Order of this Honourable Court.

An order compelling the Nigeria Customs Service to submit to the Attorney-General of the Federation its annual reports on its implementation of the said Act covering the fiscal years 2011, 2012, 2013, 2014, 2015, 2016, 2017 and 2018, as required by Section 29 (1) of the Freedom of Information Act, 2011 within 30 days of the Order of this Honourable Court.

An order directing the Nigeria Customs Service, its Comptroller- General and the Nigeria Customs Service Board to pay to MRA the Sum of N15, 000.000.00 (Fifteen Million Naira) only on the footing of exemplary and aggravated damages for the flagrant and unlawful violation of the MRA’s right of access to Information established and guaranteed by Section 1(1) & 4 of the Freedom of Information Act, 2011.

In a similar development, the Court granted MRA leave to apply for, among other things, an order to compel the Code of Conduct Bureau (CCB) to comply with the provisions of the FOI Act, following a motion ex parte filed on its behalf by its lawyer, Mr Monday Isah Adah.

 In the suit filed against the Code of Conduct Bureau and its Chairman, the Attorney General of the Federation was joined as a party because he  has the responsibility of ensuring that all public institutions comply with the provisions of the Act by virtue of Section 29 (6) of the Act.

MRA is complaining that CCB failed to perform its statutory duties under the FOI Act, following which it is asking the court to grant it leave to apply for judicial review and seek the following reliefs:

A declaration that the failure and/or refusal of the Code of Conduct Bureau to proactively disclose and widely disseminate information held in its custody as required by Section 2(3) of the Freedom of Information Act, 2011 amount to a violation of MRA’s rights of access to information established and guaranteed by Section 1(1), 2(4) of the Freedom of Information Act, 2011.

A declaration that the failure and/or refusal by the Code of Conduct Bureau to proactively disclosure the title and address of the appropriate officer of the Bureau to whom an application for information shall be sent as required by Section 2(3) (f) of the Freedom of Information Act, 2011 amount to a violation of MRA’s rights of access to information established and guaranteed by Section 1(1), 2(4) of the Freedom of Information Act, 2011.

A declaration that the failure and/or refusal by the Code of Conduct Bureau to comply with Section 13 of the Freedom Information Act, 2011 in training of its officials on the public’s right of access to information and records held by the Bureau for the effective implementation of the Act amount to a violation of MRA’s rights of access to information established and guaranteed by the Freedom of Information Act, 2011.

A declaration that the failure of the Code of Conduct Bureau to widely disseminate and make readily available to members of the public through prints, electronics, online and at the office of the Bureau amounts to a flagrant violation of the provisions of Section 2 (1), (2), (3), (4) and (5) of the Freedom of Information Act, 2011.

A declaration that the Code of Conduct Bureau’s failure to submit its annual report of the implementation of the Freedom of Information Act amount to a violation of section 29(1) (2) of the Act.

An order of mandamus compelling the Code of Conduct Bureau to comply with the provisions of Sections 2 (1), (2), (3), (4) and (5) of the Freedom of Information Act, 2011 by widely disseminating and making readily available to members of the Public through Prints, electronics, online and at the office of the 1st Respondent, the Information specified therein.

An order of mandamus compelling the Code of Conduct Bureau to train its officials on the public’s right of access to information and records held by the institution for the effective implementation of the Act.

An order of mandamus compelling the Code of Conduct Bureau to submit its annual report of the implementation of the Act as required by Section 29 (1) for 2018 and that of previous years.

The Sum of N15, 000.000.00 (Fifteen Million Naira) only on the footing of exemplary and aggravated damages for the unlawful violation of the Applicant’s right of access to Information established and guaranteed by Section 1(1) and 4 of the Freedom of Information Act, 2011.

Segun Fatuase
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