The Niger Delta Development Commission (NDDC) has been taken to court by civil society organisations for violating the Freedom of Information Act by withholding information on its 2020 budget.
According to the advocacy groups in Abia State and the Foundation for Environmental Rights, Advocacy, and Development (FENRAD) and the Social Development Integrated Centre (Social Action), the NDDC broke the FIO act despite having ample time to reply to their concerns.
On behalf of the groups in a motion, ex parte brought in according to to order 34 rules 3(1) & (2) of the federal high court (Civil Procedure) Rules 2019. Under the inherent jurisdiction of the Honourable Court for Judicial Review, J.C.Anyigor Esq. of NCN & partners law firm Umuahia, Abia State filed the suit dated December 22, 2022, with case No FHC/UMU/CS/349/2022.
The groups that sent the initial Freedom of Information Act request to NDDC also requested the 2020 budget and details of the procurement made during the period, vendors used in the procurement process, details of the bidding process, details of the contractors who execute the projects, details of the executed projects, and the location of the projects funded by the budget, as well as the process of the disbursement to the contractors.
According to the groups, their request was submitted per the Freedom of Information Act, which grants citizens’ groups the legal authority to make such requests of public officials, private residents, and private businesses.
They claim that the commission referred them back to the National Assembly for the budget rather than providing the requested budget details. They also demanded that the sum of N350,000 be paid to the commission in a certified bank draught in favour of NDDC as a Processing fee to compile the procurements documents.
However, the CSOs have described the NDDC’s monetary demand as unreasonable, baseless, and unwarranted because the sum asked does not conform with the provisions and letters of the Act as a standard fee.
NewsXtra obtained a copy of the move on Monday, which states in part: “That on August 9, 2022, an application was written by the executive director of the first applicant (FENRAD) on behalf of the applicants to the respondent (NDDC) asking some information and records contained therein.”
“That service of the said Application Letter was duly effected on the respondent on 11/8/2023. The stamped acknowledgement copy of the application evidencing service of same is hereby attached and marked as “Exhibit A.”
“That despite the service of the application and the acknowledgement of service of same, the respondent failed and refused to make the necessary disclosures within seven days of service.
“That after the expiration of seven days from service, a reminder letter was again written on behalf of the applicants on September 27, 2022, by the executive director of the first applicant to the respondent urging them to make the necessary disclosures.
“The said letter of reminder was served on the respondent on 27/9/2022, and receipt of same duly acknowledged by the respondent. The stamped ‘acknowledgement copy of the letter of reminder is hereby attached and marked “Exhibit B” 13. That after the service of the letter of reminder, a man who identified himself as a staff of the respondent (whose name I cannot remember) came to the first applicant’s office once in October and once in November, asking us for time to enable the respondent work on our application.
“That due to the information he relayed to us, the applicants delayed filing this application in court to enable them to provide us with the information and records sought.
“That while waiting for the information and records, the respondent through that their staff mentioned in paragraph 13 of this affidavit came to our office on November 30 and informed our office clerk that the respondent had a parcel for us at the Nigerian Postal Service (Nipost) Umuahia office.
“That the respondent’s letter made no disclosures but rather demanded an exorbitant and unfounded sum of B\sN350,000 to be paid to them.
“This legal action is to compel NDDC to make this information available in line with the provision in the FOI Acts through Judicial Review.”