FOI: Court Slams Enugu Govt, Orders Release of Documents To Right Group

Posted by African Examiner African News, Featured, Latest Headlines, News, News Across Nigeria, News From The State Thursday, October 29th, 2020

(AFRICAN EXAMINER) – A Federal High Court sitting in Enugu, Southeast Nigeria, has granted Leave to a human rights organization, “Civil Rights Realisation and Advancement Network (CRRAN)” to apply for an Order of Mandamus to compel Enugu State Government to supply the establishment records and documents in respect of the contract for the purchase of medical equipment for the commencement of operations at the Diagnostics Center, Enugu.

It would be recalled that the organization, had dragged the Enugu state government to court over its refusal to make available the documents to it.

Granting the leave Tuesday on the case filed by president of the organization, Barrister Olu Omotayo, the presiding Judge, Justice Dugbo Oghoghorie, said “leave is hereby granted to the applicant to apply for an Order of Mandamus and other prayers contained on the motion paper. Case adjourned to 10th November 2020, for hearing.

The suit which was under Registered Trustee of (CRRAN) V. Enugu State Government, with No: FHC/EN/ CS/47/2020, was brought under the Freedom of Information Act, (FOI), and prayed the Court for the following Orders:

An order of Mandamus directed at the Enugu State Government to supply to the applicant records and documents in respect of the contract for the purchase of medical equipment for the commencement of operations of Diagnostics Center, Old Trade Fair Complex, Enugu.

“A declaration that the failure of the Respondent to supply to the applicant records and documents in respect of the contract for the purchase of medical equipment for the commencement of operations of Diagnostics Center, Old Trade Fair Complex, Enugu is wrongful and contrary to the provisions of Clause 2, 4, & 8(5) of the Freedom of
Information Act 2011.

The Organisation in the facts in support of the suit stated “that the Contract for purchase of medical equipment for the commencement of operations of Diagnostics Center, Old Trade Fair Complex, Enugu has been awarded and public funds made available for that purpose but the funds diverted for personal use, hence the reason
for non-completion and the subsequent abandon of the project till date.

CRRAN also state that “if the Diagnostics Center, Old Trade Fair Complex, Enugu, is equipped it would helped a lot in respect of the health and medical needs of the people of the State in particular and Southeast Zone generally.

It argued that “it is on record that it was through court action in the Suit: Civil Liberties Organisation Vs. Commissioner for Health Enugu State, Suit No. FHC//EN/M/263/2011, that forced the respondent to even complete the construction of the Diagnostics Center, which was then abandoned at the foundation level in 2011.