Court Strikes Out FOI Suit, Slams N50,000 Cost Human Rights Activist, Sesugh Akume

The Federal High Court sitting in Abuja has struck out the suit
filed by a businessman and human rights activist, Sesugh Akume,
which among other things sought declaration that the refusal of the
Federal Ministry of Works and Housing, and the minister (the
respondents) to answer to his Freedom of Information (FOI) requests
was a violation of the FOI law.

Honourable Justice N E Maha struck out the suit which was marked
FHC/ABJ/CS/1383/2019 between Sesugh Akume v Federal Ministry of
Works and Housing & Minister, Federal Ministry of Works and Housing
on the basis that same was not brought within the 30-day window
stipulated by the law, and further awarded N50,000 against Akume
for making ‘vexacious’ demands of a government agency.

Akume said he had on 26 July, 21 August, and 8 October 2019,
made three (3) FOI applications to the respondents regarding the
rehabilitation of the Makurdi bridge; the Katsina-Ala bridge (which
had cost 249,908,236.00 (two hundred and forty-nine million, nine
hundred and eight thousand, two hundred and thirty-six) naira in
the 2017 budget, but went up to 3,775,347,345.00 (three billion,
seven hundred and seventy-five million, three hundred and
forty-seven thousand, three hundred and forty-five) naira, by
2019–an increment of more than 15 times the initial value– for the
very same work not yet fully completed to this day). Also the
‘nonexistent’ Buruku bridge (earmarked for both rehabilitation and
construction in 2017, and previously slated for concessioning since
2009); and the nonexistent Quatan Sule bridge (slated for both
construction and rehabilitation at the same time in 2017).

Also, he said applications sought to know the status of the
Ogoja –Katsina-Ala road, the deathtrap Gboko – Katsina-Ala road,
the Makurdi – Gboko road (perennially under rehabilitation), etc,
all in Benue; as the minister of works and housing, Babatunde
Fashola, had asserted, and widely reported in the media, that
contractors had been paid and should be held responsible for
completion of the projects.

Akume lamented that the judgement was based on technicalities as
against substantial justice

“The judge was more focused on the technicality of our filing
our application in court out of time, which is not entirely
accurate, and rather misleading. Two (2) of the FOI applications
may not have been brought to court within the stipulated time for
redress, but the third was, and ought to have been treated on its
merit, as against dismissing all or deeming all three to be one and
the same thing.

“Her Ladyship also characterised our pursuit of open and
responsive government, a culture of transparency and accountability
as making ‘vexacious’ demands of a government agency, which begs
the question, vexatious to who; the government agency or she the
judge? And further awarded 50,000 naira cost against us for
exercising FOI our rights.

“There were hardly any words for the respondents who denied FOI
applications, violated the FOI law, wasted the court’s time for
over a year without responding to the suit against them; and hardly
referred to their watery defence as it obviously lacked merit.” the
businessman said

Akume further expressed concern that the judgement is one out of
many where courts support disregard for Rule of Law. According to
him, the judgement will encourage government’s impunity and lack of
openness, transparency and accountability. That it will penalise
active citizenship through such punitive measures.

Akume said, “There were hardly any words for the respondents who
denied FOI applications, violated the FOI law, wasted the court’s
time for over a year without responding to the suit against them;
and hardly referred to their watery defence as it obviously lacked
merit.

“Today’s judgement is one of numerous examples of how courts
oppose the rule of law, encourage and entrench government’s
impunity and lack of openness, transparency and accountability, and
not only resist but further penalise engaged and active citizenship
through such punitive measures.

“It is critical to note that today’s outcome in no way deters us
nor dampens our resolve. In response, our lawyer thanked the court
for its considered judgment, that we shall study it and take the
next steps.

“I am immensely grateful and indeed indebted, learned counsel,
my brother and friend, Rodney Adzuanaga, Esq., for his brilliance,
grit, tenacity, resilience, sacrifice and industry in diligently
pursuing this matter.

“It can only get better. For us it is, NO RETREAT, NO
SURRENDER!”

The Federal High Court sitting in Abuja has struck out the suit
filed by a businessman and human rights activist, Sesugh Akume,
which among other things sought declaration that the refusal of the
Federal Ministry of Works and Housing, and the minister (the
respondents) to answer to his Freedom of Information (FOI) requests
was a violation of the FOI law.

Honourable Justice N E Maha struck out the suit which was marked
FHC/ABJ/CS/1383/2019 between Sesugh Akume v Federal Ministry of
Works and Housing & Minister, Federal Ministry of Works and Housing
on the basis that same was not brought within the 30-day window
stipulated by the law, and further awarded N50,000 against Akume
for making ‘vexacious’ demands of a government agency.

Akume said he had on 26 July, 21 August, and 8 October 2019,
made three (3) FOI applications to the respondents regarding the
rehabilitation of the Makurdi bridge; the Katsina-Ala bridge (which
had cost 249,908,236.00 (two hundred and forty-nine million, nine
hundred and eight thousand, two hundred and thirty-six) naira in
the 2017 budget, but went up to 3,775,347,345.00 (three billion,
seven hundred and seventy-five million, three hundred and
forty-seven thousand, three hundred and forty-five) naira, by
2019–an increment of more than 15 times the initial value– for the
very same work not yet fully completed to this day). Also the
‘nonexistent’ Buruku bridge (earmarked for both rehabilitation and
construction in 2017, and previously slated for concessioning since
2009); and the nonexistent Quatan Sule bridge (slated for both
construction and rehabilitation at the same time in 2017).

Also, he said applications sought to know the status of the
Ogoja –Katsina-Ala road, the deathtrap Gboko – Katsina-Ala road,
the Makurdi – Gboko road (perennially under rehabilitation), etc,
all in Benue; as the minister of works and housing, Babatunde
Fashola, had asserted, and widely reported in the media, that
contractors had been paid and should be held responsible for
completion of the projects.

Akume lamented that the judgement was based on technicalities as
against substantial justice

“The judge was more focused on the technicality of our filing
our application in court out of time, which is not entirely
accurate, and rather misleading. Two (2) of the FOI applications
may not have been brought to court within the stipulated time for
redress, but the third was, and ought to have been treated on its
merit, as against dismissing all or deeming all three to be one and
the same thing.

“Her Ladyship also characterised our pursuit of open and
responsive government, a culture of transparency and accountability
as making ‘vexacious’ demands of a government agency, which begs
the question, vexatious to who; the government agency or she the
judge? And further awarded 50,000 naira cost against us for
exercising FOI our rights.

“There were hardly any words for the respondents who denied FOI
applications, violated the FOI law, wasted the court’s time for
over a year without responding to the suit against them; and hardly
referred to their watery defence as it obviously lacked merit.” the
businessman said

Akume further expressed concern that the judgement is one out of
many where courts support disregard for Rule of Law. According to
him, the judgement will encourage government’s impunity and lack of
openness, transparency and accountability. That it will penalise
active citizenship through such punitive measures.

Akume said, “There were hardly any words for the respondents who
denied FOI applications, violated the FOI law, wasted the court’s
time for over a year without responding to the suit against them;
and hardly referred to their watery defence as it obviously lacked
merit.

“Today’s judgement is one of numerous examples of how courts
oppose the rule of law, encourage and entrench government’s
impunity and lack of openness, transparency and accountability, and
not only resist but further penalise engaged and active citizenship
through such punitive measures.

“It is critical to note that today’s outcome in no way deters us
nor dampens our resolve. In response, our lawyer thanked the court
for its considered judgment, that we shall study it and take the
next steps.

“I am immensely grateful and indeed indebted, learned counsel,
my brother and friend, Rodney Adzuanaga, Esq., for his brilliance,
grit, tenacity, resilience, sacrifice and industry in diligently
pursuing this matter.

“It can only get better. For us it is, NO RETREAT, NO
SURRENDER!”