A Kaduna-based publisher, Isah Bello, has filed a suit before the FCT High Court, sitting at the Federal Capital Territory against an online medium, Peoples Gazette, asking the court to determine whether the refusal and neglect of the publication to grant his application vide his letter dated June 28, 2022 does not amount to an infringement of the provision of Section 4 of the Freedom of Information Act 2011.
The suit filed via an Originating Summons pursuant to Sections 2(6) and 10 of the Freedom of Information Act 2011 by his counsel, Osuagwu Ugochukwu Esq of St Francis Xavier Solicitors, asking the court to among others, give a declaration that the refusal, failure and neglect of Peoples Gazette to release the information he requested in his letter dated June 28, 2022 amounts to a violation of Section 4(a) of the Freedom of Information Act 2011 and therefore is wrongful and illegal.
He further asked for an order of court, directing Peoples Gazette including her agents, privies and officials to furnish him with detailed information as stated in his letter dated June, 28 2022 until judgment is delivered in the case within 14 days of the delivery of judgment.
He further asked the court for an order mandating Peoples Gazette to pay the cost of the court action as well as any further orders that the court may deem fit and proper to make in the circumstances of his case.
In his affidavit in support of the suit, Isah averred that he knows as a fact that the Federal Government of Nigeria enacted the Freedom of Information Act, 2011 and in the pursuit of the rights and pursuant to the right of access to information guaranteed by the Freedom of Information Act 2011, he asked Peoples Gazette in a letter to furnish him with certain information in its custody relating to its June 23 2022 online publication entitled “ICPC recovers multi billion naira cash, Rolex watches stockpiled in Ex-Army Chief Buratai’s Abuja home.”
Isah’s June 28, 2022 letter had requested some responses from the Peoples Gazette; “Did you verify the allegations contained in your write up with ICPC before publishing? This is because the [CPC press release ofJune 24, 2022 states to the contrary that Buratai owns the house in Wuse Il Abuja or has links with the K Salam Construction Company Nigeria Limited.
“Did you check with corporate affairs commission as to who the Owners of the K Salam Construction Company Nigeria Limited are? And perhaps whether Buratai’s name appears as part of the company directorship?
“You claimed you called Buratai during the ICPC raid on the Wuse 2 House. At what time and day did you call Ambassador Buratai? What number did you use in calling him? And which of the Buratai lines did you call,” the letter had asked.
He averred further that “surprisingly and since the receipt of the request/application letter and up till the filing of this suit, the defendant has so far failed, refused and neglected to provide the plaintiff with the details of the information requested for.”
He added that “I know as a fact by being a publisher and journalist that by virtue of Section 1 (1) of the FOI Act 2011, I am entitled as of right to request for or gain access to information which is in the custody or possession of any public official, agency or institution.
“The information I requested for relates to corruption allegations against the former Army Chief and facts supposedly held by the defendant but has shied from giving truth to the allegations.
The information being requested for does not come within the purview of the types of information exempted from disclosure by the provisions of the FOI Act.
“Up till the time of filing this action the defendant has failed, neglected and refused to make available the information requested, giving the impression that the Peoples Gazette merely wanted to tarnish the image of the former Army Chief, LT Gen T.Y. Buratai (Rtd).
“The defendant has no reason whatsoever to deny the plaintiff access to the information sought for. The information requested is not exempted from disclosure under the FOI Act and the information requested is not privileged in any way or manner.
“That unless the reliefs sought herein are granted, the defendant will continue to be in breach of the Freedom of Information Act and the image of LT.Gen T.Y.Buratai (Rtd) will be in question. It is in the interest of justice to grant this application as the Defendant have nothing to lose if the reliefs are granted, ” he averred.
and then