A civil society organisation, Media Rights Agenda (MRA), has filed a suit at the Federal High Court in Abuja accusing the Nigerian National Petroleum Corporation (NNPC) of consistently breaching its statutory duties under the Freedom of Information Act, 2011 in flagrant violation of the organization’s right of access to information under the Act.
In the suit filed on its behalf by Abuja-based lawyer, Mrs. Mojirayo Ogunlana-Nganga, MRA is asking the court to compel the NNPC to perform its statutory duties under the FOI Act within 30 days of the court’s order as well as to pay the civil society organisation N15 million as exemplary and aggravated damages for the “flagrant and unlawful violation” of its right of access to information established and guaranteed by the Act.
In addition to the NNPC and its Group Managing Director, also named as a respondent in the suit is Attorney-General of the Federation who, according to MRA, has oversight responsibility under the FOI Act by virtue of Section 29(6) to ensure that all public institutions to which the Act applies comply with its provisions.
In a statement in support of the motion, filed pursuant to the Rules of the Court, MRA’s lawyer, Mrs. Ogunlana-Nkanga contended that the organisation is authorized and empowered by Section 1(3) of the FOI Act to institute proceedings in court to compel any public institution, including the NNPC, to comply with the provisions of the Act and similarly authorized and empowered by Section 2(6) to also institute proceedings in court to compel any public institution, including the NNPC, to comply with the provisions of Section 2 of the Act.
She noted that since the enactment of the Act into Law on May 28, 2011, the NNPC has consistently failed, neglected and/or refused to perform its statutory duties under the Act, in flagrant violation of MRA’s right of access to information established and guaranteed by the Act.
In the motion exparte filed pursuant to Order 34, Rules 1, 3(1) and (2) of the Federal High Court (Civil Procedure) Rules 2019 and Sections 1(3), 2(6), and 20 of the FOI Act, MRA is seeking leave of the court to apply for ;A declaration that the failure and/or refusal by the NNPC to proactively publish the information specified in Section 2(3)(a)-(f) of the FOI Act and widely disseminate the information as required by Section 2(4) of the Act amounts to a breach of the corporation’s statutory duty under Section 2(3) and (4) of the Act and constitutes a violation of MRA’s rights of access to information established and guaranteed by Section 1(1) and 2(4) of the Act.