FOI: Court Grants NGO’S Request to sue NNPCL Over Controversial Partnership with OANDO PLC
In the case of Registered Trustees of Citizens Awareness against Corruption and Social Vices Initiative (CASCASVI) v. Nigeria National Petroleum Corporation Limited (NNPCL) Suit No: FHC/B/CS/172/2022, the Federal High Court sitting in Benin has ordered CASCASVI to proceed to apply for judicial review against Nigeria National Petroleum Corporation Limited (NNPCL) for failure to disclose public information to the applicant as requested.
The applicant on the 22nd day of November 2022 sent an FOI request to the Nigeria National Petroleum Corporation Limited (NNPCL) seeking to know under the Freedom of Information (FOI) Act the agreement of partnership and acquisition between NNPC Limited and OANDO PLC.
Counsel to NNPCL, Mr. Kehinde Ogunwumiju, SAN in his letter unbehalf of his client claimed that the information sought by the NGO are trade secrets and also that NNPCL is a private company whose records are not subject to the Freedom of Information Act 2011.
An application for judicial review will not be entertained only after leave has been sought and obtained.
During the hearing of the motion ex parte President Aigbokhan, Esq of FOI Counsel argued that one of the greatest punishments a party may suffer in the litigation process is to be shut out when he is ready to litigate. In this case, he identified the letter from NNPCL as a commitment to litigate the non-disclosure s
He argued further that judicial review will lie to compel the NNPCL to carry out their public duty of public disclosure of public documents in their custody to any citizen or group of citizens whether or not there is a direct and remote interest in the performance of the public duty.
He informed the court that his client is a public interests group working in the anti-corruption space and would need information on the details of the screwed transaction between NNPCL and Oando who are big businesses with substantial support from the Federal Government and so falls within the scope of the FOIA as captured in section 31 of the Act. Hon. Justice B.O Quadri of the Federal High Court, Benin Division in its ruling granted the application and fixed the 4th day of December 2024 for the hearing of the originating application.