The Federal High Court located in Abuja has granted permission for the hearing of a lawsuit aimed at compelling the Ministry of Aviation to divulge comprehensive information regarding all contracts it has awarded within the past three years.
Justice Ahmed Mohammed, presiding over the court, has scheduled September 21 as the date for the hearing of the case initiated against the Ministry and its Permanent Secretary, Dr. Emmanuel Meribole, by a non-governmental organization.
The Incorporated Trustees of Patriotic Youth Organization of Nigeria, who are the applicants in the case with reference number FHC/ABJ/CS/969/2023, claimed that their request made on June 23, to obtain the aforementioned information under the Freedom of Information Act, was ignored by the Ministry.
The group, led by Mr. Peter Abang and their team of lawyers, requested the court’s permission to apply for Judicial Review: “A declaration that the 1st Respondent (Permanent Secretary) has a statutory and public duty to furnish the Applicant with information and details concerning the 2nd Respondent (Ministry of Aviation) as contained in the Applicant’s letter of request dated June 23, 2023.”
It further wants “a declaration that the refusal or failure of the 1st Respondent to respond to or comply with the Applicant’s request as contained in its letter dated June 23, 2023, constitutes a refusal/failure of the 1st Respondent’s statutory and/or public duty to the Applicant and is therefore unlawful, illegal, abuse of powers, abuse of discretion, and ultra vires.”
Furthermore, the Applicant requested the court issue an order that mandates and compels the 1st Respondent, whether through its personnel, officials, affiliates, employees, or any other means, to furnish, adhere to, and provide the information and specifics concerning contracts and expenditures, as outlined in its initial request. Additionally, the Applicant sought their acknowledgment and acceptance of the relevant fees.
Specifically, the Applicant told the court that some of the contract details it sought information on, included: “Airstrip and other Capital Contracts by the Ministry from 2020 till date; list and locations of all Project Vehicles for the above-mentioned contracts; list and locations of all Official vehicles of the Ministry, including that of the former Permanent Secretary.”
It equally demanded details of: “Contract Executed from Overhead from 2022 December till date; details of Approved Foreign Programs for the Permanent Secretary in the Ministry and its Agencies from 2022 December till date; Performance Management System Contracts and Expenditures from 2020 till date; and any other relevant document in relation to the foregoing.”
The Applicant told the court that it had “a reasonable suspicion that there have been several lapses and various misconducts by the 1st Respondent, in relation to the discharge of his duties.”
Asserting its commitment to carrying out an autonomous examination of the Ministry’s recent operations, the Applicant emphasized that their appeal was not solely aimed at facilitating accountability and transparency in public service. It also aimed to validate the ownership of assets and properties claimed by the first Respondent in their asset Declaration Forms.
