In the case of Action for Socio-Political and Economic Change (ASEC) v. Niger Delta Development Commission (NDDC) Suit No: FHC/B/CS/68/2024, the Federal High Court sitting in Benin City has ordered the applicant to proceed to file an application for judicial review against Niger Delta Development Commission (NDDC) for failure to disclose public information to the applicant as requested.
The applicant on 4th day of July, 2024 sent an FOI request to the Niger Delta Development Commission (NDDC), seeking for the certified true copy of the Niger Delta Development Commission’s budget document for the year 2022 and 2023 respectively, under the Freedom of Information (FOI) Act. The applicant filed the request through its lead Com. Osaze Edigin.
The Comimmission failed to release the information sought, hence the application.
The motion ex parte was taken by Robinson Otuakhena, Esq of FOI Counsel. He submitted that the court should exercise her discretion in favour of open and transparent governance
He cited several authorities, including the model book on the subject “Freedom of Information Law, Practice and Procedure” authored by Prof. A.D Badaiki, SAN and President Aigbokhan Esq
Hon. Justice (Prof) Chuka Obiozor, in his ruling, granted the application and fixed hearing of the Originating Summons for 18th February, 2025