In a recent ruling in Upline Centre for Development v. Registrar, Nigerian Institute of Animal Science & Independent Corrupt Practices and Other Related Offences Commission (Suit No: FHC/ABJ/CS/257/2024), the Federal High Court reaffirmed the centrality of transparency and accountability in public finance management under the Freedom of Information Act (FOIA) 2011.
The applicant, Upline Centre for Development, had approached the court seeking a declaration that the refusal of the Nigerian Institute of Animal Science to disclose details of its consolidated fund and internally generated revenue constituted a breach of the FOIA. The suit also sought an order compelling the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to investigate the Institute’s Registrar for alleged violations of the Act.
The case stemmed from a letter dated 5th February 2024, in which the NGO formally requested detailed financial records from the Institute. When no response was received within the seven-day timeframe stipulated by the FOIA, the applicant initiated legal action.
The applicant argued that ICPC had failed in its mandate by not proactively monitoring Ministries, Departments, and Agencies (MDAs) to prevent corrupt practices. It submitted that the Commission should have, at the very least, initiated an investigation into the Registrar in response to the NGO’s request for collaboration in the fight against corruption.
In its defence, the Institute—represented by Senior Advocate of Nigeria, Ogechi Ogbonna—argued that the financial records in question were already publicly accessible, either through the Auditor-General’s audited reports or via the Bureau of Public Procurement’s Open Contracting Portal.
The Commission on its part stated in a sworn affidavit that the Institute and its Registrar had no record of misconduct and described the applicant as a “busybody” lacking legal standing to compel ICPC action.
However, lead counsel for the applicant, President Aigbokhan, Esq. of FOI Counsel, supported by Godspower Eroga, Esq., challenged the defence. They argued that under FOIA jurisprudence, a public institution must respond to a request within seven days, either by providing the information or by stating valid legal grounds for refusal. Failure to do so, they contended, renders any later attempt to claim an exemption before the court invalid. Aigbokhan President emphasized that procedural fairness and transparency demand timely communication, which is intrinsic to the applicant’s right of access under the FOIA.
Delivering judgment on April 9, 2025, Hon. Justice Emeka Nwite in its one and half hour judgment reading emphasized the constitutional importance of transparency in public revenue management. He affirmed that while statutory exemptions such as privacy and national security exist, they can only be invoked if the applicant is informed in writing within the statutory timeframe.
In a significant ruling, the court struck out ICPC from the suit, holding that no valid cause of action was established against the Commission. However, it ordered the Registrar of the Nigerian Institute of Animal Science to release the requested financial records to the applicant in accordance with the FOIA.