Justice Binta Nyako of the Abuja Federal High Court on July 22, 2024, granted all the reliefs sought by Heptano Communications Limited, publishers of Sport Intelligence Newspaper, and ordered the Minister of Sport and Youth Development to pay the media outlet the sum of N1,000,000.00 (One Million Naira) as exemplary and aggravated damages for the unlawful violation of Heptano’s right of access to information established and guaranteed by Section 1(1) & 4 of the Freedom of Information Act, 2011 and wrongful denial of access to information under Section 7(4) of the Freedom of Information Act, 2011.
The court also made an order compelling the Attorney General of the Federation (AGF) to institute a criminal proceeding against the Minister of Sports and Youth Development or whoever is responsible for supplying the information requested, for the offence of wrongful denial access to information under Section 7 (5) of the Freedom of Information Act, 2011.
The judgment arose from a suit filed by Heptanao Communications against the Minister of Sports and Youth Development and the Attorney General of the Federation (AGF) following the Ministry of Information’s failure to grant its request for access to information made through a letter dated August 5, 2019, asking the Ministry to give it a detailed breakdown of how the sum of $135,000 overpaid by the International Association of Athletics Federations, IAAF to the Ministry of Sport was spent by the Ministry.
Justice Nyako, held that the failure or refusal of the Ministry of Sports and Youth Development to grant Heptano’s request for access to the information was a violation of its right of access to information, established and guaranteed by Sections 1(1) and 4 of the FOI Act.
In her judgment, Justice Binta ruled that Heptano is entitled to receive the information applied for from the Ministry of Sports through its letter dated August 5, 2019, and received by the Ministry on August 8, 2019. She agreed with Heptano that the failure and/or refusal of the Ministry to make available to Heptano the information applied for despite the ministry’s appeal for extension of time is wrongful, unlawful and amounts to a gross violation to the Heptano’s right to access to information established and guaranteed by Section 1(1) & 4 of the Freedom of Information Act, 2011.
She also held that the failure and/or refusal of the ministry to supply Heptano with the information it had applied for from the Ministry, even after the expiration of the extended time, amounts to wrongful denial of access to information under Section 7(5) of the Freedom of Information Act, 2011. It declared that the failure and/or refusal of the ministry to give written notice to the Heptano stating the reason for the denial of the information sought and requested by it is wrongful, unlawful and constitute a gross violation of section 4(b) of the Freedom of Information Act, 2011.
The court ordered the Ministry to make available to Heptano the information it had requested for within seven days of the Judgment of this Court.
Mr. Uche Amulu, an Abuja-based lawyer and member of Media Rights Agenda’s network of lawyers, filed the suit on behalf of Heptano Communications Limited on September 11, 2019, against the Hon. Minister of Sports and Youth Development and the AGF. By an originating summons dated September 11, 2019, it sought the following reliefs:
a. A declaration that Heptano Communications Limited is entitled to receive the information applied for from the Ministry of Sports and Youth Development having made a written application for same on August 5, 2019, and the Ministry of Sports and Youth Development having received the application on August 8, 2019.
b. A declaration that the failure and/or refusal of the Ministry of Sports and Youth Development to make available to Heptano Communications Limited the information it applied for through its letter dated August 5, 2019 to the Ministry, despite its appeal for extension of time is wrongful, unlawful and amounts to a gross violation to Heptano Communications Limited’s right to access to information established and guaranteed by Section 1(1) and 4 of the Freedom of Information Act, 2011.
c. A declaration that the failure and/or refusal by the Ministry of Sports and Youth Development to make available to Heptano Communications Limited the information applied for in its letter dated August 5, 2019 to the media outlet, even after the expiration of the time extension of time requested by the Ministry, amounts to wrongful denial of access to information under Section 7(5) of the Freedom of Information Act, 2011.
d. A declaration that the failure and/or refusal of the Ministry of Sports and Youth Development to give written notice to Heptano Communications Limited stating the reason for the denial of the information sought and requested by the media outlet is wrongful, unlawful and constitute a gross violation of section 4(b) of the Freedom of Information Act, 2011.
e. An order of the Court on the Ministry of Sports and Youth Development to make available to it the information applied for within seven days of the judgment of the Court.
f. An Order compelling the AGF to initiate criminal proceedings against the Minister of Sports and Youth Development, or whoever it was his responsibility in his office to supply the information requested, for the offence of wrongful denial of access to information under Section 7 (5) of the Freedom of Information Act, 2011.
g. The sum of N1,000,000.00 (One Million Naira) only against the Ministry of Sports and Youth Development on the footing of exemplary and aggravated damages for the unlawful violation of Heptano Communications Limited’s right of access to information established and guaranteed by Section 1(1) and 4 of the Freedom of Information Act, 2011 and wrongful denial of access to information under Section 7(4) of the Freedom of Information Act, 2011.
h. And for such orders or further orders as the Court may deem fit to make in the circumstances.
