Justice Iyabode Olamide Akinkugbe of the Lagos High Court sitting in Ikeja will on July 15, 2017 deliver her verdict in an application filed by Media Rights Agenda (MRA) seeking leave to apply for judicial review in a Freedom of Information (FOI) suit against the Lagos State Primary Health Care Board.
The suits filed at the Lagos High Court Ikeja followed a Freedom of Information request dated November 4, 2016 to Lagos State Primary Health Care Board by MRA in the exercise of the rights conferred on her by the provisions of the Freedom of Information Act.
Justice Akinkugbe, on June 12, 2017, fixed the date for the ruling after hearing the application for leave to apply for judicial review following the failure of the Board to make available to MRA the plans it has put in place to provide the Araromi Zion Estate located in Akiode Area of Ojodu Local Council Development Area (LCDA) with health care services.
The motion exparte filed against the Lagos State Primary Health Care Board and the Attorney General of the Federation with suit number ID/1139MJR/2016 was brought pursuant to Order 40 rule 3 Lagos State High Court (Civil Procedure) Rules 2012 and sections 1, 4 and 20 of the Freedom of Information Act.
Media Rights Agenda, in the suit, is seeking for:
• An order of the Court to grant it leave to apply for Judicial review under the Freedom of Information Act, 2011 and seek the following reliefs:
I. A declaration that the failure and/or refusal by the Lagos State Primary Health Care Board to disclose or make available to MRA the information it requested in its letter to the Board dated November 4, 2016 amounts to a violation its right of access to Information established and guaranteed by Section 1(1) and 4 of the Freedom of Information Act, 2011.
II. A declaration that the failure and/or refusal by the Lagos State Primary Health Care Board to disclose or make available to MRA the information it requested in its letter to the Board dated November 4, 2016 amounts to wrongful denial of access to information under section 7(5) of the Freedom of Information Act, 2011.
III. A declaration that the failure and or refusal by the Board to give written notice to MRA that access to all or part of the information requested will not be granted, stating reasons for denial and the section of the Act under which the denial is made amounts to a violation of section 4(b) of the Freedom of Information Act, 2011.
• AN ORDER OF MANDAMUS compelling the Lagos State Primary Health Care Board to disclose or make the following available to MRA:
I. Details and copies of plans put in place to provide the Araromi Zion Estate located in Akiode Area of Ojodu LCDA with health care services;
II. Details and copies of plans put in place to provide the Araromi Zion Estate located in Akiode Area of Ojodu LCDA with health care services taking into consideration their peculiar needs and circumstances;
III. Details of any research or assessment carried out on the needs of the said Estate and copies of relevant research or assessments report or reports;
IV. If there are plans to provide the said Estate with primary health care facilities, please outline the timeframe for the implementation of the plans; and
V. Details of the budgets and costs estimates for the implementation of the said plans, if any.
• AN ORDER compelling the Attorney General of the Federation to initiate criminal proceedings against the Board for the offence of wrongful denial of access to information under Section 7(5) of the Freedom of Information Act, 2011.
• The Sum of N1, 000.000.00 (One Million Naira) only on the footing of exemplary and aggravated damages for the unlawful violation of MRA’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.
• And for such other order or other orders as the Court may deem fit to make in the circumstance.
