Nelson Asieyemia, a journalist with Truth Magazine has challenged the Captain Elechi Amadi Polytechnic in Court over the refusal of the institution to provide the information he requested for pursuant to the Freedom of Information (FOI) Act. Joined as defendant in the suit is the Attorney General of the Federation (AGF).
Information sought by the journalist pursuant to the Freedom of Information Act, 2011 are:
• The total sum of money received as tuition fees by the polytechnic from students of the institution for the 2017/2018 and 2018/2019 academic sessions.
• The allocations received by the polytechnic from the Rivers State Government in 2017, 2018 and 2019 for payment of salaries and allowances to teaching and non-teaching staff of the polytechnic.
• The actual amounts paid in salaries and allowances to teaching and non-teaching staff of the polytechnic in 2017, 2018 and 2019.
• The names of all teaching and non-teaching staff of the polytechnic with their designations.
In the case filed by Lezina Amegua, a member of MRA’s FOI Legal Response Network, at the Federal High Court sitting in Port Harcourt, Nelson is asking the court to determine
(i) whether, by the provision of section 1(1) of the Freedom of Information Act, 2011, he is eligible to request and be so entitled to receive the information he applied for by virtue of his application served on Captain Elechi Amadi Polytechnic.
(ii) whether by the stipulations of section 4 (a) of the Freedom of Information Act, 2011, the refusal, neglect and failure of Captain Elechi Amadi Polytechnic to provide and or produce the information being so requested for within and after seven days of the receipt of same is not in violation of the said section
(iii) whether the refusal and denial of the information so requested from the Captain Elechi Amadi Polytechnic is not in breach of the provision of section 7 (5) of the Freedom of Information Act, 2011.
(iv) whether the refusal, failure and neglect of Captain Elechi Amadi Polytechnic to state the reasons by way of notice to the him for its non-compliance to the request as stated is not in breach of the provision of section 4 (b) of the Freedom of Information Act, 2011.
The suit is seeking the following reliefs:
p. A declaration that journalist is eligible to request and be so entitled to receive the information he applied for by virtue of his application served on Captain Elechi Amadi Polytechnic in accordance with section 1 (1) of the Freedom of Information Act, 2011.
q. A declaration that the refusal, failure and neglect of Captain Elechi Amadi Polytechnic to provide and produce the information being so requested by him within and after seven days of its receipt of same is in violation of section 4 (a) of the Freedom of Information Act, 2011.
r. A declaration that the refusal and denial of the information so requested within and after seven days on the Captain Elechi Amadi Polytechnic is in breach of the provision of section 7(5) of the Freedom of Information Act, 2011.
s. A declaration that the refusal, failure and neglect of Captain Elechi Amadi Polytechnic to state the reasons by way of notice for its non-compliance to the request of the journalist within and after seven days, is in breach of the provision of section 4(b) of the Freedom of Information Act, 2011.
t. And for such orders or further orders as the Court may deem fit to make in the circumstance.
The suit is being litigated under a sponsored project by Open Society Initiative for West Africa (OSIWA).
