Group Sues NNPC GMD over Alleged Disregard for FOI Act

Alex Enumah in Abuja

A civil society group on the platform of Anti-Corruption and Integrity Forum has instituted a legal action against the Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Maikant Baru, over alleged disregard to the provisions of the Freedom of Information (FOI) Act.

The legal action initiated by Clement Weweh on behalf of the plaintiff was brought pursuant to Order 34 Rule 5 of the Federal High Court (Civil Procedure) Rules, 2009.

In the suit marked FHC/ABJ/CS/1235/17 and filed on December 13, the plaintiff is seeking a declaration that the failure, refusal and or neglect by the GMD of NNPC to release the information and documents requested for by the Anti-Corruption and Integrity Forum vide a letter dated November 28, 2017, amounts to a violation of Sections 4 and 5 of the FOI Act, 2011, and therefore unjustifiable, wrongful and illegal.

The plaintiff is therefore praying the court for an order of mandamus compelling Baru to furnish the group with comprehensive and detailed information and documents as contained in the said letter to the NNPC boss within 14 days of delivery of judgement in the case.

Additionally, the group is praying for an order directing the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), to forthwith prosecute Baru, and upon conviction, compel the defendant to pay a fine of N500,000 into the coffers of the federal government in accordance with Section 7(5) of FOI Act for wrongfully denying the plaintiff access to information.

“A declaration that by a true interpretation of Section 1 of the FOI Act, the defendants being a public official within the meaning of Section 31 of the FOI Act, 2011, is obligated to furnish on request by the plaintiff a comprehensive, just and fair information and documents as enumerated in their letter.

The letter was marked as ‘Exhibit ACIF 1’ and addressed to the GMD of NNPC, Maikanti Baru”.

Specifically, the letter requested for information on crude oil swap and offshore processing agreement (OPA).
The group said it was concerned over alleged certain irregularities perpetuated in the execution of the crude for finished products Swap/OPA arrangements by NNPC on behalf of the federal government.

The letter was signed by Chairman Anti-Corruption and Integrity Forum, Prince Kpokpogiri.

The suit is yet to be assigned to a judge.