Court Orders Yabatech to Pay Publisher N300,000 over Wrongful Denial of Information

Sunday Ehigiator

A Federal High Court in Lagos, has ordered the Yaba College of Technology (Yabatech) to pay the Publisher of BONews, Ms Blessing Oladunjoye, the sum of N300,000 as exemplary and aggravated damages for the flagrant and unlawful violation of her right to information.

The court also directed the institution to make available to  Oladunjoye all the information she requested.

Justice Osiagor held in his judgement in the suit filed by  Oladunjoye against Yabatech and its Rector that the failure or refusal by the institution to grant her access to the information she requested by her letter dated October 26, 2020, was a violation of her right of access to information established and guaranteed by Sections 1(1) and 4 of the FOI Act.

Mr. Owolabi Dawodu, a Lagos-based lawyer and member of Media Rights Agenda’s network of lawyers, had filed the suit on behalf of Ms Oladunjoye on March 1, 2022, against Yabatech and the rector of the institution, asking the court to declare that the failure and/or refusal by the institution to grant Oladunjoye access to the information requested in her letter dated October 26, 2020 is a violation of her right of access to information established and guaranteed by Sections 1(1) and 4 of the FOI Act.

She also asked the court for an order compelling Yabatech to disclose or make available to her the information, which she had requested in her letter.

Other reliefs sought by Oladunjoye included an order directing Yabatech and its rector to pay her the sum of N1 million as exemplary and aggravated damages.

In his judgment, Justice Osiagor disagreed with Yabatech that the information requested by Ms Oladunjoye fell within the exemptions provided in Section 15(1) of the FOI Act.

The judge quoted copiously from the FOI Act and also referred to the National Information Technology Development Agency (NITDA) Act of 2007 and noted that NITDA, “is mandated by the Act to develop regulations for electronic communication that may improve the exchange of data and information as an alternative to paper-based methods in government.”

Justice Osiagor said Yabatech’s refusal to comply with the FOI Act and the NITDA Regulations 2019 was hinged on the information requested by Oladunjoye consisting mostly of trade secrets and commercial or financial information obtained from third parties based on its claim that the journalist sought “personal information of persons and/or third parties.”

He held that having resolved the issue in favour of Oladunjoye, he found merit in her motion and granted all the reliefs sought by her, except for reducing the damages claimed to N300,000.