IN THE HIGH COURT OF CROSS RIVER STATE OF NIGERIA
IN THE UGEP JUDICIAL DIVISION
HOLDEN AT UGEP
SUIT NO.
BETWEEN:
CHIEF OKOI OBONO-OBLA - CLAIMANT/APPLICANT
AND
1. YAKURR LOCAL GOVERNMENT AREA COUNCIL DEFENDANTS/
2. CHIEF UBI ITAM ETTAH RESPONDENTS
EX PARTE MOTION BROUGHT UNDER ORDER 40 RULE 1 (1) (A) AND 3 (1) OF THE CROSS RIVER STATE OF NIGERIA HIGH COURT (CIVIL PROCEDURE) RULES, 2008.
Take Notice that this Honourable Court shall be moved on ............, the ........ Day of December, 2011, at the hour of 9 ‘O’ Clock in the forenoon or as soon thereafter as the Business of the Court may permit the Claimant/Applicant praying the Court for the Following Orders:
1. AN ORDER granting Leave to the Claimant/Applicant to apply for the issuance of a Writ of Mandamus Compelling the Defendants/Respondents to allow the Claimant/Applicant access to the information enumerated below thus:
I. A comprehensive, just and fair account of the Monthly Allocation of Revenue from the Federation Accounts to Yakurr Local Government Area of Cross River State of Nigeria from January, 2008 till date;
II. The details/documentations/receipts of the expenditure of the Monthly Allocated Revenue to Yakurr Local Government Area Council of Cross River State of Nigeria from January, 2008 till date; and
III. List of Contractors awarded contracts and the purpose of such contracts from January, 2008 till date.
2. Award of Damages of Two Hundred Thousand Naira against the Defendants/Respondents for wilful refusal or failure to comply with the Application of the Claimant/Applicant for access to information requested concerning expenditure of public funds belonging to the 1st Defendant/Respondent.
3. Any further Order(s) as the Court may deem fit and proper to make in the circumstances of this case.
DATED THIS 7TH DAY OF NOVEMBER, 2011.
CHIEF OKOI O. OBONO-OBLA
OBONO, OBONO & ASSOCIATES
LEGAL PRACTITIONERS & CONSULTANTS
(CLAIMANT’S SOLICITORS)
TRINITY HOUSE (2ND FLOOR), MABUSHI,
FEDERAL CAPITAL TERRITORY, ABUJA.
OR
C/O O. U. OKA & ASSOCIATES
NO. 102 CALABAR ROAD, CALABAR,
CROSS RIVER STATE, NIGERIA.
IN THE HIGH COURT OF CROSS RIVER STATE OF NIGERIA
IN THE UGEP JUDICIAL DIVISION
HOLDEN AT UGEP
SUIT NO.
BETWEEN:
CHIEF OKOI OBONO-OBLA - CLAIMANT/APPLICANT
AND
1. YAKURR LOCAL GOVERNMENT AREA COUNCIL DEFENDANTS/
2. CHIEF UBI ITAM ETTAH RESPONDENTS
STATEMENT MADE PURSUANT TO ORDER 40 RULE 3 (2) OF THE CROSS RIVER STATE OF NIGERIA HIGH COURT (CIVIL PROCEDURE) RULES, 2008.
1. NAME AND ADDRESS OF APPLICANT
Okoi Obono-Obla, Male, Legal Practitioner and a Nigerian residing at Plot 1132 Festus Okotie Ebo Crescent, Federal Capital Territory, Abuja, Nigeria.
2. RELIEFS SOUGHT BY THE CLAIMANT/APPLICANT
I. AN ORDER OF MANDAMUS compelling the DEFENDANTS/RESPONDENTS to release to the CLAIMANT/APPLICANT within Seven (7) days of the delivery of Judgment in this case the following information thus:
a. A comprehensive, just and fair account of the Monthly Allocation of Revenue from the Federation Accounts to Yakurr Local Government Area of Cross River State of Nigeria from January, 2008 till date;
b. The details/documentations/receipts of the expenditure of the Monthly Allocated Revenue to Yakurr Local Government Area Council of Cross River State of Nigeria from January, 2008 till date; and
c. List of Contractors awarded contracts and the purpose of such contracts from January, 2008 till date.
II. Award of Damages of Two Hundred Thousand Naira against the Defendants/Respondents for wilful refusal or failure to comply with the Application of the Claimant/Applicant for access to information requested concerning expenditure of Public funds belonging to the 1st Defendant/Respondent.
3. GROUNDS UPON WHICH THE RELIEFS ARE SOUGHT:
(I) The 1st Defendant/Respondent is the Yakurr Local Government Area Council of Cross Rive State of Nigeria.
(II) The 2nd Defendant/Respondent is the Chairman of the 1st Defendant.
(III) The Applicant is vested with the right to demand from the Defendants/Respondents as Public Institutions/Public Officials’ information concerning the running of the affairs of the 1st Defendant/Respondent under Section 2 of the Freedom of Information Act.
(IV) The Defendants/Respondents are obligated to furnish on demand of an application from the Claimant the unfettered right of access to information on any matter or subject under its constitutional/statutory responsibility.
(V) The Claimant by an application dated the 14th October, 2011, requested the 2nd Defendant/Respondent to furnish or allow him access to right of information concerning the following matters or issues thus:
a. A comprehensive, just and fair account of the Monthly Allocation of Revenue from the Federation Account to Yakurr Local Government Area of Cross River State of Nigeria from January, 2008, till date;
b. The details/documentations/receipts of the expenditure of the Monthly Allocated Revenue to Yakurr Local Government Area Council of Cross River State of Nigeria from January, 2008 till date; and
c. List of Contractors awarded contracts and the purposes of such contracts from January, 2008 till date.
(VI) However, the Defendants/Respondents have refused, failed and or neglected to furnish the Claimant/Applicant with the information within 7 (Seven) days as provided by Section 5 (1) of the Freedom of Information Act, 2011.
(VII) Whether the refusal or failure of the Defendants to grant the application of the Plaintiff for access to information concerning the allocation of revenue to the YAKURR Local Government Council of Cross River State of Nigeria within 7 (Seven) days of the receipt of same does not amount to an infringement of the provisions of Sections 5 (a) and 8 (i) of the Freedom of Information Act (supra)?
(VIII) By a true interpretation and construction of Section 5 (a) of the Freedom of Information Act (supra) the Defendants as ‘Public Institution’ within the meaning of Section 7 and 32 of the Freedom of Information Act (supra) are obligated to furnish on request by the Claimant a comprehensive, just, fair and detailed accounts of the amount of money allocated to the said YAKURR Local Government Area Council of Cross River State of Nigeria from the Federation Accounts.
DATED THIS 7TH DAY OF NOVEMBER, 2011.
CHIEF OKOI O. OBONO-OBLA
OBONO, OBONO & ASSOCIATES
LEGAL PRACTITIONERS & CONSULTANTS
(CLAIMANT’S SOLICITORS)
TRINITY HOUSE (2ND FLOOR), MABUSHI,
FEDERAL CAPITAL TERRITORY, ABUJA.
OR
C/O O. U. OKA & ASSOCIATES
NO. 102 CALABAR ROAD, CALABAR,
CROSS RIVER STATE, NIGERIA.
ADDRESS FOR SERVICE:
1. ON THE 1ST DEFENDANT
C/O THE SECRETARY OF COUNCIL
YAKURR LOCAL GOVERNMENT AREA COUNCIL
COUNCIL SECRETARIAT,
UGEP, YAKURR LOCAL GOVERNMENT AREA.
2. ON THE 2ND DEFENDANT
CHIEF UBI ITAM ETTAH
CHAIRMAN, YAKURR LOCAL GOVERNMENT AREA COUNCIL,
UGEP, YAKURR LOCAL GOVERNMENT AREA.
IN THE HIGH COURT OF CROSS RIVER STATE OF NIGERIA
IN THE UGEP JUDICIAL DIVISION
HOLDEN AT UGEP
SUIT NO.
BETWEEN:
CHIEF OKOI OBONO-OBLA - CLAIMANT/APPLICANT
AND
1. YAKURR LOCAL GOVERNMENT AREA COUNCIL DEFENDANTS/
2. CHIEF UBI ITAM ETTAH RESPONDENTS
AFFIDAVIT VERIFYING THE FACTS RELIED ON IN THE STATEMENT MADE PURSUANT TO ORDER 40 RULE 3 (2) OF THE CROSS RIVER STATE HIGH COURT (CIVIL PROCEDURE) RULES, 2008.
I, Okoi Ofem Obono-Obla, Male, Legal Practitioner and a Nigerian Citizen do hereby make Oath and State as follows that-
1. That I am the Claimant/Applicant and as such the facts of this case are within my personal knowledge save as otherwise stated.
2. That the 1st Defendant/Respondent is the Yakurr Local Government Area Council of Cross Rive State of Nigeria.
3. That the 2nd Defendant/Respondent is the Chairman of the 2nd Defendant.
4. That I have the right to demand from the Defendants/Respondents as public institutions/public officials’ information concerning the running of the affairs of the 1st Defendant/Respondent under Section 2 of the Freedom of Information Act.
5. That the Defendants/Respondents are obligated to furnish on demand of an application from me the unfettered right of access of information on any matter or subject under its constitutional/statutory responsibility.
6. That by an application dated the 14th October, 2011, I requested the 2nd Defendant/Respondent to furnish or allow me access to the right of information concerning the following matters or issues thus:
I. A comprehensive, just and fair account of the Monthly Allocation of Revenue from the Federation Account to Yakurr Local Government Area of Cross River State of Nigeria from January, 2008 till date;
II. The details/documentations/receipts of the expenditure of the Monthly Allocated Revenue to Yakurr Local Government Area Council of Cross River State of Nigeria from January, 2008 till date; and
III. List of Contractors awarded contracts and the purpose of such contracts from January, 2008 till date.
7. That the Defendants/Respondents have refused, failed and or neglected to furnish me with the information within 7 (Seven) days as provided by Section 5 (1) of the Freedom of Information Act, 2011.
8. That the Defendants/Respondents were served with the application on or about the 15th October, 2011, through Federal Express Courier Service. Attached herewith and marked as Exhibit AA is the Waybill.
9. That a copy of the acknowledgement of service of EMS Speed Post delivery of a copy of the application on each of the Defendants on the 31st October, 2011, is attached herewith and marked as Exhibit BB.
10. That the Defendants have failed refused and neglected to reply to the said application.
11. That the Defendants have failed refused and or neglected to allow me access to the information sought within 7 (Seven) days as provided by Law.
12. That unless the Defendants are compelled by an Order of this Honourable Court they will continue to refuse me access to the information sought by me from them.
13. That this affidavit is made in good faith conscientiously believing the facts contained herein to be true and correct in accordance with the Oaths Act, 2004.
------------------------
DEPONENT
Sworn to at the High Court Registry,
Ugep, this day of November, 2011.
BEFORE ME
COMMISSIONER FOR OATHS.
IN THE HIGH COURT OF CROSS RIVER STATE OF NIGERIA
IN THE UGEP JUDICIAL DIVISION
HOLDEN AT UGEP
SUIT NO.
BETWEEN:
CHIEF OKOI OBONO-OBLA - CLAIMANT/APPLICANT
AND
1. YAKURR LOCAL GOVERNMENT AREA COUNCIL DEFENDANTS/
2. CHIEF UBI ITAM ETTAH RESPONDENTS
WRITTEN ADDRESS IN SUPPORT OF EX PARTE MOTION
INTRODUCTION
This is the Written Address filed by the Claimant/Applicant in support of the Ex Parte Motion seeking the following reliefs:
1. AN ORDER granting Leave to the Claimant/Applicant to apply for the issuance of a Writ of Mandamus Compelling the Defendants/Respondent to allow the Claimant/Applicant access to the information enumerated below thus:
i. A comprehensive, just and fair accounts of the Monthly Allocation of Revenue from the Federation Accounts to Yakurr Local Government Area of Cross River State of Nigeria from January, 2008 till date;
IV. The details/documentations/receipts of the expenditure of the Monthly Allocated Revenue to Yakurr Local Government Area Council of Cross River State of Nigeria from January, 2008 till date; and
V. List of Contractors awarded contracts and the purpose of such contracts from January, 2008 till date.
2. Award of Damages of Two Hundred Thousand Naira against the Defendants/Respondents for wilful refusal or failure to comply with the Application of the Claimant/Applicant for access to information requested concerning expenditure of public funds belonging to the 1st Defendant/Respondent.
3. Any further Order(s) as the Court may deem fit and proper to make in the circumstances of this case.
STATEMENT OF FACTS
The Claimant shall adopt the affidavit verifying the facts relied on in the Statement made pursuant to Order 40 Rule 3 (2) of the High Court (Civil Procedure) Rules as his Statement of Facts.
ISSUE (s) FOR DETERMINATION
Whether the Claimant has given sufficient reasons why leave should be granted him to bring an application for Mandamus against the Respondent?
ARGUMENT
1.1 It is submitted that the Applicant has given sufficient reasons in the Grounds Upon Which his Application is hinged for the Court to grant him leave to bring an application for mandamus against the Respondents.
1.2 The Applicant under Section 2 (1) of the Freedom of Information Act, 2011, is vested with the right to demand for access of information to public documents under the control and possession of the Respondents who are public officials.
1.3 Under Section 5 of the Freedom of Information Act, the Applicant is entitled to apply to the Court to compel the Respondents to allow him right of access to information on the event the Respondents fails to give him access to the information sought.
1.4 The Applicant has averred in the verifying affidavit that the Respondents refused him access to information within 7 (Seven) days of his application.
1.5 It is therefore submitted that the Court has the unfettered discretion to grant leave to the Applicant to file his Motion on Notice for an Order of Mandamus to compel the Respondents to allow the Applicant access to the information sought concerning the allocation of revenue to Yakurr Local Government Area Council.
1.6 In the light of the above, we humbly invite the Court to grant the reliefs sought by the Applicant.
DATED THIS 7TH DAY OF NOVEMBER, 2011.
CHIEF OKOI O. OBONO-OBLA
OBONO, OBONO & ASSOCIATES
LEGAL PRACTITIONERS & CONSULTANTS
(CLAIMANT’S SOLICITORS)
TRINITY HOUSE (2ND FLOOR), MABUSHI,
FEDERAL CAPITAL TERRITORY, ABUJA,
NIGERIA.
OR
C/O O. U. OKA & ASSOCIATES
NO. 102 CALABAR ROAD, CALABAR
CROSS RIVER STATE, NIGERIA.
IN THE UGEP JUDICIAL DIVISION
HOLDEN AT UGEP
SUIT NO.
BETWEEN:
CHIEF OKOI OBONO-OBLA - CLAIMANT/APPLICANT
AND
1. YAKURR LOCAL GOVERNMENT AREA COUNCIL DEFENDANTS/
2. CHIEF UBI ITAM ETTAH RESPONDENTS
EX PARTE MOTION BROUGHT UNDER ORDER 40 RULE 1 (1) (A) AND 3 (1) OF THE CROSS RIVER STATE OF NIGERIA HIGH COURT (CIVIL PROCEDURE) RULES, 2008.
Take Notice that this Honourable Court shall be moved on ............, the ........ Day of December, 2011, at the hour of 9 ‘O’ Clock in the forenoon or as soon thereafter as the Business of the Court may permit the Claimant/Applicant praying the Court for the Following Orders:
1. AN ORDER granting Leave to the Claimant/Applicant to apply for the issuance of a Writ of Mandamus Compelling the Defendants/Respondents to allow the Claimant/Applicant access to the information enumerated below thus:
I. A comprehensive, just and fair account of the Monthly Allocation of Revenue from the Federation Accounts to Yakurr Local Government Area of Cross River State of Nigeria from January, 2008 till date;
II. The details/documentations/receipts of the expenditure of the Monthly Allocated Revenue to Yakurr Local Government Area Council of Cross River State of Nigeria from January, 2008 till date; and
III. List of Contractors awarded contracts and the purpose of such contracts from January, 2008 till date.
2. Award of Damages of Two Hundred Thousand Naira against the Defendants/Respondents for wilful refusal or failure to comply with the Application of the Claimant/Applicant for access to information requested concerning expenditure of public funds belonging to the 1st Defendant/Respondent.
3. Any further Order(s) as the Court may deem fit and proper to make in the circumstances of this case.
DATED THIS 7TH DAY OF NOVEMBER, 2011.
CHIEF OKOI O. OBONO-OBLA
OBONO, OBONO & ASSOCIATES
LEGAL PRACTITIONERS & CONSULTANTS
(CLAIMANT’S SOLICITORS)
TRINITY HOUSE (2ND FLOOR), MABUSHI,
FEDERAL CAPITAL TERRITORY, ABUJA.
OR
C/O O. U. OKA & ASSOCIATES
NO. 102 CALABAR ROAD, CALABAR,
CROSS RIVER STATE, NIGERIA.
IN THE HIGH COURT OF CROSS RIVER STATE OF NIGERIA
IN THE UGEP JUDICIAL DIVISION
HOLDEN AT UGEP
SUIT NO.
BETWEEN:
CHIEF OKOI OBONO-OBLA - CLAIMANT/APPLICANT
AND
1. YAKURR LOCAL GOVERNMENT AREA COUNCIL DEFENDANTS/
2. CHIEF UBI ITAM ETTAH RESPONDENTS
STATEMENT MADE PURSUANT TO ORDER 40 RULE 3 (2) OF THE CROSS RIVER STATE OF NIGERIA HIGH COURT (CIVIL PROCEDURE) RULES, 2008.
1. NAME AND ADDRESS OF APPLICANT
Okoi Obono-Obla, Male, Legal Practitioner and a Nigerian residing at Plot 1132 Festus Okotie Ebo Crescent, Federal Capital Territory, Abuja, Nigeria.
2. RELIEFS SOUGHT BY THE CLAIMANT/APPLICANT
I. AN ORDER OF MANDAMUS compelling the DEFENDANTS/RESPONDENTS to release to the CLAIMANT/APPLICANT within Seven (7) days of the delivery of Judgment in this case the following information thus:
a. A comprehensive, just and fair account of the Monthly Allocation of Revenue from the Federation Accounts to Yakurr Local Government Area of Cross River State of Nigeria from January, 2008 till date;
b. The details/documentations/receipts of the expenditure of the Monthly Allocated Revenue to Yakurr Local Government Area Council of Cross River State of Nigeria from January, 2008 till date; and
c. List of Contractors awarded contracts and the purpose of such contracts from January, 2008 till date.
II. Award of Damages of Two Hundred Thousand Naira against the Defendants/Respondents for wilful refusal or failure to comply with the Application of the Claimant/Applicant for access to information requested concerning expenditure of Public funds belonging to the 1st Defendant/Respondent.
3. GROUNDS UPON WHICH THE RELIEFS ARE SOUGHT:
(I) The 1st Defendant/Respondent is the Yakurr Local Government Area Council of Cross Rive State of Nigeria.
(II) The 2nd Defendant/Respondent is the Chairman of the 1st Defendant.
(III) The Applicant is vested with the right to demand from the Defendants/Respondents as Public Institutions/Public Officials’ information concerning the running of the affairs of the 1st Defendant/Respondent under Section 2 of the Freedom of Information Act.
(IV) The Defendants/Respondents are obligated to furnish on demand of an application from the Claimant the unfettered right of access to information on any matter or subject under its constitutional/statutory responsibility.
(V) The Claimant by an application dated the 14th October, 2011, requested the 2nd Defendant/Respondent to furnish or allow him access to right of information concerning the following matters or issues thus:
a. A comprehensive, just and fair account of the Monthly Allocation of Revenue from the Federation Account to Yakurr Local Government Area of Cross River State of Nigeria from January, 2008, till date;
b. The details/documentations/receipts of the expenditure of the Monthly Allocated Revenue to Yakurr Local Government Area Council of Cross River State of Nigeria from January, 2008 till date; and
c. List of Contractors awarded contracts and the purposes of such contracts from January, 2008 till date.
(VI) However, the Defendants/Respondents have refused, failed and or neglected to furnish the Claimant/Applicant with the information within 7 (Seven) days as provided by Section 5 (1) of the Freedom of Information Act, 2011.
(VII) Whether the refusal or failure of the Defendants to grant the application of the Plaintiff for access to information concerning the allocation of revenue to the YAKURR Local Government Council of Cross River State of Nigeria within 7 (Seven) days of the receipt of same does not amount to an infringement of the provisions of Sections 5 (a) and 8 (i) of the Freedom of Information Act (supra)?
(VIII) By a true interpretation and construction of Section 5 (a) of the Freedom of Information Act (supra) the Defendants as ‘Public Institution’ within the meaning of Section 7 and 32 of the Freedom of Information Act (supra) are obligated to furnish on request by the Claimant a comprehensive, just, fair and detailed accounts of the amount of money allocated to the said YAKURR Local Government Area Council of Cross River State of Nigeria from the Federation Accounts.
DATED THIS 7TH DAY OF NOVEMBER, 2011.
CHIEF OKOI O. OBONO-OBLA
OBONO, OBONO & ASSOCIATES
LEGAL PRACTITIONERS & CONSULTANTS
(CLAIMANT’S SOLICITORS)
TRINITY HOUSE (2ND FLOOR), MABUSHI,
FEDERAL CAPITAL TERRITORY, ABUJA.
OR
C/O O. U. OKA & ASSOCIATES
NO. 102 CALABAR ROAD, CALABAR,
CROSS RIVER STATE, NIGERIA.
ADDRESS FOR SERVICE:
1. ON THE 1ST DEFENDANT
C/O THE SECRETARY OF COUNCIL
YAKURR LOCAL GOVERNMENT AREA COUNCIL
COUNCIL SECRETARIAT,
UGEP, YAKURR LOCAL GOVERNMENT AREA.
2. ON THE 2ND DEFENDANT
CHIEF UBI ITAM ETTAH
CHAIRMAN, YAKURR LOCAL GOVERNMENT AREA COUNCIL,
UGEP, YAKURR LOCAL GOVERNMENT AREA.
IN THE HIGH COURT OF CROSS RIVER STATE OF NIGERIA
IN THE UGEP JUDICIAL DIVISION
HOLDEN AT UGEP
SUIT NO.
BETWEEN:
CHIEF OKOI OBONO-OBLA - CLAIMANT/APPLICANT
AND
1. YAKURR LOCAL GOVERNMENT AREA COUNCIL DEFENDANTS/
2. CHIEF UBI ITAM ETTAH RESPONDENTS
AFFIDAVIT VERIFYING THE FACTS RELIED ON IN THE STATEMENT MADE PURSUANT TO ORDER 40 RULE 3 (2) OF THE CROSS RIVER STATE HIGH COURT (CIVIL PROCEDURE) RULES, 2008.
I, Okoi Ofem Obono-Obla, Male, Legal Practitioner and a Nigerian Citizen do hereby make Oath and State as follows that-
1. That I am the Claimant/Applicant and as such the facts of this case are within my personal knowledge save as otherwise stated.
2. That the 1st Defendant/Respondent is the Yakurr Local Government Area Council of Cross Rive State of Nigeria.
3. That the 2nd Defendant/Respondent is the Chairman of the 2nd Defendant.
4. That I have the right to demand from the Defendants/Respondents as public institutions/public officials’ information concerning the running of the affairs of the 1st Defendant/Respondent under Section 2 of the Freedom of Information Act.
5. That the Defendants/Respondents are obligated to furnish on demand of an application from me the unfettered right of access of information on any matter or subject under its constitutional/statutory responsibility.
6. That by an application dated the 14th October, 2011, I requested the 2nd Defendant/Respondent to furnish or allow me access to the right of information concerning the following matters or issues thus:
I. A comprehensive, just and fair account of the Monthly Allocation of Revenue from the Federation Account to Yakurr Local Government Area of Cross River State of Nigeria from January, 2008 till date;
II. The details/documentations/receipts of the expenditure of the Monthly Allocated Revenue to Yakurr Local Government Area Council of Cross River State of Nigeria from January, 2008 till date; and
III. List of Contractors awarded contracts and the purpose of such contracts from January, 2008 till date.
7. That the Defendants/Respondents have refused, failed and or neglected to furnish me with the information within 7 (Seven) days as provided by Section 5 (1) of the Freedom of Information Act, 2011.
8. That the Defendants/Respondents were served with the application on or about the 15th October, 2011, through Federal Express Courier Service. Attached herewith and marked as Exhibit AA is the Waybill.
9. That a copy of the acknowledgement of service of EMS Speed Post delivery of a copy of the application on each of the Defendants on the 31st October, 2011, is attached herewith and marked as Exhibit BB.
10. That the Defendants have failed refused and neglected to reply to the said application.
11. That the Defendants have failed refused and or neglected to allow me access to the information sought within 7 (Seven) days as provided by Law.
12. That unless the Defendants are compelled by an Order of this Honourable Court they will continue to refuse me access to the information sought by me from them.
13. That this affidavit is made in good faith conscientiously believing the facts contained herein to be true and correct in accordance with the Oaths Act, 2004.
------------------------
DEPONENT
Sworn to at the High Court Registry,
Ugep, this day of November, 2011.
BEFORE ME
COMMISSIONER FOR OATHS.
IN THE HIGH COURT OF CROSS RIVER STATE OF NIGERIA
IN THE UGEP JUDICIAL DIVISION
HOLDEN AT UGEP
SUIT NO.
BETWEEN:
CHIEF OKOI OBONO-OBLA - CLAIMANT/APPLICANT
AND
1. YAKURR LOCAL GOVERNMENT AREA COUNCIL DEFENDANTS/
2. CHIEF UBI ITAM ETTAH RESPONDENTS
WRITTEN ADDRESS IN SUPPORT OF EX PARTE MOTION
INTRODUCTION
This is the Written Address filed by the Claimant/Applicant in support of the Ex Parte Motion seeking the following reliefs:
1. AN ORDER granting Leave to the Claimant/Applicant to apply for the issuance of a Writ of Mandamus Compelling the Defendants/Respondent to allow the Claimant/Applicant access to the information enumerated below thus:
i. A comprehensive, just and fair accounts of the Monthly Allocation of Revenue from the Federation Accounts to Yakurr Local Government Area of Cross River State of Nigeria from January, 2008 till date;
IV. The details/documentations/receipts of the expenditure of the Monthly Allocated Revenue to Yakurr Local Government Area Council of Cross River State of Nigeria from January, 2008 till date; and
V. List of Contractors awarded contracts and the purpose of such contracts from January, 2008 till date.
2. Award of Damages of Two Hundred Thousand Naira against the Defendants/Respondents for wilful refusal or failure to comply with the Application of the Claimant/Applicant for access to information requested concerning expenditure of public funds belonging to the 1st Defendant/Respondent.
3. Any further Order(s) as the Court may deem fit and proper to make in the circumstances of this case.
STATEMENT OF FACTS
The Claimant shall adopt the affidavit verifying the facts relied on in the Statement made pursuant to Order 40 Rule 3 (2) of the High Court (Civil Procedure) Rules as his Statement of Facts.
ISSUE (s) FOR DETERMINATION
Whether the Claimant has given sufficient reasons why leave should be granted him to bring an application for Mandamus against the Respondent?
ARGUMENT
1.1 It is submitted that the Applicant has given sufficient reasons in the Grounds Upon Which his Application is hinged for the Court to grant him leave to bring an application for mandamus against the Respondents.
1.2 The Applicant under Section 2 (1) of the Freedom of Information Act, 2011, is vested with the right to demand for access of information to public documents under the control and possession of the Respondents who are public officials.
1.3 Under Section 5 of the Freedom of Information Act, the Applicant is entitled to apply to the Court to compel the Respondents to allow him right of access to information on the event the Respondents fails to give him access to the information sought.
1.4 The Applicant has averred in the verifying affidavit that the Respondents refused him access to information within 7 (Seven) days of his application.
1.5 It is therefore submitted that the Court has the unfettered discretion to grant leave to the Applicant to file his Motion on Notice for an Order of Mandamus to compel the Respondents to allow the Applicant access to the information sought concerning the allocation of revenue to Yakurr Local Government Area Council.
1.6 In the light of the above, we humbly invite the Court to grant the reliefs sought by the Applicant.
DATED THIS 7TH DAY OF NOVEMBER, 2011.
CHIEF OKOI O. OBONO-OBLA
OBONO, OBONO & ASSOCIATES
LEGAL PRACTITIONERS & CONSULTANTS
(CLAIMANT’S SOLICITORS)
TRINITY HOUSE (2ND FLOOR), MABUSHI,
FEDERAL CAPITAL TERRITORY, ABUJA,
NIGERIA.
OR
C/O O. U. OKA & ASSOCIATES
NO. 102 CALABAR ROAD, CALABAR
CROSS RIVER STATE, NIGERIA.
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