IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO. FHC/ABJ/CS/ /2011
BETWEEN:
OKOI OBONO-OBLA - PLAINTIFF
AND
INDEPENDENT NATIONAL ELECTORAL - DEFENDANT
COMMISSION (INEC)
ORIGINATING SUMMONS
Let the INDEPENDENT NATIONAL ELECTORAL COMMISSION OF Zambezi, Maitama, Federal Capital Territory, Abuja, Nigeria within 8 (Eight) days after the service of this Summons, inclusive of the day of such service, cause an appearance to be entered for it to this Summons which is issued upon the application of OKOI OBONO-OBLA OF PLOT 1132 FESTUS OKOTIE EBO CRESCENT UTAKO DISTRICT, ABUJA, Federal Capital Territory, Nigeria, who claims to be entitled to the reliefs hereafter set out and for the determination of the following questions:
1. Whether by a true interpretation and construction of Section 5 (a) of the Freedom of Information Act, 2011, the Defendant is not obligated to allow the Plaintiff unfettered access to information concerning the:
i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY
ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION
iii. A LIST OF CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS, upon the Plaintiff’s application within 7 (Seven) days?
2. Whether the refusal or failure of the Defendants to grant the application of the Plaintiff for access to information concerning the i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS within seven (7) days of the receipt of same does not amount to an infringement of the provisions of Sections 5 (a) and 8 (1) of the Freedom of Information Act (supra)?
3. Whether by a true interpretation and construction of the provisions of Section 8 (5) of the Freedom of Information Act (supra) the Defendant is not entitled to pay a fine of N500, 000 (Five Thousand Naira) for the wrongful denial of the Plaintiff the right of access to Information sought?
The Plaintiff claims against the Defendant as follows:
1. A Declaration that the refusal, failure and or neglect by the Defendant to release the information requested by the Plaintiff concerning i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS same amounts to a violation of Section 8 (1) of the Freedom of Information Act (supra) and therefore is wrongful, illegal and unconstitutional.
2. A Declaration that the refusal, failure and or neglect by the Defendant to release the information requested by the Plaintiff concerning the i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS amounts to a violation of the provisions of Section 5 (a) of the Freedom of Information, Act, 2011.
3. A Declaration that by the true interpretation and construction of Section 5 (a) of the Freedom of Information Act (supra) the Defendant as a Public Institution within the meaning of Section 7 and 32 of the Freedom of Information Act (supra) is obligated to furnish on request by the Plaintiff: i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY; ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION; iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS.
4. A Mandatory Order of Injunction directing the Defendant including its servants, agents, privies, officials and or cohorts to furnish the Plaintiff with a comprehensive and detailed information concerning i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY; ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS case within Seven (7) days of the delivery of Judgment.
5. An Order of this Honourable directing the Defendant to pay a fine of N500, 000 (Five Thousand Naira) for the wrongful denial of the Plaintiff the right of access to the Information sought.
6. The costs of this Action.
7. 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 DECEMBER, 2011.
This summons was taken out by Chief Okoi O. Obono-Obla of Messrs Obono, Obono & Associates (Legal Practitioners & Consultants) Plot 1132 Festus Okotie Ebo Street, Utako District, Federal Capital Territory, Abuja, Nigeria and Legal Practitioners/Counsel (08033490404; 08033303287) to the above named Plaintiff.
The Defendant(s) may appear hereto by entering appearance personally or by Legal Practitioner either by handing in the appropriate forms duly completed at the Federal High Court Registry or by sending them to that office by post.
Note: If the Defendant does not enter appearance within the time and at the place above mentioned such orders will be made and proceedings may be taken as the Judge may think just and expedient
FOR SERVICE:
1. ON THE PLAINTIFF
C/O HIS COUNSEL
OBONO, OBONO & ASSOCIATES
PLOT 1132, FESTUS OKOTIE EBOH CRESCENT
UTAKO DISTRICT, ABUJA.
08033490404; 08035087322; 08033303287
tynaobla@yahoo.com;
okoi_advocate@yahoo.com
2. ON THE DEFENDANT
C/O THE COMMISSION SECRETARY
INDEPNDENT NATIONAL ELECTORAL COMMISSION
INEC HEADQUARTERS, MAITAMA,
FEDERAL CAPITAL TERRITORY, ABUJA,
NIGERIA.
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO. FHC/ABJ/CS/ /2011
BETWEEN:
OKOI OBONO-OBLA - PLAINTIFF
AND
INDEPENDENT NATIONAL ELECTORAL - DEFENDANT
COMMISSION (INEC)
AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS
I, Okoi Obono-Obla,Male, Legal Practitioner and a Nigerian residing at Federal Housing Estate Phase Two, Karu, Federal Capital Territory, Abuja, do hereby make Oath and State as follows thus:
1. That I am the Plaintiff in this case and as such the facts of this case are within my personal knowledge save as otherwise stated.
2. That I know as a fact that the Defendant is a Public Institution of the Federal Government of Nigeria established by the Constitution of the Federal Republic of Nigeria, 1999, and the Electoral Act, 2010, and vested with the power of registration of voters and the conduct of election into the offices of the President, Vice President, National Assembly, Governorship, State Houses of Assembly, Local Government Councils in the Country and the Federal Capital Territory, Abuja.
3. That prior to the holding of the April, 2011, General Election, the Defendant in exercise of its statutory powers carried out a voters registration exercise throughout the 36 States of the Federation and the Federal Capital Territory, Abuja, using Direct Data Capturing Machine which took the finger prints of every voter that is registered to vote in the Country.
4. That at the end of the voters’ registration exercise; the Defendant announced that all the finger prints of registered voters in the Country will be stored in the National Biometric Data Bank to be kept by the Defendant.
5. That the Defendant expended more than N87 Billion which was approved by the National Assembly to carry out the voters registration exercise and the production of a National Biometric Data Base of all voters registered in the Country.
6. That on or about the 14th November, 2011, I wrote an application to the Defendants that I should be allowed access to information to i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS.
7. That the said application dated the 14th November, 2011, was duly served on the Chairman of the Defendant, Professor Attahiru Muhammadu Jega, through DHL Courier service.
8. That a copy of the said application which I requested for information concerning: i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS is attached herewith and marked as Exhibit AA.
9. That a copy of the acknowledgement of service of DHL Courier delivery of a copy of the application on each of the Defendant on or about the 19th November, 2011. The acknowledgment of service is attached herewith and marked as Exhibit BB.
10. That the Defendant has failed, refused and neglected to reply to the said application.
11. That the Defendant has failed, refused and or neglected to allow me access to the information sought within seven (7) days as provided by Law.
12. That unless the Defendant is 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 Federal
High Court Registry, Abuja,
this ....... day of December, 2011.
BEFORE ME
COMMISSIONER FOR OATHS
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO. FHC/ABJ/CS/ /2011
BETWEEN:
OKOI OBONO-OBLA - PLAINTIFF
AND
INDEPENDENT NATIONAL ELECTORAL - DEFENDANT
COMMISSION (INEC)
WRITTEN ADDRESS IN SUPPPORT OF ORIGINATING SUMMONS PURSUANT TO ORDER RULE OF THE FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES, 2009.
INTRODUCTION
This is the Written Address in support of the Originating Summons filed by the Plaintiff seeking the following reliefs:
1. A Declaration that the refusal, failure and or neglect by the Defendant to release the information requested by the Plaintiff concerning i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS same amounts to a violation of Section 8 (1) of the Freedom of Information Act (supra) and therefore is wrongful, illegal and unconstitutional.
2. A Declaration that the refusal, failure and or neglect by the Defendant to release the information requested by the Plaintiff concerning the i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS amounts to a violation of the provisions of Section 5 (a) of the Freedom of Information, Act, 2011.
3. A Declaration that by the true interpretation and construction of Section 5 (a) of the Freedom of Information Act (supra) the Defendant as a Public Institution within the meaning of Section 7 and 32 of the Freedom of Information Act (supra) is obligated to furnish on request by the Plaintiff: i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY; ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION; iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS.
4. A Mandatory Order of Injunction directing the Defendant including its servants, agents, privies, officials and or cohorts to furnish the Plaintiff with a comprehensive and detailed information concerning i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY; ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS case within Seven (7) days of the delivery of Judgment.
5. An Order of this Honourable directing the Defendant to pay a fine of N500, 000 (Five Thousand Naira) for the wrongful denial of the Plaintiff the right of access to the Information sought.
6. The costs of this Action.
7. Any further order (s) as the Court may deem fit and proper to make in the circumstances of this case.
AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS
The Plaintiff has filed a 13 paragraphed affidavit in support of the Originating Summons. Attached to the Affidavit are documents marked as Exhibits AA and BB respectively. Exhibit AA is the Plaintiff’s Application to the Defendants of request for access to Information dated the 14th November, 2011. Exhibit BB is the acknowledgement of service of the Plaintiff’s application dated the 19th November, 2011, to the Defendant by DHL COURIER SERVICE. The Plaintiff shall rely on all the paragraphs of the Affidavit.
STATEMENT OF FACTS
The Plaintiff shall adopt the affidavit in support of the Originating Summons as his Statement of Facts.
ISSUES FOR DETERMINATION
1. Whether by a true interpretation and construction of Section 5 (a) of the Freedom of Information Act, 2011, the Defendant is not obligated to allow the Plaintiff unfettered access to information concerning the:
iv. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY
v. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION
vi. A LIST OF CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS, upon the Plaintiff’s application within 7 (Seven) days?
2. Whether the refusal or failure of the Defendants to grant the application of the Plaintiff for access to information concerning the i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS within seven (7) days of the receipt of same does not amount to an infringement of the provisions of Sections 5 (a) and 8 (1) of the Freedom of Information Act (supra)?
3. Whether by a true interpretation and construction of the provisions of Section 8 (5) of the Freedom of Information Act (supra) the Defendant is not entitled to pay a fine of N500, 000 (Five Thousand Naira) for the wrongful denial of the Plaintiff the right of access to Information sought?
The Plaintiff has posed several Questions for the determination by this Honourable Court. The Plaintiff shall respectfully adopt these Questions as the Issues for determination by this Honourable Court.
ISSUES NO. 1 & 2 (ISSUES NOS 1 & 2 SHALL BE ARGUED TOGETHER)
ARGUMENT
1.1 It is submitted that by the provisions of Section 5 (a) of the Freedom of Information Act, 2011, the Defendant is under an absolute duty to release to the Plaintiff a request for access of information upon an application made to it by the Plaintiff 7 (Seven) days after the receipt of such application.
1.2 For the avoidance of any doubt, it is pertinent to reproduce the provisions of Section 5 (a) of the Freedom of Information Act (supra) thus:
“Where information is applied for under this Act, the public institution to which the application is made shall subject to Section 6, 7 and 8 of this Act after the application is received :
a. Make the information available to the applicant.
b. Where the public institution considers that the application should be denied, the institution shall give written notice to the applicant that access to all part of the information will not be granted, stating the reasons for the denial, and the section of this Act under which the denial is made”.
There is compelling affidavit evidence that the Plaintiff by an application dated the 14th November, 2011, sought from the Defendant access to information concerning (I) NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY (II) A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION (III) A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS. See Exhibit AA.
1.3 There is compelling evidence that this application was received by each of the Defendants on the 19th November, 2011. See Exhibit BB.
1.4 It is clear that the Defendant was in receipt of the application of the Plaintiff by the 19th November, 2011. It therefore goes without saying that the Defendant is under a mandatory duty imposed by Law to release such application sought by the Plaintiff after seven days of the receipt of the Application of the Plaintiff.
1.5 It is submitted that the when the words used in a statute are clear, lucid and unambiguous they must be given their ordinary and natural meaning ascribed to them by the legislature.
1.6 It is clear as the crystal that by a true interpretation and construction of the provisions of Section 5 (a) of the Freedom of Information Act the Defendant is under a duty to promptly release information sought by the Plaintiff by the 26th November, 2011, when the seven days given to them by the provisions of Section 5 (a) of the Freedom of Information Act to release such information to an applicant expired.
1.7 It is clear that the Defendants have undoubtedly abdicated the duty placed on them by the provisions of the Section 5 (a) of the Freedom of Information Act.
1.8 In the light of the above, we respectfully urge the Court to resolve these issues against the Defendant and answer Questions Nos. 1 & 2 posed by the Plaintiff in the Originating Summons in the affirmative.
ARGUMENT OF ISSUE NO. 3
2.1 It is submitted that where it is established (like in the case under reference) that a public institution from which access to information is sought by an applicant under the provisions of Section 5 (a) of the Freedom of Information Act fails to release such information to the applicant seven days after the receipt of such application is made, such defaulting officer or public institution shall be reliable upon conviction to payment of a fine of N500, 000. See Section 8 (4) & (5) of the Freedom of Information Act.
2.2 Undoubtedly the Defendant has bluntly and adamantly refused and failed to release the information sought by the Plaintiff of: (I) NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY (II) A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION (III) A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS.
2.3 It is pertinent that the Defendant is deemed to be a public institution on which an application for access to information can be sought from under the provisions of Section 5 (a) of the Freedom of Information Act.
2.4 It is submitted that a public institution within the purport of the Freedom of Information Act include any legislative, executive, judicial, administrative or advisory body of the Government, including boards, bureau, committees or commissions of the State and any subsidiary body of those bodies including but not limited to committees and sub-committees which are supported in whole or in any part by public fund or which expends public fund and private bodies providing public services, performing public functions or utilizing public funds. See Section 29 of the Freedom of Information Act (supra).
2.5 In the light of the above, we respectfully invite this Honourable Court to resolve this Issue against the Defendants and answer Question No. 3 posed in the Originating Summons in the affirmative.
CONCLUSION
3.1 This Honourable Court is respectfully invited to accede to the reliefs sought by the Plaintiff for the following reasons thus:
a. The Plaintiff’s right of unfettered access to information cognisable by Section 2 (1) of the Freedom of Information has been breached by the Defendant which has refused and or failed to release upon the application of the Plaintiff the access of information sought by the Plaintiff of: (I) NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY (II) A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION (III) A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS from the 26th November, 2011 till date;
b. The Defendant is under a mandatory duty to release to the Plaintiff access of information seven days after the receipt of his application. Undoubtedly, the Defendant has egregiously breached the mandatory duty placed on them by the provisions of Section 5 (a) of the Freedom of Information Act.
c. The Defendant is entitled to payment of a fine of N500, 000.00 for breaching the Plaintiff’s right of access to information.
DATED THIS 7TH DAY OF DECEMBER, 2011.
CHIEF OKOI O. OBONO-OBLA
OBONO, OBONO & ASSOCIATES
(PLAINTIFF’S SOLICITORS)
PLOT 1132, FESTUS OKOTIE EBOH CRESCENT
UTAKO DISTRICT, ABUJA.
08033490404; 08033303287
okoi_advocate@yahoo.com
okoiobla@hotmail.com
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO. FHC/ABJ/CS/ /2011
BETWEEN:
OKOI OBONO-OBLA - PLAINTIFF
AND
INDEPENDENT NATIONAL ELECTORAL - DEFENDANT
COMMISSION (INEC)
ORIGINATING SUMMONS
Let the INDEPENDENT NATIONAL ELECTORAL COMMISSION OF Zambezi, Maitama, Federal Capital Territory, Abuja, Nigeria within 8 (Eight) days after the service of this Summons, inclusive of the day of such service, cause an appearance to be entered for it to this Summons which is issued upon the application of OKOI OBONO-OBLA OF PLOT 1132 FESTUS OKOTIE EBO CRESCENT UTAKO DISTRICT, ABUJA, Federal Capital Territory, Nigeria, who claims to be entitled to the reliefs hereafter set out and for the determination of the following questions:
1. Whether by a true interpretation and construction of Section 5 (a) of the Freedom of Information Act, 2011, the Defendant is not obligated to allow the Plaintiff unfettered access to information concerning the:
i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY
ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION
iii. A LIST OF CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS, upon the Plaintiff’s application within 7 (Seven) days?
2. Whether the refusal or failure of the Defendants to grant the application of the Plaintiff for access to information concerning the i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS within seven (7) days of the receipt of same does not amount to an infringement of the provisions of Sections 5 (a) and 8 (1) of the Freedom of Information Act (supra)?
3. Whether by a true interpretation and construction of the provisions of Section 8 (5) of the Freedom of Information Act (supra) the Defendant is not entitled to pay a fine of N500, 000 (Five Thousand Naira) for the wrongful denial of the Plaintiff the right of access to Information sought?
The Plaintiff claims against the Defendant as follows:
1. A Declaration that the refusal, failure and or neglect by the Defendant to release the information requested by the Plaintiff concerning i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS same amounts to a violation of Section 8 (1) of the Freedom of Information Act (supra) and therefore is wrongful, illegal and unconstitutional.
2. A Declaration that the refusal, failure and or neglect by the Defendant to release the information requested by the Plaintiff concerning the i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS amounts to a violation of the provisions of Section 5 (a) of the Freedom of Information, Act, 2011.
3. A Declaration that by the true interpretation and construction of Section 5 (a) of the Freedom of Information Act (supra) the Defendant as a Public Institution within the meaning of Section 7 and 32 of the Freedom of Information Act (supra) is obligated to furnish on request by the Plaintiff: i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY; ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION; iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS.
4. A Mandatory Order of Injunction directing the Defendant including its servants, agents, privies, officials and or cohorts to furnish the Plaintiff with a comprehensive and detailed information concerning i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY; ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS case within Seven (7) days of the delivery of Judgment.
5. An Order of this Honourable directing the Defendant to pay a fine of N500, 000 (Five Thousand Naira) for the wrongful denial of the Plaintiff the right of access to the Information sought.
6. The costs of this Action.
7. 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 DECEMBER, 2011.
This summons was taken out by Chief Okoi O. Obono-Obla of Messrs Obono, Obono & Associates (Legal Practitioners & Consultants) Plot 1132 Festus Okotie Ebo Street, Utako District, Federal Capital Territory, Abuja, Nigeria and Legal Practitioners/Counsel (08033490404; 08033303287) to the above named Plaintiff.
The Defendant(s) may appear hereto by entering appearance personally or by Legal Practitioner either by handing in the appropriate forms duly completed at the Federal High Court Registry or by sending them to that office by post.
Note: If the Defendant does not enter appearance within the time and at the place above mentioned such orders will be made and proceedings may be taken as the Judge may think just and expedient
FOR SERVICE:
1. ON THE PLAINTIFF
C/O HIS COUNSEL
OBONO, OBONO & ASSOCIATES
PLOT 1132, FESTUS OKOTIE EBOH CRESCENT
UTAKO DISTRICT, ABUJA.
08033490404; 08035087322; 08033303287
tynaobla@yahoo.com;
okoi_advocate@yahoo.com
2. ON THE DEFENDANT
C/O THE COMMISSION SECRETARY
INDEPNDENT NATIONAL ELECTORAL COMMISSION
INEC HEADQUARTERS, MAITAMA,
FEDERAL CAPITAL TERRITORY, ABUJA,
NIGERIA.
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO. FHC/ABJ/CS/ /2011
BETWEEN:
OKOI OBONO-OBLA - PLAINTIFF
AND
INDEPENDENT NATIONAL ELECTORAL - DEFENDANT
COMMISSION (INEC)
AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS
I, Okoi Obono-Obla,Male, Legal Practitioner and a Nigerian residing at Federal Housing Estate Phase Two, Karu, Federal Capital Territory, Abuja, do hereby make Oath and State as follows thus:
1. That I am the Plaintiff in this case and as such the facts of this case are within my personal knowledge save as otherwise stated.
2. That I know as a fact that the Defendant is a Public Institution of the Federal Government of Nigeria established by the Constitution of the Federal Republic of Nigeria, 1999, and the Electoral Act, 2010, and vested with the power of registration of voters and the conduct of election into the offices of the President, Vice President, National Assembly, Governorship, State Houses of Assembly, Local Government Councils in the Country and the Federal Capital Territory, Abuja.
3. That prior to the holding of the April, 2011, General Election, the Defendant in exercise of its statutory powers carried out a voters registration exercise throughout the 36 States of the Federation and the Federal Capital Territory, Abuja, using Direct Data Capturing Machine which took the finger prints of every voter that is registered to vote in the Country.
4. That at the end of the voters’ registration exercise; the Defendant announced that all the finger prints of registered voters in the Country will be stored in the National Biometric Data Bank to be kept by the Defendant.
5. That the Defendant expended more than N87 Billion which was approved by the National Assembly to carry out the voters registration exercise and the production of a National Biometric Data Base of all voters registered in the Country.
6. That on or about the 14th November, 2011, I wrote an application to the Defendants that I should be allowed access to information to i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS.
7. That the said application dated the 14th November, 2011, was duly served on the Chairman of the Defendant, Professor Attahiru Muhammadu Jega, through DHL Courier service.
8. That a copy of the said application which I requested for information concerning: i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS is attached herewith and marked as Exhibit AA.
9. That a copy of the acknowledgement of service of DHL Courier delivery of a copy of the application on each of the Defendant on or about the 19th November, 2011. The acknowledgment of service is attached herewith and marked as Exhibit BB.
10. That the Defendant has failed, refused and neglected to reply to the said application.
11. That the Defendant has failed, refused and or neglected to allow me access to the information sought within seven (7) days as provided by Law.
12. That unless the Defendant is 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 Federal
High Court Registry, Abuja,
this ....... day of December, 2011.
BEFORE ME
COMMISSIONER FOR OATHS
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO. FHC/ABJ/CS/ /2011
BETWEEN:
OKOI OBONO-OBLA - PLAINTIFF
AND
INDEPENDENT NATIONAL ELECTORAL - DEFENDANT
COMMISSION (INEC)
WRITTEN ADDRESS IN SUPPPORT OF ORIGINATING SUMMONS PURSUANT TO ORDER RULE OF THE FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES, 2009.
INTRODUCTION
This is the Written Address in support of the Originating Summons filed by the Plaintiff seeking the following reliefs:
1. A Declaration that the refusal, failure and or neglect by the Defendant to release the information requested by the Plaintiff concerning i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS same amounts to a violation of Section 8 (1) of the Freedom of Information Act (supra) and therefore is wrongful, illegal and unconstitutional.
2. A Declaration that the refusal, failure and or neglect by the Defendant to release the information requested by the Plaintiff concerning the i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS amounts to a violation of the provisions of Section 5 (a) of the Freedom of Information, Act, 2011.
3. A Declaration that by the true interpretation and construction of Section 5 (a) of the Freedom of Information Act (supra) the Defendant as a Public Institution within the meaning of Section 7 and 32 of the Freedom of Information Act (supra) is obligated to furnish on request by the Plaintiff: i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY; ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION; iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS.
4. A Mandatory Order of Injunction directing the Defendant including its servants, agents, privies, officials and or cohorts to furnish the Plaintiff with a comprehensive and detailed information concerning i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY; ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS case within Seven (7) days of the delivery of Judgment.
5. An Order of this Honourable directing the Defendant to pay a fine of N500, 000 (Five Thousand Naira) for the wrongful denial of the Plaintiff the right of access to the Information sought.
6. The costs of this Action.
7. Any further order (s) as the Court may deem fit and proper to make in the circumstances of this case.
AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS
The Plaintiff has filed a 13 paragraphed affidavit in support of the Originating Summons. Attached to the Affidavit are documents marked as Exhibits AA and BB respectively. Exhibit AA is the Plaintiff’s Application to the Defendants of request for access to Information dated the 14th November, 2011. Exhibit BB is the acknowledgement of service of the Plaintiff’s application dated the 19th November, 2011, to the Defendant by DHL COURIER SERVICE. The Plaintiff shall rely on all the paragraphs of the Affidavit.
STATEMENT OF FACTS
The Plaintiff shall adopt the affidavit in support of the Originating Summons as his Statement of Facts.
ISSUES FOR DETERMINATION
1. Whether by a true interpretation and construction of Section 5 (a) of the Freedom of Information Act, 2011, the Defendant is not obligated to allow the Plaintiff unfettered access to information concerning the:
iv. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY
v. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION
vi. A LIST OF CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS, upon the Plaintiff’s application within 7 (Seven) days?
2. Whether the refusal or failure of the Defendants to grant the application of the Plaintiff for access to information concerning the i. NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY ii. A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION iii. A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS within seven (7) days of the receipt of same does not amount to an infringement of the provisions of Sections 5 (a) and 8 (1) of the Freedom of Information Act (supra)?
3. Whether by a true interpretation and construction of the provisions of Section 8 (5) of the Freedom of Information Act (supra) the Defendant is not entitled to pay a fine of N500, 000 (Five Thousand Naira) for the wrongful denial of the Plaintiff the right of access to Information sought?
The Plaintiff has posed several Questions for the determination by this Honourable Court. The Plaintiff shall respectfully adopt these Questions as the Issues for determination by this Honourable Court.
ISSUES NO. 1 & 2 (ISSUES NOS 1 & 2 SHALL BE ARGUED TOGETHER)
ARGUMENT
1.1 It is submitted that by the provisions of Section 5 (a) of the Freedom of Information Act, 2011, the Defendant is under an absolute duty to release to the Plaintiff a request for access of information upon an application made to it by the Plaintiff 7 (Seven) days after the receipt of such application.
1.2 For the avoidance of any doubt, it is pertinent to reproduce the provisions of Section 5 (a) of the Freedom of Information Act (supra) thus:
“Where information is applied for under this Act, the public institution to which the application is made shall subject to Section 6, 7 and 8 of this Act after the application is received :
a. Make the information available to the applicant.
b. Where the public institution considers that the application should be denied, the institution shall give written notice to the applicant that access to all part of the information will not be granted, stating the reasons for the denial, and the section of this Act under which the denial is made”.
There is compelling affidavit evidence that the Plaintiff by an application dated the 14th November, 2011, sought from the Defendant access to information concerning (I) NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY (II) A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION (III) A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS. See Exhibit AA.
1.3 There is compelling evidence that this application was received by each of the Defendants on the 19th November, 2011. See Exhibit BB.
1.4 It is clear that the Defendant was in receipt of the application of the Plaintiff by the 19th November, 2011. It therefore goes without saying that the Defendant is under a mandatory duty imposed by Law to release such application sought by the Plaintiff after seven days of the receipt of the Application of the Plaintiff.
1.5 It is submitted that the when the words used in a statute are clear, lucid and unambiguous they must be given their ordinary and natural meaning ascribed to them by the legislature.
1.6 It is clear as the crystal that by a true interpretation and construction of the provisions of Section 5 (a) of the Freedom of Information Act the Defendant is under a duty to promptly release information sought by the Plaintiff by the 26th November, 2011, when the seven days given to them by the provisions of Section 5 (a) of the Freedom of Information Act to release such information to an applicant expired.
1.7 It is clear that the Defendants have undoubtedly abdicated the duty placed on them by the provisions of the Section 5 (a) of the Freedom of Information Act.
1.8 In the light of the above, we respectfully urge the Court to resolve these issues against the Defendant and answer Questions Nos. 1 & 2 posed by the Plaintiff in the Originating Summons in the affirmative.
ARGUMENT OF ISSUE NO. 3
2.1 It is submitted that where it is established (like in the case under reference) that a public institution from which access to information is sought by an applicant under the provisions of Section 5 (a) of the Freedom of Information Act fails to release such information to the applicant seven days after the receipt of such application is made, such defaulting officer or public institution shall be reliable upon conviction to payment of a fine of N500, 000. See Section 8 (4) & (5) of the Freedom of Information Act.
2.2 Undoubtedly the Defendant has bluntly and adamantly refused and failed to release the information sought by the Plaintiff of: (I) NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY (II) A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION (III) A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS.
2.3 It is pertinent that the Defendant is deemed to be a public institution on which an application for access to information can be sought from under the provisions of Section 5 (a) of the Freedom of Information Act.
2.4 It is submitted that a public institution within the purport of the Freedom of Information Act include any legislative, executive, judicial, administrative or advisory body of the Government, including boards, bureau, committees or commissions of the State and any subsidiary body of those bodies including but not limited to committees and sub-committees which are supported in whole or in any part by public fund or which expends public fund and private bodies providing public services, performing public functions or utilizing public funds. See Section 29 of the Freedom of Information Act (supra).
2.5 In the light of the above, we respectfully invite this Honourable Court to resolve this Issue against the Defendants and answer Question No. 3 posed in the Originating Summons in the affirmative.
CONCLUSION
3.1 This Honourable Court is respectfully invited to accede to the reliefs sought by the Plaintiff for the following reasons thus:
a. The Plaintiff’s right of unfettered access to information cognisable by Section 2 (1) of the Freedom of Information has been breached by the Defendant which has refused and or failed to release upon the application of the Plaintiff the access of information sought by the Plaintiff of: (I) NATIONAL BIOMETRIC DATA BASE OF VOTERS REGISTER BY INEC IN THE COUNTRY (II) A DETAILED, COMPREHENSIVE & FAIR STATEMENT OF ACCOUNTS OF EXPENDITURE INCURRED BY INEC FOR THE CONDUCT OF ELECTION (III) A LIST CONTRACTORS AWARDED CONTRACTS CONCERNING PRINTING OF BALLLOT PAPERS; VOTERS CARD AND OTHER DOCUMENTS CONCERNING THE 2011 GENERAL ELECTIONS from the 26th November, 2011 till date;
b. The Defendant is under a mandatory duty to release to the Plaintiff access of information seven days after the receipt of his application. Undoubtedly, the Defendant has egregiously breached the mandatory duty placed on them by the provisions of Section 5 (a) of the Freedom of Information Act.
c. The Defendant is entitled to payment of a fine of N500, 000.00 for breaching the Plaintiff’s right of access to information.
DATED THIS 7TH DAY OF DECEMBER, 2011.
CHIEF OKOI O. OBONO-OBLA
OBONO, OBONO & ASSOCIATES
(PLAINTIFF’S SOLICITORS)
PLOT 1132, FESTUS OKOTIE EBOH CRESCENT
UTAKO DISTRICT, ABUJA.
08033490404; 08033303287
okoi_advocate@yahoo.com
okoiobla@hotmail.com
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