FoI Act: Appeal Court Judge berates Lagos government

FRANCIS IWUCHUKWU

A serving judge of the Calabar division of the Court of Appeal, Justice Chima Nweze, has pounced on the Lagos State government over its argument against the
Freedom of Information (FOI) Act, with a position that the posture of the Babatunde Fashola led government was not only misconceived, but also not in accordance with the provisions of the law.

Speaking at a one day seminar organised by the Lagos based human rights group, Socio-Economic Rights and Accountability Project (SERAP) in conjunction with MacArthur Foundation on the role of lawyers and judges in the implementation of FOI Act, Justice Nweze maintained that it was an abuse of language for a state government to claim that it cannot implement FOI Act until it is domesticated in such state.

The Appeal Court judge held that domestication relates to international treaties and agreements signed by the Federal Government, and that it was improper for a state government to hide under such to avoid implementing the FOI Act.

Justice Nweze posited that it was unthinkable for a state government to argue in that direction, because according to him, the FOI Act, which was passed by the National Assembly apply to all public institutions in all arms of government and private entities utilising public funds, performing public functions or providing public services.

He stressed that it
was time for substantive issues of law to be addressed and handled by the courts rather than technicalities. Accordiing to Justice Nweze, "You see, go and read our law reports, you will find out that 80 percent of the judgments and rulings by our courts are on procedure and not on substantive issues. With greatest respect, we must go beyond that."

It would be recalled that the Lagos State government had in a counter affidavit to an FOI action instituted at the Federal High Court sitting in Ikoyi, praying it for details of government spending on education, especially the $90 million World Bank loan, argued that the FoI Act was not applicable to Lagos State, because the law was a federal legislation.

The Lagos State government had further
Insisted that since the FoI Act was a federal legislation, it was only applicable in relation to public records of government of the federation and not of the states.

In his address of welcome, Executive Director of SERAP, Adetokunbo Mumuni stressed that findings of his shows that awareness about the FOI Act was still very much limited not only among members of the public in general, but even among learned people including lawyers and judges.

He said, "It is for the above reason that the title of this seminar becomes apt. We do not claim to have the comprehensive knowledge of what the role of lawyers and judges should be in the implementation of the FOI Act. It is precisely because of this fact that we have provided this platform for the purpose of branstorming so that we can educate and inform ourselves on this very important legislation, the leverage and opportunity provided by it in the enhancement of transparency and accountability in government business and therefore as anti-corruption tool."