Engineer David Nweze Umahi, Nigeria Minister for Works, has engaged the services of six Senior Advocates of Nigeria (SANs) and eight lawyers to defend him in a suit seeking information on the N15 trillion budget for the construction of Lagos-Calabar Coastal Highway road.
The Senior Advocates engaged by the Works Minister are: Abiodun J. Owonikoko; Mahmud Mogaji; Prof. J. O. Olatoke; Yakubu Hussaini Ruba; Roy U. Nweze and Emmanuel Esene.
While the eight lawyers are: Ichie Imo Okim; Chinelo Igboko; J. J. Okechukwu; K.S Adamu, Esq O.J David; A. I Nathan Mbawike; A. A Badmos; Francis Okereke and M.C Amadi.
The names of the Senior Advocates and the lawyers contained in a Memorandum Of Conditional Appearance, filed before the court on October 7, 2024.
A human rights lawyer, Olukoya Ogungbeje has dragged the Federal Ministry of Work, it’s Minister, Engineer Umahi and the Federal government of Nigeria, before a Lagos Federal High Court, seeking an order of Mandamus against them.
Ogungbeje said suit is pursuant to Sections 1, 2, 3, 4, 7(5)(7) of the Freedom of Information Act 2011; Order 34 Rules 1 and 5 of the Federal High Court (Civil Procedure) Rules 2019 and under the Inherent Court’s Jurisdiction, as Imbued By section 6(6)(b) of the Constitution of the Federal Republic of Nigeria
Ogungbeje in the suit marked FHC/L/MISC/329/2024, is asking for the following reliefs: “a declaration that the refusal and or failure of the respondents to furnish the applicant with information on the N15 trillion 7OO Kilometers Lagos-Calabar Coastal Highway Road Project, pursuant to the applicant’s request application dated 7th of April 2024 duly received and acknowledged by the Respondents within Seven (7) days without any written notice to the applicant of reason constitutes a poore olation of the provisions of the Freedom of information Act
“An order of mandamus against the respondents compelling the respondent to perform their official and statutory duty namely: to provide information, publication and or furnish the applicant with the information on the N15 trillion Naira 700 kilometers Lagos-Calabar Coastal Highway Project, pursuant to the applicants request application dated 12th of April 2024 and acknowledged by the respondents
“An order of mandamus compelling the Respondents jonty and severally to immediately provide, furnish or make information on the N15 trillion Naira 7OO kilometers Lagos-Calabar Coastal Highway Project available to the applicant through the applicant’s solicitors forthwith.
“An order of this Honourable Court convicting the 2nd respondent (Engr David Nweze Umahi) as defaulting officer to pay the fine of N20, 000, 000, 00 (Twenty Million Naira) for wrongful denial of access to information to the Applicant forthwith.
Ogungbeje supported the motion with a 26 paragraph-affidavit.
In the affidavit, Ogungbeje made the following aveerments: “that sometimes in January 2024, the Respondents proposed the construction of 700KM Lagos-Calabar Coastal Highway Project without recourse to the extant Public Procurement Act and Regulations and approval of the National Assembly and immediately awarded the construction project to HITECH Construction Limited
“That the Respondents pegged the project to gulp about N15 trillion Naira for the construction of the project. And that the Respondents have immediately released the total sum of N1.6 trillion Naira for the first phase of the project consisting of 47KM and another N1.6 trillion Naira for the second phase of the project.
“That the said project has generated reactions and criticism from Nigerians including the Federal House of Representatives on the legality and propriety of the Lagos-Calabar Coastal Road project. And that as a result of the above, I wrote a request application dated 4th of April 2024 to the Respondents requesting for information on the N15 trilion Naira 700 KM Lagos-Calabar Coastal Highway project initiated by the Respondents and same letter was duly received by the 1st and 2nd respondents
“That the respondents have bluntly refused and failed to furnish us with Information on the N15 trillion Naira 700 KM Lagos-Calabar Coastal Road Project initiated by the Respondents. And that the respondents also have bluntly refused and failed to furnish us with Information on breakdown on expense and expenditure on the N15 Trillion 7OO KM Lagos-Calabar Coastal Highway Road Project.
“That since the 22nd of April 2024 till date, the respondents have failed to comply with our demand application WITHIN SEVEN 7 days as provided in the Freedom of Information Act. And that the respondents have willfully breached and flouted the provisions of the Freedom of Information Act.
“That all efforts to have the Respondents cause a prompt information, publication and release of the information on the N15 Trillion 700 KM Lagos-Calabar Coastal Road Project proved futile despite our request application to the Respondents.
“That till date the respondents have neither honoured our demand application nor obliged me with any information in accordance with the law. And that the respondents being public officials in position of public trust are under an obligation under the iaw to oblige the Applicant with the information as requested and give a written reason for denal if any.
“That I have filed this application to seek legal redress on account of the respondents’ refusal and failure to oblige and provide Information on the N15 Trillion 700KM Lagos-Calabar Coastal Highway Road Project. And that the respondents have willfully flouted, ignored and breached the provisions of the Freedom of Information Act
“That the provisions of the Freedom of Information Act is clear in respect of an application of this nature. And that it will serve the interest of justice to grant this application.”
In granting an Exparte motion filed by Ogungbeje, Justice Akintayo Aluko had on JUNE 7, 2024 held that: “And upon reading the verifying affidavit in support of the motion paper sworn to by Olukoya Ogunbeje, Esq, Male, Christian, Legal Practitioner, Constitutional Lawyer, Columnist, Author, Executive Director of Coalition for Good Governance in Nigeria.
“And the court having heard Yemisi Ayanwole, Esq., for the Applicant, who moved in terms praying it to grant the reliefs sought as endorsed on the motion paper.
“That leave is granted to the Applicant to apply for JUDICIAL REVIEW in terms of the following Reliefs, namely: “an order of mandamus against the respondents compelling the respondents to perform their official and statutory duty, namely, to provide Information, Publication and or Furnish the Applicant with the information on the N15 trillion, 700 km Lagos-Calabar Coastal Highway Project pursuant to the Applicant’s request application dated 12th of April 2024 and acknowledged by the respondents:
“An order of mandamus compelling the Respondents jointly and severally to immediately provide, furnish or make INFORMATION to a N15 trillion 700 km Lagos-Calabar Coastal Highway to make available to the Applicant through the Applicant’s solicitors forthwith.”
However, while the hearing of the motion has been fixed for January 27, 2025, Engr. Umahi and other respondents in the suit, are yet to file any processes to the suit except the Memorandum Of Conditional Appearance filed by their lawyers.
