A Federal High Court in Lagos has ordered Coscharis Motors Limited
to release information as regards the two controversial bullet-proof cars
purchased by the Nigerian Civil Aviation Authority for a former Minister of
Aviation, Stella Oduah, in 2013.
Justice Mohammed Yunusa made the order of mandamus in a judgment delivered
on Tuesday in a suit filed by a non-governmental organisation,
Enough-is-Enough.
Enough-is-Enough had, through its counsel, Mr. Ayodeji Acquah, approached
Yunusa seeking an order compelling Coscharis Motors to make available to it
documents on the two cars numbered WBAHP41050DW68032 and WBAHP41010DW68044
purchased for Oduah for about N256m.
The organisation claimed to have commenced the action following the refusal
of the company to honour its request via a letter dated October 28, 2013.
It had urged the court to compel the Attorney General of the Federation to
commence criminal proceedings against Coscharis for alleged wrongful denial of
access to information in contravention of Section 7(5) of the Freedom of
Information Act, 2011.
But Coscharis, in opposition to the plaintiff’s prayers, argued being an
indigenous private limited liability company with no government investment, the
FOI Act could not be binding on it.
Counsel for the company, Mr. Ndubuisi Chito, had maintained that his
client, which was not being funded by tax payer’s money and did not enjoy any
type of government subvention could not be categorised as a public service
outfit, which might be subject to sections 1(1) and 4(a) that the applicant
relied upon.
Besides, Chito, had urged Yunusa to dismiss the suit for want of
jurisdiction.
However, Yunusa, in his judgment, assumed jurisdiction and holding that the
provisions of the FOI Act was binding on Coscharis, the judge subsequently
ordered the automobile company to furnish Enough-is-Enough with information and
documents pertaining to the cars.
Yunusa, however, did not compel the Attorney General of the Federal to
commence criminal proceedings against the automobile company as prayed by the
plaintiff.
No comments:
Post a Comment