Court okays request to sue AGF, Abia officials over use of LG funds

A Nigerian court has allowed a civil society group to sue state officials in Abia over the alleged misuse of local government funds. The Incorporated Trustees of the Civil Society Observatory for Constitutional and Legal Compliance (CSOCLC) applied for judicial review after officials allegedly refused to provide details on revenues and expenditures for 17 local government areas.

The group, represented by lawyers led by Mr. Nnamdi U. Nwokocha-Ahaaiwe, specifically requested information on monthly allocations from the Federation Account Allocation Committee (FAAC), VAT receipts, budgets, procurement records, audit reports, expenditure schedules, and bank statements. These requests were made under the Freedom of Information (FOI) Act.

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A declaration that the failure/refusal of the 1st to 6th Respondents to furnish the information requested by the Applicant in its FOIA requests constitutes a deemed refusal and a flagrant violation and breach of the Applicant’s rights under the FOIA and the Constitution.

Respondents in the case include officials from the Abia State House of Assembly Committee on Local Government and Chieftaincy Affairs, the Accountant General of Abia State, and Permanent Secretaries from the Finance and Local Government ministries. The Accountant General of the Federation, the Attorney General of the Federation, and the CEO of Union Bank of Nigeria Plc are also listed.

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A declaration that the 1st to 6th Respondents’ wrongful denial of access to the information requested by the Applicant constitutes an offence under Section 7(5) of the Freedom of Information Act, 2011, and that each of the 1st to 6th Respondents is liable on conviction to a fine of five hundred thousand naira only (N500,000.00).

The court, presided over by Justice Ekerete Akpan, granted the applicant leave to file the action for judicial review. The applicant seeks declarations that the respondents' failure to provide the requested information constitutes a breach of their rights under the FOI Act and the Constitution. They also seek a declaration that the denial of access is an offense under Section 7(5) of the FOI Act, punishable by a fine of N500,000.00 for each defaulting official. Furthermore, the applicant requests an order of mandamus compelling the Attorney-General of the Federation to initiate criminal proceedings against the officials.

Further proceedings in the case have been adjourned until October 26.

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An order of mandamus directing the Honourable Attorney-General of the Federation (7th Respondent) to initiate or cause the initiation of criminal proceedings against the defaulting 1st to 6th Respondents for the criminal offence cre