FoI Act: Court fines NASS N20, 000 over ‘unnecessary argument’

By Patrick Ahanor
Benin City

A Federal High Court sitting in Benin City yesterday awarded  the sum of N20,000 against the leadership of National Assembly over what it described as “unnecessary argument and delay of  application” in a suit between NASS and  one Chief Patrick Osagie Eholor.

Osagie had, through his counsel, Barrister Dan Ogbegie,  urged  the court to compel the Clerk of  National Assembly to furnish him with allowances, salaries and other emoluments and monies released to  the Senator representing Edo South constituency, Arc  Ehigie Uzamere, as constituency allowances from June 2007 till date and Engr. Nosakhare  Osahon who represents Ovia North East Federal Constituency of the state.

Ogbegie said the application was consequent upon the refusal of NASS to furnish certain information sought by the applicant under Section 1 (1,2&3), Sections 2, 4,7 and 20 of  the Freedom of Information Act, 2011.

At the resumed sitting yesterday, counsel to the respondent, Barrister T.A. Emenike, said  he was yet to file his processes because the plaintiff did not harness his exhibits and serve him accordingly.

However, Ogbegie said the respondent was labouring itself and causing unnecessary delay instead of filing its defence, and, therefore, requested for N50, 000 cost if the plaintiff was granted an adjournment date.

In his ruling, the Presiding Judge, Justice Lima George, expressed surprise at the kind of order the plaintiff was seeking “haven’t been served two motions (order of mandamus and extension of time).”
“The non-attachment of exhibit does not distract from the responsibility of your reply. This is an argument for laziness.”
Justice Geoge, therefore, awarded the sum of N10, 000 as cost for unnecessary argument and N10, 000 to the applicant.