MRA hails court rulings on FOI Act

By John Oba
Abuja

Media Rights Agenda (MRA), has lauded the recent Lagos High Court judgement that decides against the Lagos state government over the domestication of the Freedom of Information (FOI) Act.
The group in a statement by its Lawyer, Mrs. Mosunmola Olanrewaju, said Lagos High Court, sitting in the Ikeja Judicial Division, ruled that the Freedom of Information (FOI) Act, 2011 is applicable to the Government of Lagos State and does not require “domestication” by the state to have effect.
Dismissing a preliminary objection raised by the Lagos State Ministry of Health in a suit instituted against the Ministry and the Lagos State Government by Media Rights Agenda (MRA) over its failure to disclose records and information requested by the organization under the FOI Act, Justice Beatrice Oke-Lawal said that the Act was validly enacted by the National Assembly and applicable to the Government of the Federation as well as State Governments.
The suit arose from a Freedom of Information request made by MRA in November 2016 to the Ministry, asking for:
According to him, details and copies of plans put in place by the institution to provide the Araromi Zion Estate located in Akiode Area of Ojodu Local Council Development Area (LCDA) with health care services;
“Details and copies of plans put in place to provide the Araromi Zion Estate with health care services taking into consideration the peculiar needs and circumstances of the community;
“Details of any research or assessment carried out on the needs of the community and its residents as well as copies of relevant research or assessments report or reports;
It would be recalled that the Ministry to respond to MRA’s request despite a reminder issued to it, the organization, through its lawyer, Mrs. Mosunmola Olanrewaju, filed a suit against the Ministry and the Attorney-General of the Federation.
MRA asked the Court to declare that the Ministry’s refusal to provide it with the requested information is wrongful and to compel the disclosure of the records and information to the organisation in accordance with the FOI Act.
However, the Ministry filed a notice of preliminary objection to the suit in which it contended that the court had no jurisdiction to determine the suit and asked that the suit be struck out on the grounds that:
The substance of MRA’s case is not contained in the Exclusive Legislative List under the Second Schedule to the 1999 Constitution to confer exclusive power on the Federal Government to make the FOI Act for the Federation.

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