A civil society organisation--Centre for Social Justice
(CSJ)-has dragged the Minister of Transportation, Hon. Rotimi Amaechi, to court
for failing to provide the details of the contracts/agreements signed between
the governments and or agencies of Nigeria and China for loans related to the
construction of railway lines in Nigeria.
CSJ had on March 23, 2019 sent a Freedom of Information
(FoI) request to the minister requesting him to provide the details of the
contracts/agreements signed between the Governments and or Agencies of Nigeria
and China for loans related to the construction of railways in Nigeria.
CSJ specifically sought for information on copies of the
signed contract agreements, documentation evidencing the exact railway routes
being funded by the loans, documentation evidencing the sums borrowed by
Nigeria, the terms of the borrowing, interest rate, repayment details including
any moratorium or amortisation period, penalties and sanction in the event of
Nigeria’s default.
It also sought information on federal government of
Nigeria’s repayment plans, and the cost-benefit-analysis backing the debt
transaction.
However, after the expiration of the seven days provided by
the FoI Act for the minster to respond without him providing the information,
CSJ has filed a suit at the Federal High Court, Abuja.
In the suiit number: FHC/ABJ/CS/441/2019 - Centre for
Social Justice ((LTD/GTE)) vs the
Honourable Minister of Transport, the applicant sought for the following
reliefs:
*A declaration that denying the Applicant access to
information on the Contracts/Agreements signed between the Governments and or
Agencies of Nigeria and China for loans related to the construction of railways
in Nigeria without explanation constitutes an infringement of the Applicant’s
right guaranteed and protected by section 1 (1) of the Freedom of Information
Act 2011.
* A declaration that the continued refusal of the Respondent
to grant to the Applicant access to the access to information on the
Contracts/Agreements signed between the Governments and or agencies of Nigeria
and China for loans related to the construction of railways in Nigeria despite
Applicant’s demand violates Section 4 of the Freedom of Information Act, 2011.
*A declaration that the continued refusal of the Respondent
to grant access to the Applicant information on the Contracts/Agreements signed
between the Governments and or Agencies of Nigeria and China for loans related
to the construction of railways in Nigeria without explanation constitutes an
infringement of the Applicant’s right guaranteed and protected by Section 48 of
the Fiscal Responsibility Act 2007
*An Order of Mandamus
compelling the Respondent to grant to the Applicant access to information on
the Contracts/Agreements signed between the Governments and or Agencies of
Nigeria and China for loans related to the construction of railways in Nigeria
specifically for the following information:
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