Abdul Mahmud's Freedom of Information Challenge Goes to Court

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Published on Monday, 16 April 2012 15:21

Written by Abdul Mahmud

Please, read below processes, filed on my behalf by my lawyer, Kayode Ajulo, challenging the refusal of the Minister of Agriculture to allow me access to information held by him as it relates to the Dminion Farms and Federal Government of Nigeria's

 Joint Venture Farms in Taraba State.

No date has been fixed by Justice Ibrahim Auta, Chief Judge of the Federal High Court, Abuja. IN THE FEDERAL HIGH COURT OF NIGERIA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA

SUIT NO.  

IN THE MATTER OF AN APPLICATION BY: 

ABDUL MAHMUD 

IN THE MATTER OF FREEDOM OF INFORMATION ACT 

BETWEEN: 

ABDUL MAHMUDAPPLICANT

 AND

 1.THE HONOURABLE MINISTER OF AGRICULTURE       RESPONDENTS

2.ATTORNEY GENERAL OF THE FEDERATION                                       

                                       MOTION ON NOTICE 

Pursuant to sections 1 (3) and 20 Freedom Of Information Act 2011; Order 26 Federal High Court (Civil procedure) Rules 2009; Section 6 (6) Constitution OF Federal Republic of Nigeria 1999 (Amended) and under the inherent jurisdiction of the Honourable Court.

TAKE NOTICE that this Honourable Court will be moved on the--------------day of -------------------------2012 at the hour of 9’0 clock in the forenoon or so soon thereafter as Counsel may be heard on behalf of the Applicant praying for the following: 

1.    AN ORDER directing the Respondents to release the following information: 

(a)Terms of Ownership of the rice farm in Taraba State provided for by the Joint Venture Agreement recently signed by the Respondent on behalf of the Federal Government of Nigeria with Dominion Farms Limited, Guthrie, Oklahoma, United States of America and its newly incorporated Nigerian subsidiary, Dominion Farms Nigeria Limited. 

(b)Any information in the custody of the Respondent or in possession of the Federal Ministry of Agriculture relating to the nature of training that Dominion Farms Limited intends to offer to Nigerian Farmers. 

(c)Any information in the custody of the Respondent or in possession of the Federal Ministry of Agriculture relating to the nature of the land designed as the farm site in Situ, Taraba State, the land holding and its ownership. 

(d)Any information in the custody of the Respondent or in possession of the Federal Ministry of Agriculture relating to the cost of the joint venture rice farm to the Nigerian tax payers.

2.A DECLARATION that the denial of the information requested is wrongful, unlawful and a gross violation of the Freedom of Information Act, 2011.       

Dated this 2nd day of April, 2012.

-------------------------------------

AFFIDAVIT IN SUPPORT OF MOTION 

I, ABDUL MAHMUD, male, Legal Practitioner, Nigerian Citizen of Plot 784, Herbert Macaulay Way, CBD, Abuja do hereby make oath and asseverate as follows:

1.That I am the Applicant in this case by virtue of which I am conversant with facts stated herein.

2.That the Applicant has by a letter dated 23rd February 2012 applied to the 1st Respondent for the information sought in the Motion paper. The said letter is hereto attached and marked as Exhibit B01. 

3.That the 1st Respondent did not respond in anyway respond to the request contained in the said letter. 

4.That I believe that the refusal of the 1st Respondent to respond to the said letter is a refusal to grant the information requested for. 

5.That I believe that the Freedom of Information Act empowers me as a Nigerian citizen to be entitled to the requested information. 

6.That I also believe that the said Freedom of Information Act makes it mandatory for the 1st Respondent to release to me the requested information.  

7.That I believe that the requested information will not in any way jeopardise the operation of the Respondents. 

8.That this Honourable Court has the power to compel the Respondents to release the requested information. 

9.That it is in the interest of justice to grant this application. 

10.That I make this oath conscientiously in accordance with the Oath Act in force believing same to be true. 

Sworn at the Registry at the Federal High Court o, Abuja 

This 2nd day of April, 2012. 

DEPONENT

BEFORE ME

COMMISSIONER FOR OATHS

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