After weeks of claims, counter-claims, accusations and counter accusations over the whereabout of the whooping sum of 117 billion said to have been left for Governor Willie Obiano in investement and cash by his predecessor, Chief Peter Obi, an Abuja-based Anambra-born Lawyer has finally made good his threat by dragging Governor Willie Obiano before the Federal High Court sitting in Abuja. Named as the Defendants in the suit are; The Governor of Anambra State, the Attorney-General of Anambra State and the Accountant-General of Anambra State. In the Originating Summons, the Plaintiff, Barrister Johnmary Chukwukasi Jideobi, is praying the Court for the following Orders;
1. A DECLARATION that the refusal of the 1st Respondent to publish the records, information and documents as requested by the Applicant in his Letter of Request dated 20th November, 2015 and addressed to the 1st Respondent, constitutes a violation of section 4 (a) of the Freedom of Information Act, 2011.
2. A DECLARATION that it is unlawful for the 1st Respondent to have failed, neglected and refused to publish the records, information and documents requested for by the Applicant in his Letter of Request addressed to the 1st Respondent and dated 20th November, 2015, the said refusal, neglect and failure amounting to a breach of section 4 (a).
3. AN ORDER of this Honourable Court compelling the 1st Respondent to PUBLISH FORTHWITH, on the official website of Anambra State Government in a downloadable form, the following documents, information and records;
a. Certified True Copy of the Statement of Accounts in and from all the Banks wherein all the monies belonging to the people and government of Anambra State were/are kept as at the 17th day of March, 2014.
b. Certified True Copy of the Statement of Accounts in and from all the Banks wherein all the monies belonging to the people and government of Anambra State were/are kept as at the 16th day of November, 2015.
c. A copy of the handover note compiled and delivered to the 1st Respondent by Chief Peter Obi (the former Governor of Anambra State)
4. AN ORDER of this Honourable Court compelling the 1st Respondent to make available to the applicant and PUBLISH OR CAUSE TO BE PUBLISHED FORTHWITH and be placed in all the government's institutions across Anambra State, the following information, documents and records;
a. Certified True Copy of the Statement of Accounts in and from all the Banks wherein all the monies belonging to the people and government of Anambra State were/are kept as at the 17th day of March, 2014.
b. Certified True Copy of the Statement of Accounts in and from all the Banks wherein all the monies belonging to the people and government of Anambra State were/are kept as at the 16th day of November, 2015.
c. A copy of the handover note compiled and delivered to the 1st Respondent by Chief Peter Obi (the former Governor of Anambra State)
5. ANY OTHER ORDER OR ODERS that this Honourable Court may deem fit to make in the entire circumstances of this case.
The question formulated for the Court's resolution is as follows;
(1) Whether, in the light of the affidavit evidence before the Court and the combined provisions of sections 1,2,3,4, and 7 of the Freedom of Information Act, 2011, the reliefs sought by the plaintiff ought to be granted?
It would be recalled that the plaintiff had on the 20th November, 2015 written the Governor to publish the said document under the Freedom of Information Act. The Act empowers any applicant whose application to any Government Official for the publication of any public document is refused to apply to either the State or Federal High Court to compel the recalcitrant Authority to make the information sought available. No date has been fixed for the hearing of the case.
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