FOI: FCT High Court dismisses lawsuit against council Chair
FCT High Court on Tuesday dismissed a lawsuit filed by an Abuja-based company, Rym Property Limited that accused Bwari Area Council of violating the Freedom of Information Act.
Delivering Judgment on the suit, Justice Yusuf Halilu, held that the information sought by the plaintiff did not fall within the FOI act.
Haliru, held that the refusal of the Chairman of the Bwari Area Council to forward to the defendants the law setting up the area council, does not amount to violation of the FOI Act.
He dismissed the suit as lacking in merit
“What has that got to do with the issue in disputes? At best, the plaintiff herein is a busy body that has no cause of action against the defendants. I shall dismiss the suit for reasons advance above. I so hold', Halilu held.
It will recalled that the plaintiff sued the defendant on April 24, through its counsel, Mr Musa Abdulmuminu, praying the court to declare that the defendants wrongfully denied him client access to information he had requested through a letter dated March 13, 2013.
He said that on Feb. 8, a Toyota Bus belonging to the plaintiff was forcibly stopped by agents of the defendants.
“They removed the vehicle number plate because the vehicle had no waste basket.
“They forced my client to pay N2,000 as fine and N4,000 for the waste basket'', Abdulmuminu said.
He said that a letter was forwarded to the defendants on March 13, requesting for the law setting up Bwari Area Council.
“The letter also requested for the law permitting the Area Council to carry out vehicle inspection,'' the counsel said,.
He added that the defendants failed to provide the required information as provided by the FOI act.
The defence counsel, Miss Charity Efeseme, argued that information sought by the plaintiff did not fall within the provision of the FOI act.