Lagos appeals ruling on applicability of FOI Act

ITREALMS:

The Lagos State Government has lodged an appeal at the Court of Appeal in Lagos seeking to set aside the ruling of an Ikeja High Court in Lagos, which held that the Freedom of Information (FOI) Act, 2011 is applicable to the State even without “domestication”, reports ITRealms.

The Legal Officer, Media Rights Agenda, Ms Chioma Nwaodike, affirmed this in a press statement made available to ITRealms, saying that in a Notice of Appeal filed by the Lagos State Director of Civil Litigation, Mr. Saheed Quadri, on behalf of the State’s Attorney-General and Commissioner of Justice, the Government is asking the Court of Appeal to set aside the November 28, 2017 ruling by Justice Beatrice Oke-Lawal in a suit instituted against the Government and the State Ministry of Health by Media Rights Agenda (MRA) over its failure to disclosure records and information requested by the organization under the FOI Act.

Justice Oke-Lawal had in the ruling dismissed a preliminary objection raised by the State Government and the Ministry to MRA’s suit and held that the FOI Act was validly made by the National Assembly and applicable to the Government of the Federation as well as State Governments.

The Government and the Ministry are asking the Appeal Court to set aside the lower court’s ruling and dismiss the suit filed against them by MRA to compel compliance with a Freedom of Information request made by the organization in November 2016 to the Ministry asking, among other things, for details and copies of plans put in place by the Ministry to provide the Araromi Zion Estate located in Akiode Area of Ojodu Local Council Development Area (LCDA) with health care services; the timeframe for the implementation of the plans, as well as details of the budgets and costs estimates for the implementation of the plans, if any.

In its Notice of Appeal, the Government contended that Justice Oke-Lawal erred in law when she held that the FOI Act is applicable to the State, claiming that “Notwithstanding the permissible provision of Section 21 of the Freedom of Information Act allowing issues raised pursuant to Section 20 of the same law to be determined summarily, there abounds legions of judicial pronouncement forbidding courts from pronouncing on substantive matter at interlocutory stage.”

The Government accused the judge of failing to restrain herself from “pronouncing on the substantive matter when parties are yet to make their submissions.”

It also claimed that the judge erred in law by assuming jurisdiction when MRA failed to comply with a condition precedent to the institution of the suit and alleged that the organization filed the suit outside the 30 days within which it is allowed to seek judicial review after it was denied or deemed to have been denied the information requested.

The Government and the Ministry have also filed a motion on notice at the Ikeja Judicial Division of the Lagos High Court asking the court to stay further proceedings in the suit pending the determination of its appeal by the Court of Appeal.

Hearing in the matter has been fixed for December 20, 2017 at the Ikeja High Court.

Ogochukwu Nebenanya/GEE 

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NLNG wins NIMASA @High Court over levy applicability

ITRealms:

The Federal High Court sitting in Lagos, Tuesday delivered a landmark judgment in favour of Nigeria LNG Limited (NLNG) in a case between the company and the Nigerian Maritime Administration and Safety Agency (NIMASA) over applicability of NIMASA levies, reports ITRealms.

NIMASA, ITRealms gathered had alleged that NLNG was liable to pay  three per cent gross freight  on its international inbound and outbound cargo, Sea Protection Levy, two per cent cabotage surcharge on all activities carried out for and on its behalf, as well as other sundry claims, all of  which NLNG disputed.

In a landmark judgment in Lagos, Hon. Justice M.B. Idris held inter alia, that NLNG was not liable to make the said payments to NIMASA, and that all such payments already made by NLNG to NIMASA should be refunded to NLNG forthwith. Hon. Justice Idris further held that NIMASA was wrong in blockading the Bonny Channel for the purpose of enforcing the payments against NLNG.

ITRealms reports that NLNG, in 2013, filed the case at the Federal High Court against NIMASA, seeking a judicial determination on, among other things, the legality or otherwise of the levies sought to be imposed on NLNG by NIMASA, and the consequent blockade of the Bonny Channel by NIMASA and its agents as a result of the dispute.

Also, ITRealms reports that NLNG had sought a Court Order restraining NIMASA from further blockade of the Channel. An Interim Injunction granted in favour of NLNG by the Federal High Court was disobeyed by NIMASA, which again affected a blockade of the Bonny Channel for over a three week period whilst the matter was pending, thereby preventing NLNG vessels and other vessels doing business with the company, from entry and exit through the Channel.

NIMASA had filed a Counterclaim restating its supposed entitlement to receive payment of the levies from NLNG. However, the Federal High Court judgement reinforces NLNG’s position that by the provisions of the applicable laws, the Company is  not subject to payment to NIMASA of the three percent gross freight as well as the Sea Protection Levy,  and that the two percent Cabotage Levy is inapplicable because NLNG’s LNG vessels are not involved in coastal trade or cabotage.  This decision also affirms the sanctity of the guarantees and assurances conferred on the Company and its Shareholders by the Government of the Federal Republic of Nigeria, on the strength of which the Shareholders made their investments from which the country has reaped immense returns.

Responding to the judgement, the General Manager, External Relations at NLNG, Mr Kudo Eresia-Eke, asserted that NLNG as a law abiding company and a good corporate citizen remains committed to conducting its businesses in accordance with the laws of the Federal Republic of Nigeria.

Chuks Egbune/GEE

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