The Permanent Secretary, Federal Ministry of Aviation, Dr Emmanuel Meribole, has been dragged to an Abuja division of Federal High Court by the Incorporated Trustees of Patriotic Youth Organisation of Nigeria, an anti-graft group, over his refusal to disclose details of contracts awarded by his Ministry during former President Muhammadu Buhari’s regime.
The group in a suit number, FHC/ABJ/CS/969 filed on July 17, 2023 through their counsel, Peter Abang Esq of Messrs Lex Prospicit (Law firm of Peter Abang & co) listed Dr Emmanuel Meribole and Federal Ministry of Aviation as 1st and 2nd Respondents.
The suit which commenced by way of Motion Ex parte, was brought pursuant to Section 6(6)(b) & 36(1) (2) Constitution of the Federal Republic of Nigeria, 1999 (as Amended); Section 1 of the Freedom of Information Act, Laws of the Federation of Nigeria, 2011; Order 34 Rules 1, 2, 3 and 4 of the Federal High Court (Civil Procedure) Rules, 2019 and under the Inherent Jurisdiction of this Honourable Court.
The applicant in suit is seeking for leave to apply for judicial review, to wit: “A declaration that the 1st Respondent has a statutory public duty to furnish the Applicant information and details concerning the 2nd Respondent as contained in the Applicant’s letter of request dated 23rd June, 2023.
“A declaration that the refusal or failure of the 1st Respondent to respond to or comply with the Applicant’s request as contained in its letter dated 23rd June 2023 constitutes a refusal/failure of the 1st Respondent’s statutory and/or public duty to the Applicant and is therefore unlawful, illegal, abuse of powers, abuse of discretion and ultra vires.
“An Order of Mandamus directing and compelling the 1st Respondent, either by its staff, officers, privies, servants or otherwise howsoever described to issue, comply with and/or make available to the Applicant or his privies or Counsel, information and details of contracts and expenditures as contained in the Applicant’s letter of 23rd June, 2023; as well as accept payment of the appropriate fees from the Applicant forthwith.” The applicant also sought in alternative;
“AN Order of Mandamus directing the 1st Respondent, either by itself, officer, staff or nominee to forthwith produce for the examination of this Honourable Court certified copies of the publication of the audited accounts and reports of the Nigerian Civil Aviation Authority (NCAA). contracts and expenditures of the 2nd Respondent for the period of 2007 till date,” among others.
In an affidavit in support of the exparte application, the Applicant maintained that it has “a reasonable suspicion that there has been several lapses and various misconducts by the 1st Respondent in relation to the discharge of his duties bothering inter alia on Financial recklessness, failure to audit the accounts and reports of various sister agencies in the Aviation sector, especially the Nigeria Civil Aviation Authority (NCAA), corruption, reckless racketeering, extra budgetary expenditure, misappropriation, embezzlement, mismanagement, abuse of office, round tripping of funds, ownership and acquisition of foreign assets under the names of third parties and nominees etc, leading to the monumental financial and economic instability in Nigeria.”
Permanent Secretary Dragged To Court For Hiding Details Of Aviation Contracts Awarded Under Buhari Government
