Court grants Civil Group leave to compel FAAN disclose generated revenue on toll gates, parking lots
By Jude-Ken Ojinnaka
Justice Akintayo Aluko of a Federal High Court in Lagos sitting in Lagos has granted the prayers of a civil organisation seeking leave to commence an Order of Mandamus compelling the Federal Airport Authority of Nigeria (FAAN) to disclose total annual generated revenue from the toll gates and parking lots in each of the Federal Government owned Airports across the country since 2015 till date.
Justice Aluko granted the leave while ruling on an ex-parte motion filed by the Registered Trustees of the Centre for Law and Civil Culture (applicant) in suit number FHC/L/CS/1086/2022.
Ruling on the motion, the judge also granted an Order for extension of time within which to file ex-parte application seeking an order of mandamus against the Respondent.
In making the order, Justice Akintayo held that upon reading the verifying affidavit in support, sworn to by Fowewe Oluwatoyin, of No 6 Kolawole Odunsi Street, off Unity road, Ikeja Lagos, and the court having heard A. Imran Esq. for the applicant who moved in terms, praying it to grant the reliefs sought as endorsed on the motion paper, and the court having considered it deserving granted the prayers.
It is hereby ordered as follows:
‘’That leave is granted to the Applicant to file an Order of Mandamus application against the Respondent to compel the Respondent to answer the Applicant’s freedom of information request dated 24th day of August, 2021 demanding to know ‘’The total annual generated revenue from the toll gates and parking lots in each of the Federal Government owned Airports across the Federal Republic of Nigeria since 2015 till date or any other period as may be convenient for the Respondent to provide.
‘’That whether the Federal Airport Authority of Nigeria (FAAN) is under obligation to remit the amount so generated annually (whether directly or through proxy) in each of the Airports to the Federation Accounts.
‘’If the answer to the above is in the affirmative, whether the respondent can avail the Applicant with the evidence of remittance of or funds so remitted to the Federation Account for the period of years under reference or any other period as may be convenient for the Respondent’’.
The Applicant’s counsel, Mr. A. Imran had brought an Originating Summons pursuant to Section 20 of Freedom of Information Act and Order 34 Rules 1, 3(1), 2 and (6)(B) of the Federal High Court, Civil Procedure) Rules 2009 and under the inherent jurisdiction of the court.
The Applicant had urged the Court to determine whether the Federal Airport Authority of Nigeria (FAAN) is under obligation to remit the amount so generated annually (whether directly or through proxy) in each of the Airports to the Federation Accounts.
The Applicant further sought the leave of Court for an extension of time within which to file ex-parte application seeking an order of mandamus against the Respondent.
‘’A declaration that the refusal and failure of the respondents to accede to the applicant’s freedom of information request dated 24th August, 2021 requesting to know the total annual generated revenue from the toll gates and parking lots in each of the Federal Government owned Airports across the Federal Republic of Nigeria since 2015 till date is a gross violation of the Freedom of Information Act, 2011.
‘’An order of the Honourable Court directing and or compelling the respondent to avail the Applicant with the details of statement of the accounts showing the total annual generated revenue from the toll gates and parking lots in each of the Federal Government owned Airports across the Federal Republic of Nigeria and evidence of yearly remittance of such sum so generated per year from January 2015 till date or any other period as may be convenient for the respondent.
‘’In the event that the Respondent is unable to account for the revenue collected in all the toll gates and the parking lots across Nigeria, an order of the Honourable court restraining the Respondent, their agents, privies and or any person howsoever called from further collecting or generating any form of revenue at the parking lots and toll gates in all the Federal Airports across the Federal Republic of Nigeria
‘’And for such further or other order(s) as this Honourable Court may deem fit to make in the circumstance.
The matter has been adjourned to July 19, 2023 for mention