The Federal High Court in Abuja has dismissed a lawsuit seeking to compel the Independent Corrupt Practices and other related offences Commission (ICPC), the Economic and Financial Crimes Commission (EFCC), and the inspector-general of police to investigate a public-private partnership involving the Federal Housing Authority (FHA) and ENL Consortium Limited in Abuja.
Justice M.O. Liman delivered the ruling on Wednesday, striking out the application for an order of mandamus filed by Fanen Ade.
The judge held that the conditions for granting such an order were not satisfied in the extant case.
The plaintiff had approached the court to seek an order compelling the ICPC, EFCC, and the police to investigate the partnership between FHA and ENL Consortium Limited for the development and sale of housing units at the FHA/ENL Paradise Hills Estate in Abuja.
In addition, he sought ₦1 million in exemplary and aggravated damages against the FHA, ENL Construction Limited, Princess Vicky Haastrup, and Mbaka Agwu, alleging that they unlawfully denied him access to information under the Freedom of Information (FOI) Act, 2011.
The applicant claimed his right to information under Sections 1(1), 4, and 7(4) of the FOI Act was violated.
Justice Liman, however, dismissed the suit in its entirety.
He ruled that an order of mandamus cannot be issued where public agencies have discretion on whether or how to act, or where alternative legal remedies exist, even if those remedies are less convenient.
Related Articles:
- Court awards up to $1 Million in compensation to former UFC fighters in landmark antitrust settlement
- Court denies bail to 3 crypto exchange operators in $1bn fraud case
- Court rules on Mohbad father’s case against Naira Marley, Sam Larry on July 2
“The principle of the order of mandamus cannot apply where there is discretion to act, or where there exists an alternative specific legal remedy, albeit less convenient, beneficial, or effective,” the judge said.
Justice Liman also held that the reliefs sought against the first to fourth respondents were inapplicable because the information requested was private and thus exempt under the FOI Act.
On the issue of compelling investigations by the ICPC, EFCC, and the police, the judge ruled that the plaintiff failed to first make any direct formal request to the agencies for information.
“The order of mandamus against the fifth to seventh respondents is also unavailable for the simple reason that the applicant did not first make any direct demand on these respondents to perform a specific public duty,” Justice Liman declared.
He further explained that criminal investigations are broad in scope and nature and that the court cannot issue an order it cannot effectively supervise or enforce.
“For this reason, too, I am disinclined to grant the order of mandamus,” the judge concluded.
Justice Liman consequently resolved all issues against the plaintiff and dismissed the suit.
