Murtala Muhammed International Airport Toll Collecting Gate
An order of mandamus has been granted, thus compelling the management of the Federal Airports Authority of Nigeria, FAAN, to provide the Registered Trustees of the Centre for Law & Civil Culture, with details of the 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.
Justice Ibrahim Kala of the Federal High Court sitting in Lagos State made the pronouncement in his judgement on Friday, 23rd February 2024, in a matter brought before him by the APPLICANT, the Registered Trustees of the Centre for Law & Civil Culture, against the Federal Airports Authority of Nigeria, FAAN, RESPONDENT.
Justice Ibrahim Kala in the concluding part of his judgement pronounced that the respondent, FAAN, should also avail the applicant the “evidence of yearly remittance of such sum so generated per year from January 2015 to January 2024, within three months from today,” Friday, 23rd February 2024.
Furthermore, the presiding judge, Justice Kala ordered the management of FAAN to account for the revenue generated from toll gates and parking lots fees under the former President Muhammadu Buhari’s regime, in which Mr Hadi Abubakar Sirika, took charge as the Minister of the ministry with oversight of FAAN- the Ministry of Aviation and Aerospace Development.
The Applicant filed the suit before the court against the Respondent following failure to accede to its freedom of information request of 24th August 2022.
The applicant through its counsel B.O. Fowowe, argued among other things that this failure was in gross violation of the Freedom of Information (FOI) Act, 2011.
Counsel to the applicant had initially submitted before the court that the import of Section 4 of the FOI Act is that once any information is requested, the public institution to which it is directed is under obligation to respond to that information within one week.
B.O. Fowowe further argued that “Section 20 of the Act avails the applicant a right to seek an order of mandamus to compel the specific act to be done where the public institution fails to make the information available”.
However, the respondent through its counsel, A.A. Lawal, argued that the applicant is not entitled to the grant of its request and the reliefs sought.
While counsel to the applicant, B.O. Fowowe, argued that the respondent as a creation of the Federal Government was given the authority to create and maintain a fund where all fees and funds charged by the respondent should be credited into, including but not limited to federal government allocations, access toll fees and car parking charges.
B.O. Fowowe further submitted that under Section 15 of the FAAN Act, the respondent has the power to apply the proceeds of the funds towards the cost of administration, payment of salaries to employees, experts or professionals appointed by the board, maintenance of any property acquired and all other activities connected with the functions of the respondent.
Counsel to the respondent argued that the applicant’s request is baseless and on a completely faulty pedestal as the request for evidence of remittance and statements of accounts of the respondent to determine whether the respondent has been remitting those specific fees to the Federation Account is a fishing expedition.
On the conclusion of the above presentations on Thursday, 25th January 2024, by counsels to both parties and the adoption of their written addresses, the court adjourned for judgment until Friday, 23rd February 2024.
Succinctly put, Justice Ibrahim Kala in his judgement on Friday 23ed February made the following pronouncements inter alia;
“It is hereby declared that the refusal and failure of the respondents to accede to the Applicant’s freedom of information requests dated 24th August 2021, 6th October 2021, and 22nd April 2022, 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”.
Justice Kala further pronounced, “An order of mandamus is, at this moment, granted, compelling the Respondent to avail the Applicant with the details of the 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 to January 2024 within three months from today.”
The counting down to the 90 days stipulated for compliance with the court judgement or perhaps an appeal as it may please the respondent has begun from Friday 23rd February 2024.
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The only credible action against impunity is for the incumbent government to probe the activities of its predecessor. I’m sure that such initiatives will help the incumbent government to retrieve the mismanaged public funds for the development of the country and to deterred wasteful expenditure in the country financial transactions. The judgment is a symbolic step in moving the country forward economically.