CSJ Sues Minister of Transport Over Chinese Railway Loans

Centre for Social Justice Limited by Guarantee (CSJ) sent an FOI request to the Honourable Minister of Transport on 21^st   March, 2019 requesting the Honourable Minister to provide the details of the contracts/agreements signed between the Governments and or Agencies of Nigeria and China for loans related to the construction of railways in Nigeria. CSJ specifically sought for the following information:

1. Copies of the signed contract agreements.
2. The documentation evidencing the exact railway routes being funded by the loans.
3. The documentation evidencing the sums borrowed by Nigeria, the terms of the borrowing, interest rate, repayment details including any moratorium or amortization period, penalties and sanction in the event of Nigeria’s default.
4. Federal Government of Nigeria’s repayment plans.
5. The cost-benefit-analysis backing the debt transaction.

After the expiration of the 7 days provided by the FOI Act for the Honourable Minster to respond without the Honourable Minister providing the information, CSJ has now filed a suit at the Federal High Court Abuja in Suit Number: FHC/ABJ/CS/441/2019 – Centre for Social   Justice ((LTD/GTE)) vs the Honourable Minister of Transport for the following reliefs:

(A) A DECLARATION that denying the Applicant access to information on the Contracts/Agreements signed between the Governments and or Agencies of Nigeria and China for loans related to the construction of railways in Nigeria without explanation constitutes an infringement of the Applicant’s right guaranteed and protected by section 1 (1) of the Freedom of Information Act 2011.

(B) A DECLARATION that the continued refusal of the Respondent to grant to the Applicant access to the access to information on the Contracts/Agreements signed between the Governments and or agencies of Nigeria and China for loans related to the construction of railways in Nigeria despite Applicant’s demand violates Section 4 of the Freedom of Information Act, 2011.

(C) A DECLARATION that the continued refusal of the Respondent to grant access to the Applicant information on the Contracts/Agreements signed between the Governments and or Agencies of Nigeria and China for loans related to the construction of railways in Nigeria without explanation constitutes an infringement of the Applicant’s right guaranteed and protected by Section 48 of the Fiscal Responsibility Act 2007

(D)  AN ORDER OF MANDAMUS compelling the Respondent to grant to the Applicant access to information on the Contracts/Agreements signed between the Governments and or Agencies of Nigeria and China for loans related to the construction of railways in Nigeria specifically for the following information:

a Copies of the signed contract agreements.

b The documentation evidencing the exact railway routes being funded by the loans.

1. The documentation evidencing the sums borrowed by Nigeria, the terms of the borrowing, interest rate, repayment details including any moratorium or amortization period, penalties and sanction in the event of Nigeria’s default.
2. Federal Government of Nigeria’s repayment plans.
3. The cost-benefit-analysis backing the debt transaction.

(E)  AN ORDER compelling the Respondent to pay to the Applicant the Sum of      N1, 000, 000 (One Million Naira) as damages for denying Applicant access to information.

The reliefs are anchored on the following grounds:

• Section 4 of the Freedom of Information Act sets the time line of 7days for public institution to accede to the request for information while Section 20 prescribes that applications for judicial review should be filed within 30 days after the public institution denies or is deemed to have denied the application or within such further time as the Court may either before or after the expiration of 30 days fix or allow.
• The Freedom of Information Act in Section 1 entitles all Nigerian to a right to access to records in the custody or possession of any public official, agency or institution however described and grants a right of access to the courts for the enforcement of this right. An applicant under the Act need not demonstrate any specific interest in the information being applied for.
• Section 48 (1) of the Fiscal Responsibility Act provides that the Federal Government shall ensure that its fiscal and financial affairs are conducted in a transparent manner and accordingly, ensure full and timely disclosure and wide publication of all transactions and decisions involving revenues and expenditures and their implications for its finances.
• The Respondent is the Honourable Minister of the Federal Republic of Nigeria who is in charge of Federal Ministry of Transport who has control over the Nigerian Railway Cooperation.
• The Applicant by letter dated 21^st March, 2019  and received in the Respondent’s  office on the same date applied to the Respondent to make available to the Applicant  information on the contracts/agreements signed between the governments and or agencies of Nigeria and China for loans related to the construction of railways in Nigeria
• The time allowed by law for Respondent to provide to the Applicant the information on the contracts/agreements signed between the governments and or agencies of Nigeria and China for loans related to the construction of railways in Nigeria have elapsed.
•   The Respondent has a legal obligation to provide the information requested by    the Applicant or in the alternative to state reasons why the information cannot be provided.

• The Respondent has violated the Applicant’s Right to access to information and Applicant seeks the protection of the court to vindicate its right.

The case has been assigned to a judge in Court 5, at the Federal High Court, Abuja waiting for hearing.