CSJ SUES THE MINISTER OF MINES AND STEEL DEVELOPMENT OVER FAILURE TO PROVIDE INFORMATION ON THE ENVIRONMENTAL PROTECTION AND REHABILITATION FUND

Centre for Social Justice Limited by Guarantee (CSJ), a Nigerian Knowledge Institution sent a Freedom of Information request to the Minister of Mines and Steel Development on March 3rd, 2019 requesting information on the establishment of the Environmental Protection and Rehabilitation Fund as stipulate in section 121 of the Nigerian Minerals and Mining Act of 2017.

CSJ specifically sought the following information vis: (a) whether the Fund has been established and if the answer is in the affirmative, the date of its establishment; (b) the name of the Trustees or Fund Managers administering the Fund and the date of their appointment; (c) the terms of their appointment and documents evidencing the terms; (d) the names of Mineral Title Holders so far contributing to the Fund and the amounts they have contributed and whether the amounts contributed is less than their assessed contributions. CSJ also sought information on (e) the names of Mineral Title Holders who are yet to start contributions to the Fund; (f) evidence of any demands to start contributions made to the Mineral Title Holder who are yet to start contributions for the Fund; (g) the total amount of money so far accrued to the Fund; (h) the details of any disbursements from the Fund; and (i) the list of beneficiaries and projects so far remedied from the proceeds of the Fund.

After the expiration of the statutory period provided by the FOI Act for the Minster to respond elapsed without the Minister providing the information, CSJ has now filed a suit at the Federal High Court in suit number FHC/ABJ/CS/390/2019 in the matter of Centre for Social  Justice vs the Honourable Minister of Mines and Steel Development asking for the following reliefs:

(A) A DECLARATION that denying the Applicant access to information on the Environmental Protection and Rehabilitation Fund 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 information on the Environmental Protection and Rehabilitation Fund 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 the Applicant access to information on the Environmental Protection and Rehabilitation Fund 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 Environmental Protection and Rehabilitation Fund, specifically for the following information:

1. Whether the Fund has been established and if the answer is in the affirmative, the date of its establishment.
2. The name of the Trustees or Fund Managers administering the Fund and the date of their appointment.
3. The terms of their appointment and documents evidencing the terms.
4. The names of Mineral Title Holders so far contributing to the Fund and the amounts they have contributed and whether the amounts contributed is less than their assessed contributions.
5. The names of Mineral Title Holders who are yet to start contributions to the Fund.
6. Evidence of any demands to start contributions made to the Mineral Title Holder who are yet to start contributions for the Fund.
7. The total amount of money so far accrued to the Fund.
8. The details of any disbursements from the Fund.
9. The list of beneficiaries and projects so far remedied from the proceeds of the Fund.

(E)  AN ORDER compelling the Respondent to pay to the Applicant the Sum of  N500, 000 (Five Hundred Thousand Naira) as damages for denying the Applicant access to information.

The case is yet to be assigned to any judge.

Eze Onyekpere                                                                               Kingsley Nnajiaka

Lead Director                                                                                    Legal Officer

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