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Paschal Njoku
The Registered Trustees of Patriots
for the Advancement of Peace and Social Development, has dragged the Secretary to the Government of the Federation (SGF), and the Permanent Secretary before a Federal High Court, Abuja, over failure to release or disclose the academic records of the Minister of State for Defence, Alhaji Bello Matawalle.
The suit marked FHC/ABJ/CS/ 2449/2025, and dated November 14, has the SGF, the Permanent Secretary in the office of the SGF and the Minister as 1st to 3rd defendants respectively.
The plaintiff’s lawyer, Mubarak Bala Esq, initiated the suit after the office of the SGF turned down his request through the Freedom of Information Act.
By the suit, the plaintiff is praying the court to determine whether having regard to the provisions of Sections 1(1), 2(6), 4, and 7(1) of the Freedom of Information Act, 2011, the Applicant is entitled to access the Curriculum Vitae (CV) and the supporting documents of a serving Minister of Defence submitted to the Federal Government for appointment.
“Whether the reliance by the 1st Respondent on Section 14(1) of the FOI Act (protection of personal information) to refuse disclosure of such CV and its supporting documents is valid and lawful when Section 14(2) of the Act provides that information shall be disclosed if the public interest in disclosure outweighs harm in privacy.
Specifically, the group is praying for an order of mandamus compelling the SGF’s office to releease the records.
The plaintiff also wants a declaration that the refusal by the 1st Respondent to provide the Applicant with a copy of the Curriculum Vitae (CV) and other supporting documents submitted by the Honorable Minister of State for Defence ( Muhammad Bello Matawalle) for appointment as a Minister, on the ground that it constitutes “personal information,” is unlawful, wrongful, and contrary to Sections 1(1), 4, 7, and 14(2} of the Freedom of Information Act, 2011.
“A declaration that the Curriculum Vitae and supporting documents of a serving Minister submitted for ministerial appointment is a public record of a private document within the meaning of Section 2(6) of the FOI Act, and that its disclosure serves a legitimate public interest.
“An order of mandamus compelling the 1st Respondent to make available to the Applicant a copy or official summary of the said Curriculum Vitae and supporting documents.
The plaintiff also prayed for an order directing the Respondents to pay N5,000,000 as general damages for the unlawful refusal of access to the record.
The Applicant predicated the request under the FOI Act made to the 1st Respondent for the CV of a serving Minister and supporting documents submitted to the Federal Government of Nigeria.
“The 1st Respondent refused the request, citing Section 14(1) (protection of personal information). .
“Section 14(2) of the FOI Act, however, provides that such information may be disclosed where the public interest in disclosure, outweighs the harm to privacy…
“Ministerial appointees are public office holders, and their qualifications and background are matters of legitimate public interest.
“The refusal therefore constitutes a breach of the Applicant’s statutory right under Section 1(1) of the FOI Act, the Applicant stated.
The court is yet to fix a date for the hearing of the matter.
