Foundation for Environmental Rights, Advocacy and Development (FENRAD), Social Development Integrated Centre (Social Action) and Niger Delta Advocacy Groups in Abia State have sued the Niger Delta Development Commission (NDDC) for their failure to provide the Commission’s 2020 budget, in line with the provisions of the Freedom of Information (FOI) Act.
In a statement on Monday, December 26, 2022 signed by FENRAD’s Executive Director, Comrade Nelson Nnanna Nwafor, the groups said that in compliance with the provisions of the FOI Act which entitles citizens and groups the right to request information from government institutions, individuals and corporate organizations, they had earlier requested from NDDC, its 2020 budget and details of the procurement made during the period, vendors used in the procurement process, details of the bidding process, details of the contractors who executive the projects, details of the executed projects/location of the projects budgeted, as well as the process of the disbursement to the contractors.
The statement reads: “Foundation for Environmental Rights, Advocacy & Development (FENRAD) & Social Development Integrated Centre (Social Action) and Niger Delta Advocacy Groups in Abia State have instituted a legal Action against the Niger Delta Development Commission (NDDC) for their failure to make available 2020 Budget of Niger Delta Development Commission (NDDC) in compliance with the provisions of the Freedom of Information (FOI) Act.
“In the suit, dated 22nd December, 2022 with suit No FHC/UMU/CS/349/2022 filed by J.C. Anyigor Esq of NCN & Partners law firm, Umuahia, Abia State, on behalf Foundation for Environmental Rights, Advocacy & Development (FENRAD) & Social Development Integrated Centre (Social Action) and Abia State NDDC advocacy group, in motion ex-parte brought in pursuant to the order 34 rules 3(1) & (2) of the federal High Court (Civil Procedure) Rules 2019 and under the inherent jurisdiction of the Honourable Court for Judicial Review.
“The groups in the earlier Freedom of information letter requested from Niger Delta Development Commission (NDDC) 2020 Budget and details of the procurement made during the period, vendors used in the procurement process, details of the bidding process, details of the contractors who executive the projects, details of the executed projects/location of the projects budgeted as well as the process of the disbursement to the contractors.
“The request was made in compliance with the provisions of the Freedom of Information (FOI) Act which entitles citizens, groups, the right to request information from Government institutions, individuals and corporate organizations.”
The group further stated that in response to its request, NDDC referred FENRAD to the National Assembly for the Budget and demanded a processing fee with which to compile the procurement documents, a demand which FENRAD described as “illogical, unfounded and unwarranted.” The groups consequently have approached the court “to compel NDDC to make this information available in line with the provision in the FOI Acts through judicial Review.”
Continuing, Nwafor wrote: “In Reply to the Request made by Foundation for Environmental Rights, Advocacy & Development (FENRAD) by Niger Delta Development Commission (NDDC), the Commission referred back FENRAD to engage the National Assembly for the Budget and demanded the sum of three Hundred and fifty thousand Naira (N350,000.00) paid to the commission in certified bank draft in favor of Niger Delta Development Commission as Processing fee to compile the requested documents which is the procurements documents not the budget which FENRAD in the reply to the letter through their lawyer termed to be illogical, unfounded and unwarranted as the amount requested do not accord with the provisions and letters of the Act as standard charge HENCE this Legal Action by Foundation for Environmental Rights, Advocacy & Development(FENRAD) and Social Development Integrated Centre (Social Action) to compel NDDC to make this information available in line with the provision in the FOI Acts through judicial Review.
“Foundation for Environmental Rights, Advocacy & Development (FENRAD) is a not-for-profit, non-governmental organization. It has focus on Human rights, Democracy and Good governance, Environmental Protection and Social Justice.
“FENRAD’s mission is to promote and protect the interest of the vulnerable groups and the environment through the direct involvement of all stakeholders to ensure sustainable development and ensure the Human rights are upheld and protected. FENRAD over the years have actively played a significant role in community development, community social mobilization activities, policy analysis/Advocacy and Human Rights work, focuses on various aspects of community development, security, governance, budgetary monitoring and evaluation, social inclusion, human rights, social justice, and environmental management & justice in the Niger-Delta Region.
“Social Development Integrated Centre (Social Action) works to promote resource democracy, social justice and human rights in the sectors of energy, mining, the environment and climate change, trade and public budgets. They engage in research and monitoring, popular education and advocacy in solidarity with communities, activists and scholars working to promote social change in Nigeria and other countries in the Gulf of Guinea region of Africa.
“Social Action mission is to promote platforms with the aim of encouraging change towards better democratic practices, people-oriented policy, improved livelihoods and human rights and advancing solutions to environmental and social problems. And their vision is to build a democratic order in which communities of conscious citizens contribute to and benefit from building of just societies and an environment adequate for production and sustenance of life.”
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