Court grants lawyers leave to sue Akwa Ibom LGAs over alleged refusal to disclose public records
The Federal High Court in Uyo has granted two lawyers leave to commence judicial review proceedings against the 31 local government councils in Akwa Ibom State over alleged refusal to release public records requested under the Freedom of Information (FOI) Act, 2011.
The Federal High Court in Uyo has granted two lawyers leave to commence judicial review proceedings against the 31 local government councils in Akwa Ibom State over alleged refusal to release public records requested under the Freedom of Information (FOI) Act, 2011.
The applicants, Akaninyene Archibong and Edidiong Ebong, are seeking court orders that would compel the councils to disclose records relating to public spending, subsidy programmes, policy documents, licences and approvals issued by the councils from November 2024 to date.
The suit, marked FHC/UY/CS/80/2026, is before Justice M. A. Onyetenu of the Federal High Court, Uyo.
Court documents sighted by PREMIUM TIMES showed that the applicants, through their counsel, Mr Ebong, filed a motion ex parte on 22 April seeking leave to apply for judicial review pursuant to Section 20 of the FOI Act against the 31 councils.
They also sought leave to file an originating motion on notice already prepared and attached as an exhibit to the ex parte application, as well as an order deeming the originating motion properly filed and served upon the grant of leave.
In a ruling delivered on 4 May, Justice Onyetenu granted all the prayers by the applicants.
The judge first granted leave to amend the ex parte application by inserting an additional prayer for a deeming order.
The court subsequently granted leave to the applicants to apply for judicial review under the FOI Act against the 31 respondents “in the terms and on the grounds set out in the statement accompanying the application dated 22nd day of April, 2026.”
Justice Onyetenu also granted leave to file the originating motion on notice and ordered that the process be deemed properly filed and served.
The matter was adjourned to 30 June for hearing.
In the originating motion sighted by PREMIUM TIMES, the applicants accused the councils of violating provisions of the FOI Act by allegedly refusing to release information requested through letters dated 23 March.
They are asking the court to declare that the “refusal, failure and/or neglect” by the councils to release the requested information within the seven days prescribed by Section 4(a) of the FOI Act amounts to a violation of Sections 4(a) and 7(1)-(4) of the Act.
The applicants argued that the alleged refusal was “wrongful, illegal, unconstitutional and contrary to the Applicants’ right of access to information.”
The lawyers also challenged the demand by the councils in Esit Eket, Ibesikpo Asutan and Udung Uko for N500,000 each as production fees for the requested documents.
They described the fees as “arbitrary, excessive, unlawful and contrary to Section 8 of the Freedom of Information Act, 2011.”
According to the originating motion, the applicants further argued that the response from Esit Eket Local Government Council which allegedly arrived outside the statutory timeline while demanding N500,000 and directing the applicants to the state Ministry of Finance amounted to constructive denial of access to information.
They made similar claims against the responses allegedly received from Ibesikpo Asutan and Udung Uko councils outside the statutory period.
The applicants are also seeking orders of mandamus compelling all 31 councils to provide extensive public records, including copies of policy statements, administrative guidelines, operational directives, manuals, rules and regulations currently in force within the councils from November 2024 till date.
They further requested detailed records of all subsidy programmes administered by the councils, including names of beneficiaries, selection criteria, implementation frameworks and amounts disbursed.
The lawyers are equally demanding comprehensive records of public funds received and expended by the councils, including monthly allocations from the Federation Account Allocation Committee and the Akwa Ibom State Government, internally generated revenue, budget approvals, budget performance reports and detailed expenditure breakdowns for 2024, 2025 and 2026.
They also asked for records of all licences, permits, approvals and concessions granted by the councils from November 2024 to date, including names of beneficiaries and the nature of approvals granted.
The applicants asked the court to compel the councils to provide the requested information in searchable electronic PDF formats through their email addresses in line with the Attorney-General’s guidelines on implementation of the FOI Act.
In addition, the lawyers are seeking N500,000 against each of the 31 councils as statutory penalties for alleged wrongful denial of access to information under Section 7(5) of the FOI Act, amounting to N15.5 million in total.
They also asked the court to award N5 million as costs of the action.
Speaking with PREMIUM TIMES, Mr Archibong said that since public office holders hold office in trust for the people, the suit aimed to enforce accountability and transparency at the local government level.
The lawyer said that they are facing intimidation and threats since commencing the process.
“One of the chairmen in the local government, through a very trusted source, has promised to deal with us in a way that is not in accordance with the law, especially by sending men of the underworld after us, asking who we are to request for the local government to give account”, Mr Archibong said.
He further claimed that the applicants now notice suspicious movements around places they frequently visit.
“But we will never back down on our demands no matter the intimidation and threats”, Mr Archibong assured.
PREMIUM TIMES had reported calls for online publication of fiscal documents by the LGA councils in Akwa Ibom in adherence to the state’s fiscal responsibility law.
It also reported that under the administration of Governor Umo Eno, Akwa Ibom has slipped deeper into fiscal secrecy.
