Friday 22 July 2016

Civil rights group sues Agric Minister over N25b egg contract

The civil rights group, Centre for Social Justice, CSJ has dragged the Minister of Agriculture and Rural Development, Chief Audu Ogbe before a Federal High Court in Abuja over the N25b egg production contract he awarded to a company, Tuns Farms Nigeria Ltd.

In the suit marked FCH/ABJ/CS/ 520 /2016, CSJ is seeking leave of the court to apply for an order of mandamus compelling the Minister to release details and copy of the N25bn contract he signed with Tuns Farms Nigeria Limited.

The contract was said to be  aimed at enhancing egg production in the country via a project tagged National Egg Production Scheme, NEGPRO.

Specifically, the plaintiff, through its lawyer, Mr. Kingsley Nnajiaka, is praying the court to compel the minister to furnish it with a copy of the signed agreement, the contact address of Tuns Farms Nigeria Limited , newspaper where the  contract was advertised and the criteria for selecting the company for the project.

The plaintiff based its demand on the provisions of sections 1, 20 and 21 of the freedom of information act, 2011, sections 48(1), 51 of the Fiscal Responsibility Act of 2007 and under the inherent jurisdiction of the court.

The civil rights group is also praying the court to among other things, issue "a declaration that denying the applicant access to the details and the copy of N25 billion (Twenty Five Billion Naira) contract the Honourable Minister signed with Tuns Farms Nigeria Limited to facilitate egg production in the country on the project called National Egg Production Scheme (NEGPRO) without explanation constitutes an infringement of the Applicant’s right guaranteed and protected by section 1 (1) of the Freedom of Information Act 2011.
"A declaration that the continued refusal of the Respondent to grant to the Applicant access to the details and the copy of N25 billion (Twenty Five Billion Naira ) contract the Honourable Minister signed with Tuns Farms Nigeria Limited to facilitate egg production in the country on the project called National Egg Production Scheme (NEGPRO)despite Applicant’s demand violates Section 4 of the Freedom of Information Act, 2011.
"A declaration that the continued refusal of the Respondent to grant access to the Applicant of the details and the copy of N25 billion (Twenty Five Billion Naira ) contract the Honourable Minister signed with Tuns Farms Nigeria Limited to facilitate egg production in the country on the project called National Egg Production Scheme (NEGPRO) without explanation constitutes an infringement of the Applicant’s right guaranteed and protected by Section 48 of the Fiscal Responsibility Act 2007.
"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 Center for Social Justice  told the court that it had after the Minister informed the general public that he signed the egg production contract, approached him for the details of the contract.

It said that its letter to the Minister written under the Freedom of Information Act, 2011, requesting for details of the contract especially how Tuns Farms Nigeria Limited was selected for the contract and if the contract was advertised in any newspaper in compliance with the provisions of Public Procurement Act, was ignored.

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