Court orders FAAN to account for airports toll gate revenue since 2015

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Justice Ibrahim Ahmad Kala of the Federal High Court in Lagos ordered the Federal Airports Authority of Nigeria (FAAN) on Friday to report how much it received from toll gates and parking lot fees at all Federal Government-owned airports, as well as how much it remitted, from January 2015 to January 2024.

Justice Kala, who made the order, compelled the FAAN (the sole Respondent) to provide details of the revenue to a public interest applicant, The Registered Trustees of The Centre for Law & Civil Culture.

The judge allowed the federal agency three months to comply with the ruling.

The applicant filed the litigation FHC/L/CS/1086/2022 in response to the Respondent’s failure to respond to its August 24, 2022 freedom of information request, alleging a violation of the Freedom of Information (FOI) Act of 2011.

B.O. Fowewe represented the applicant, and A.A. Lawal represented the respondent.

The court adjourned for judgement on January 25, 2024, after the hearing concluded and both parties had adopted their written addresses.

At the restart of proceedings on Friday, the judge granted the applicant’s plea, observing that it met all of the standards outlined in Section 20 of the FOI Act.

Justice Kala stated: “I shall, therefore, reach the irresistible conclusion that the lone issue for determination in this case, id est. “Whether the Respondent is mandated to provide the requested information to the Applicant as provided for under the Freedom of Information Act, 2011 and the Applicant entitled to the reliefs sought in their Originating Application,” is resolved against the Respondent and in favour of the Applicant. The Applicant’s application is successful, and it is therefore granted as follows:

“It is hereby declared that the respondents’ refusal and failure to respond to the Applicant’s freedom of information requests dated 24/8/2021, 6/10/2021, and 22/4/2022 requesting to know the total annual generated revenue from the toll gates and parking lots in each of the Federal Government owned Airports across the Federal Republic of Nigeria from 2015 to date is a gross violation of the Freedom of Information Act of 2011.

“An order of mandamus is, hereby, granted compelling the Respondent to avail the Applicant with the details of the statement of the accounts showing the total annual generated revenue from the toll gates and parking lots in each of the Federal Government owned Airports across the Federal Republic of Nigeria and evidence of yearly remittance of such sum so generated per year from January 2015 to January 2024 within a period of three months from today.”