What The Court Says

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1. PPDC v NATIONAL AGENCY FOR FOOD AND DRUG ADMINISTRATION AND CONTROL (NAFDAC), 2014

A pre-action notice is incompatible with the general intention of the law of the Freedom of Information Act, 2011
which requires an action to be commenced in 30 days. A pre-action notice would operate to deny the Applicants
of the right of access to court guaranteed under the FOI Act.

(Click here for Case Transcript)

2. PPDC vs FEDERAL MINISTRY OF FINANCE & ANOR, 2014

Where the court finds information that should be exempted, pursuant to Section 18 of the FOI Act, the Court can shed the area off and furnish the Applicant with the agreement.

(Click here for Case Transcript)

3. PPDC vs THE HON. MINISTER OF FCT & ANOR 2014

    •     Respondents of an FOI Request are under obligation to formally communicate to the Applicant, within seven
      (7) days of receiving its request, where they consider that the request of the Applicant, or any part thereof,
      should be denied. The written communication must also state the reason for denying access to the information
      required.
    •         For exemption under Section 15 (1)(a) FOIA, 2011 to apply, it must be shown that the information contains
      trade secrets or commercial and financial information which must be proprietary, privileged or confidential;
      that the information is in the possession of a third party and that the disclosure of such information may cause harm to the interest of the third party.
    •      The burden of establishing that a public institution is authorized to deny an application for information
      or part thereof shall be on the public institution concerned.

  (Click here for Case Transcript)

4. PPDC vs INTEGRATED PARKING SERVICES LTD, 2013

Failure to furnish the Applicant with the information sought via a letter of request amounted to the wrongful
denial of information and in violation of the provisions of Section 1 of the Freedom of Information Act, 2011.

(Click here for Case Transcript)

5. PPDC vs POWER HOLDING COMPANY OF NIGERIA, 2013

Where negotiations have been concluded and the contract awarded, the disclosure of information cannot by any stretch of the imagination reasonably be expected to interfere with any contractual or other negotiations with the Contractor.

(Click here for Case Transcript)

6. PPDC vs FEDERAL MINISTRY OF POWER & ANOR, 2015

On whether actions can be brought against the 2nd Respondent by express provisions of section 20 of the Freedom of Information Act, 2011. Going by the provisions of section 20 of the freedom of information Act, which provides that any Applicant who has been denied access to information or a part thereof, may apply to the court for a review of the matter within 30 days after the public institution denies or is deemed to have denied the application, this Honourable Court opines, that action can be instituted against the Respondent in this suit.

7. PPDC v PETROLEUM TECHNOLOGY TRUST FUND & ANOR, 2015

The Court upholds the submission of the Applicant’s Counsel and ruled that this suit is not statute barred as claimed
by the Respondent citing Section 2 of the Public Officers Protection Act and that the right of action accrues
at the expiration of the seven days permitted by law.

8. PPDC v NIGERIAN BULK ELECTRICITY TRADING COMPANY (NBET) 2016

Wherein the court held that the onus of proving to the Court that the said respondents are in possession or custody
of the information/records requested lies on the Applicant, and such onus has not been discharged.

9. PPDC v FEDERAL MINISTRY OF HEALTH, 2016

None of the defendants filed any counter affidavit nor has any of them appeared in Court despite service of the originating processes on them. However, the application herein is accordingly granted as prayed by the Applicant.

(Click here for Case Transcript)

10. PPDC v CENTRAL BANK OF NIGERIA, 2016

Close scrutiny of the schedule of information requested by the Applicant does not show any third party trade secret
information being requested. The documents requested by the Applicant may be voluminous, bulky and tedious but
they do not fall within the exemption of the Freedom of Information Act, 2011.

11. PPDC v NIGERIAN NATIONAL PETROLEUM CORPORATION (NNPC)

The court held that pre-action notice as provided in Section 12 (2) of the NNPC Act 2004 is a condition precedent
to institute a suit against the respondent.

(Click here for Case Transcript)