Ekiti High Court Compels Officials to Disclose Project Funds, Scorecards After FOI Request

In a significant ruling, the High Court of Justice, Ekiti State, has upheld citizens' rights to public records under the Ekiti State Freedom of Information Law 2011. The judgment, delivered in the case of Mr. Adekunle Esan versus Hon. Richard Apolola and Hon. Tony Kehinde Adaramodu, mandates the Chairman of Ekiti South West Local Government and a state lawmaker to release detailed financial and project information.

Justice A.A. Adeleye dismissed a preliminary objection from the respondents, ordering Hon. Richard Apolola, who chairs the Ekiti South West Local Government, and Hon. Tony Kehinde Adaramodu, the representative for Ekiti South West Constituency 1, to provide comprehensive reports. These reports must include budgetary allocations, specifics on constituency projects, and their official performance scorecards.

The court action stemmed from Mr. Esan's initial request for information on August 5, 2025, concerning constituency projects and budgetary details. After receiving no response within the legally stipulated 14 days, Mr. Esan proceeded to court in January 2026, invoking both the Constitution and the Ekiti State Freedom of Information Law.

The respondents had argued that the lawsuit was statute-barred, incompetent, and that Mr. Esan lacked the legal standing to sue (locus standi). Their defense claimed the action was filed beyond the 30-day window allowed by law after their alleged failure to respond to the information request.

However, Justice Adeleye rejected this preliminary objection challenging the competence of Suit No. HAD/9/2026. The judge affirmed that the High Court possessed the necessary jurisdiction, as outlined in Section 33 of the Ekiti State Freedom of Information Law. Furthermore, the court clarified that Section 22(1) of the law does not impose the 30-day period as a mandatory condition for commencing a legal action. Justice Adeleye highlighted that the word “may” in the provision signifies permission, not compulsion, and therefore, a right of action is not extinguished after 30 days.

The judge also found the applicant's affidavit evidence to be "cogent, unambiguous and believable," noting the respondents' failure to effectively challenge the allegations. Consequently, the court granted the substantive reliefs sought by Mr. Esan.

Justice Adeleye stated: "In my humble view, the provisions of section 22 (1) of the Freedom of Information Law Ekiti State does not make it a condition precedent that failure to apply for a review within 30 days extinguishes the right of action. The word 'may' employed in the provision is a permissive word. It is not mandatory." The judge further added, "I find that the cause of action is not statute barred. l am at one with applicant's counsel that section 22 (1) does not declare any action filed outside 30 days to be incompetent. It gives the court the latitude to fix further time before or after the expiration of 30 days."

In its final orders, the court declared that Mr. Esan is entitled to access the scorecards of the elected public officers, comprehensive reports of all budgetary sums allocated to Ekiti South West Local Government Area and Constituency 1, and details of sums allocated and disbursed for constituency projects, along with other administrative information requested on August 5, 2025. The court also declared the respondents' failure to provide the information within the statutory period as unlawful, illegal, and a violation of the applicant’s right to public information under the 2011 Freedom of Information Law.

Justice Adeleye then ordered the respondents to immediately provide the requested scorecards, detailed budgetary reports, constituency project disbursement records, and other information within the court-stipulated timeframe. However, the court declined the claims for N10 million in damages and N5 million for legal costs, ordering each party to bear their own legal expenses. "No damages awarded. Parties are to bear their respective cost," the court concluded.