An Akure Federal High Court in Ondo State has adjourned the case filed by an Abuja based lawyer, Barrister Adeyemi Nejo against Ondo State government and the State Oil Producing Area Development Commission (OSOPADEC) on non-compliance to the Freedom of Information Act (FOIA) till September 20.
Nejo, in a suit No: FHC/ABJ/CS/706/15, filed against OSOPADEC, said the commission refused to grant information on the capital projects in the mandate areas, the exact locations of the projects, the exact amount earmarked for the projects and the state of execution from 2010 to 2014; if any.
The lawyer, who is an indigene of Ilaje local government said “as a result, the Federal Government in other to ameliorate our pains and to provide succour to those of us living within the oil exploration/extraction areas provided a fund for the development of our area known as 13% oil derivation fund.”
“Ever since the commission was established in year 2003, I have not noticed any meaningful development in the area where my family compound is located, but rather oil exploration/extraction have been on the increase with its attendant pollution and land devastation”.
“The commission, which is directly controlled by the OSOPADEC respondent and keeps parts of the funds allocated to the state under the 13% oil derivation fund, has failed in carrying out its functions as clearly spelt out in Part II Section 6(i)-(vii) of the law establishing OSOPADEC in 2003 that was marked as “Exhibit A.”
“The law saysthe commission should receive and exclusively administer 40% of the 13% oil derivation fund on Ese-Odo and Ilaje LGAs, and also gives other 16 LGAs of the state some fringe benefits. OSOPADEC and Ondo State government have failed to point to where these funds were used, and whatever projects they have done with them,” he said.
“The refusal by the respondents especially the 1st respondent has occasioned breach of applicant’s right to be informed upon request and he is therefore entitled to damages and the Order of Injunction and indeed all other reliefs sought by him thereof.”
Recently, the case was transferred from Abuja to the Federal High Court, Akure Judicial Division.
It was billed for hearing on last Friday for submission of all applications under Justice Folashade Olubanjo.
But she was unavoidably away to Abuja for official assignment and put it off till September 20.