The Kwara State High Court has dismissed a case filed by the Registered Trustees of Elite Network for Sustainable Development (ENETSUD) against several Ministries, Departments, and Agencies (MDAs) of the Kwara State Government. The case, which sought to compel the MDAs to release information on capital projects undertaken in the state, was deemed statute-barred by the court.
According to Justice Dikko, the court was constrained to dismiss the case due to the provisions of Section 20 of the Freedom of Information Act, which stipulates a 30-day time limit for instituting an action.
ENETSUD had filed the case four months and several days after the cause of action arose, without seeking leave of the court to extend the time limit.
The court upheld the objection raised by the Attorney General of Kwara State, Senior Ibrahim Sulyman, who argued that the case was statute-barred and that the applicant had no locus to sue.
The court agreed, ruling that the action was a clear abuse of the process and a waste of judicial time.
The dismissal of the case highlights the importance of adhering to statutory timelines in seeking redress. The court’s decision underscores the need for applicants to be diligent in pursuing their rights under the Freedom of Information Act.
ENETSUD had sought an order of mandamus to compel the MDAs to grant the information requested, but the court found that the action was not instituted within the prescribed time limit and therefore could not be entertained.
The case serves as a reminder of the importance of respecting statutory timelines and the consequences of failing to do so.
