…Orders Immediate Release Of Budgets, Constituency Projects, Scorecards
…Officials To Publish Allocations, Project Details Without Further Delay
Daud Olatunji
The Ekiti State High Court has ordered the Chairman of Ekiti South West Local Government Area, Hon. Richard Apolola, and a member of the Ekiti State House of Assembly, Hon. Tony Kehinde Adaramodu, to release comprehensive details of budgetary allocations and constituency projects following a Freedom of Information suit filed by a citizen.
In a judgment delivered on Wednesday, Justice A.A. Adeleye directed the officials to provide full records of funds allocated to the local government and constituency, including disbursements for constituency projects, as well as their official performance scorecards.
The suit was instituted by Mr. Adekunle Esan after the respondents allegedly failed to respond to his request for information dated August 5, 2025, within the timeframe stipulated under the Ekiti State Freedom of Information Law, 2011.
Dissatisfied with the lack of response, Esan approached the court in January 2026, seeking the enforcement of his right to access public records.
However, the respondents challenged the competence of the suit, arguing that it was statute-barred and that the applicant lacked the locus standi, having filed the action outside the 30-day window provided by law.
Justice Adeleye dismissed the preliminary objection, affirming that the court had jurisdiction to entertain the case. He held that the 30-day period stipulated under Section 22(1) of the law is not mandatory, noting that the use of the word “may” renders the provision permissive rather than compulsory.
The judge ruled that failure to institute an action within 30 days does not extinguish the applicant’s right to seek redress.
“I find that the cause of action is not statute-barred,” he said, adding that the court retains the discretion to extend time where necessary.
The court further described the applicant’s affidavit evidence as “cogent, unambiguous and believable,” stressing that the respondents failed to effectively challenge the claims.
Consequently, the court granted all the substantive reliefs sought by the applicant and declared that the failure of the respondents to provide the requested information within the statutory period was unlawful and a violation of the applicant’s right to access public information.
Justice Adeleye subsequently ordered the officials to forthwith release their scorecards, detailed budgetary allocations, constituency project records, and all other information requested in the applicant’s letters.
The court, however, declined the applicant’s request for N10m in damages and N5m as legal costs, directing both parties to bear their respective costs.
The judgment is widely regarded as a major boost for transparency and accountability in public office, reinforcing citizens’ rights to demand access to government records under the Freedom of Information framework in Ekiti State.
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