The Ekiti State High Court has ordered the Chairman of Ekiti South West Local Government Area, Hon. Richard Apolola, and a member of the State House of Assembly, Hon. Tony Kehinde Adaramodu, to release detailed records 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 held that the officials must provide comprehensive reports of funds allocated to the local government and constituency, including disbursements for constituency projects, as well as their official 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 statutory period stipulated under the Ekiti State Freedom of Information Law, 2011.
Esan subsequently approached the court in January 2026, seeking enforcement of his right to access public records under the law.
However, the respondents challenged the competence of the suit, arguing that it was statute-barred and that the applicant lacked the locus standi to institute the action, having filed it outside the 30-day window provided by law.
Justice Adeleye dismissed the preliminary objection, affirming that the court had jurisdiction to entertain the matter.
The judge ruled that the 30-day period provided under Section 22(1) of the law is not mandatory, stressing that the use of the word “may” in the provision makes it permissive rather than compulsory.
He held 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,” the judge ruled, adding that the law gives the court discretion to extend time where necessary.
The court further described the applicant’s affidavit evidence as “cogent, unambiguous and believable,” noting that the respondents failed to effectively controvert the claims.
Consequently, the court granted all the substantive reliefs sought by the applicant.
Justice Adeleye declared that the failure of the respondents to provide the requested information within the statutory timeframe was unlawful and a violation of the applicant’s right to access public information.
The court, therefore, ordered the officials to forthwith release their scorecards, detailed budgetary allocations, constituency project records, and other information requested in the applicant’s letters.
However, the court declined the applicant’s request for N10m damages and N5m as legal costs, directing both parties to bear their respective costs.
The judgment is being seen as a significant 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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