The Governor of Lagos State, Babajide Sanwo-Olu, has denied FOI request of a lawyer, Inibehe Effiong, for copies of instruments establishing the Lagos Panel of Inquiry.
In a letter signed by one Deyemi Bamgbose, Esq for the Attorney-General and Commissioner for Justice, the governor said Freedom of Information Act, 2011, does not apply to Lagos State.
The letter reads in part, “I am directed to acknowledge receipt of your letter dated 25th October, 2020 to the Governor of Lagos State, Mr. Babajide Sanwo-Olu and on whose behalf we hereby respond
“I am further directed to inform you that the Laws of Lagos State does not include the Freedom of Information Act which is a Federal Law that is not applicable to the State, as such your request cannot be granted.”
The Governor placed reliance on the decision of the Court of Appeal in the case of EDOSACA V OSAKUE & ORS (2018) LPELR-44157 (CA) and stated that FOI Act is an Act of the National Assembly and applies only to public records of the Federation and not the state government.
“Whilst assuring your organization of the current administration’s agenda to remain transparent and accountable for all its activities, it is important to state that Mr. Governor has no legal obligation to provide your organization with the information requested.” the letter further reads.
In reaction, Inibehe Effiong countered Governor Sanwo-Olu’s reliance on EDOSACA V OSAKUE. According to Effiong, “in Alo V Speaker, Ondo State House of Assembly & Anor (2018), the Ondo Division of the Court of Appeal held that the FOI Act is binding on States.”
Effiong said, “By virtue of Section 1 of the Tribunals of Inquiry Law of Lagos State, the Panel of Inquiry can only be created by an Instrument; not by a press release or declaration in the media. Without this Instrument, the Panel is illegal. Only an Instrument can legalize their proceedings.
“The inescapable implication is that except there is an legal Instrument as required by law, we are wasting our time with the ongoing inquiry. The members of the Panel, protesters and the public deserves clarification from the governor on this issue. This is a fundamental issue.
“It is also important for us to see the Instrument under which the curfew was declared. Given the conflicting accounts by the state government, the military and other interested parties, it is essential for the Instrument by which the curfew was imposed to be made public.”
Furthermore, he said the conflicting decisions of the Court of Appeal on binding effect of the FOI Act on states should not be an issue, rather, the issue should be the “governor’s questionable commitment to a credible investigation by the Panel of Inquiry. If the governor is sincere, why has he refused to release these Instruments if they actually exist?”
He said he will review the matter and take the appropriate action.
“Those who lost their lives and those whose properties were destroyed deserves justice. We will be dishonouring them if we do not unravel the truth.
“Governor Sanwo-Olu should release the Instruments.” he said
TNL recalls that on 26th October, 2020, Inibehe Effiong wrote the Lagos Governor under the Freedom of Information Act 2011 requesting for the Certified True Copy (CTC) of the Instrument setting up the Lagos State Judicial Panel of Inquiry on SARS Abuses and Lekki Toll Gate Incident.
He also requested for the CTC of the Instrument, Executive Order or Directive under which curfew was imposed on the State from the hours of 9pm on 20th October.
He equally requested for CCTV records showing the attack on protesters at the Lekki Toll Gate.
