The High Court of Ekiti State has ordered the Chairman of Ekiti South West Local Government Area, Hon. Richard Apolola, and the member representing Ekiti South West Constituency I in the State House of Assembly, Hon. Tony Kehinde Adaramodu, to release detailed records of budgetary allocations, constituency projects, and their official scorecards following a successful Freedom of Information (FOI) suit filed by a citizen.
In a landmark judgment delivered in Suit No. HAD/9/2026, Justice A.A. Adeleye affirmed the right of citizens to access public records under the Ekiti State Freedom of Information Law, 2011.
The suit was instituted by Mr. Adekunle Esan after the two public officials allegedly failed to respond to his requests for information contained in letters dated August 5, 2025. The requests sought details of constituency projects, budgetary allocations, project disbursements, and other administrative records.
After receiving no response within the statutory period, Esan approached the court in January 2026, seeking enforcement of his right to access public information.
The respondents challenged the suit, arguing that it was statute-barred, incompetent, and that the applicant lacked the legal standing to bring the action. They contended that the suit was filed outside the 30-day period prescribed by law for seeking judicial review following a refusal to disclose information.
However, Justice Adeleye dismissed the preliminary objection and held that the court had jurisdiction to entertain the matter under Section 33 of the Ekiti State Freedom of Information Law.
The court further ruled that the 30-day period stipulated under Section 22(1) of the law is not a mandatory condition that extinguishes a citizen’s right to sue after the expiration of that period.
According to the judge, the use of the word “may” in the provision makes it permissive rather than mandatory.
“In my humble view, the provisions of Section 22(1) of the Freedom of Information Law of Ekiti State do not make it a condition precedent that failure to apply for a review within 30 days extinguishes the right of action. The word ‘may’ employed in the provision is a permissive word. It is not mandatory,” Justice Adeleye held.
The judge also found the applicant’s affidavit evidence to be credible and largely unchallenged by the respondents.
Consequently, the court declared that Esan is entitled to access the requested information, including the officials’ scorecards, comprehensive reports of all budgetary allocations to the local government and constituency, as well as records of constituency project funds and disbursements.
Justice Adeleye further held that the refusal and failure of the respondents to provide the requested information within the statutory period was unlawful and violated the applicant’s right of access to public information.
The court subsequently ordered both public officials to immediately provide the requested records and information.
However, the court declined the applicant’s claims for monetary compensation, refusing requests for ₦10 million in damages and ₦5 million as legal costs.
Justice Adeleye directed that each party should bear its own legal expenses.
The judgment is being regarded as a significant victory for transparency, accountability, and citizens’ access to public records in Ekiti State.