Federal High Court orders FAAN to reveal toll gate revenues since 2015
The Federal High Court in Lagos has mandated the Federal Airports Authority of Nigeria (FAAN) to disclose the total annual revenue generated from toll gates and parking lots fees at all Federal Government-owned airports.
The court’s decision, granted by Justice Ibrahim Kala, also requires FAAN to provide detailed information on the revenue to The Registered Trustees of The Centre for Law & Civil Culture. The judge has given FAAN a three-month deadline to comply with the order.
The legal action was initiated by the applicant after FAAN declined its Freedom of Information request dated August 24, 2022. B.O. Fowowe, representing the applicant, argued that this refusal violated the Freedom of Information (FOI) Act, 2011.
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Fowowe emphasized that under Section 4 of the FOI Act, public institutions must respond to information requests within one week, and Section 20 of the Act allows the applicant to seek an order of mandamus if the institution fails to provide the information.
In response, FAAN, represented by A.A. Lawal, contested the applicant’s entitlement to the request and the reliefs sought.
Lawal argued that as a creation of the Federal Government, FAAN has the authority to maintain a fund where all fees and funds, including toll fees and parking charges, are credited. He cited Section 15 of the FAAN Act, granting FAAN the power to apply funds for various purposes related to its functions.
Despite FAAN’s contentions, the court concluded the hearing on January 25, 2024. During the proceedings on February 23, 2024, Justice Kala granted the applicant’s prayer, stating that all conditions stipulated in Section 20 of the FOI Act had been satisfied.
The court declared FAAN’s refusal and failure to accede to the applicant’s freedom of information requests as a gross violation of the Freedom of Information Act, 2011.
An order of mandamus was granted, compelling FAAN to provide details of the statement of accounts showing the total annual generated revenue from toll gates and parking lots in Federal Government-owned airports from January 2015 to January 2024 within three months.
