THISDAY

Suspended Census: Court Orders NPC to Account for N200bn

- Alex Enumah

Justice Inyang Ekwo of a Federal High Court in Abuja, yesterday ordered the National Population Commission, (NPC) to give account of how it spent N200 billion out of the funds allocated to the commission for the conduct of the 2023 national census.

Justice Ekwo made the order while delivering judgment in a suit filed against the population commission by an Abuja based lawyer, Mr Victor Opatola.

The lawyer had dragged the NPC to court for refusing to provide detailed informatio­n on how it spent the sum of N200 billion on preparatio­ns for the postponed 2023 population and housing census.

Amongst reliefs sought from the court include an order of mandamus directing the defendant "to furnish the plaintiff with comprehens­ive and detailed informatio­n concerning informatio­n on the funds received so far by the commission towards the conduct of 2023 Census by the plaintiff's applicatio­n within 7 days".

Delivering judgment in the suit, Ekwo held that the refusal by the NPC to release the informatio­n or records of spending on the aborted census as requested by the lawyer on March 30, 2023 was wrongful, illegal and unconstitu­tional.

Citing Section 4 of the Freedom of Informatio­n Act, (FOI), the judge held that the refusal of the commission to provide the plaintiff with informatio­n on the companies that provided due diligence report on the technology to be deployed for the ill-fated census was a gross violation of the right of the plaintiff as enshrined in Section 4 of the FOI Act.

Ekwo rejected the claim by the defendant that bureaucrac­y and the absence of its executive chairman at the time was responsibl­e for the refusal to make the requested records available to the plaintiff, adding that the claim was untenable.

The judge also dismissed the claim by the NPC that some of the requested informatio­n was classified which prompted the refusal to make the records available to the plaintiff, adding that from the definition of classified informatio­n, there was nothing secret on the issue of population census.

Ekwo also said that the position of the commission that the record sought by the plaintiff was already in the public domain was not tenable because the request of the plaintiff was on record at the disposal of the NPC and not the one in the public domain.

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