Femi Emmanuel Emodamori, a Nigerian Citizen and Legal Practitioner, has written the Ondo State Government through the Commissioner for Finance, Omowunmi Isaac, to demand whether or not the Eighteen (18) Local Government Areas in Ondo State now receive their statutory allocations directly from the Federation Account created in Section 162 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and in line with the Supreme Court Judgment.
This demand is coming under the Freedom of Information Act (FoI).
Emodamori said, “REQUEST FOR INFORMATION ON DISBURSEMENTS OF STATUTORY ALLOCATIONS TO THE EIGHTEEN (18) LOCAL GOVERNMENT AREAS IN ONDO STATE FROM JANUARY 2025 TILL DATE. Pursuant to Section 1 (1) of the Freedom of Information Act, 2011, I, Femi Emmanuel Emodamori, a Nigerian Citizen and Legal Practitioner, hereby apply to the Ondo State Government through your esteemed office, for the following information:
“Whether or not the Eighteen (18) Local Government Areas in Ondo State now receive their statutory allocations directly from the Federation Account created in Section 162 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), in line with the Supreme Court Judgment of 11th July, 2024 in Suit SC/CV/343/2024; if not, why not?; and
“Documents detailing the disbursements of statutory allocations to all the Eighteen (18) Local Government Areas in Ondo State from the State Joint Local Government Account created by Section 162 (6) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), from January 2025 till date. Please note that you are statutorily mandated to supply the information requested above within Seven (7) days from the receipt of this application, by virtue of Section 4 of the Freedom of Information Act, 2011.
“Permit me to state, the Hon. Commissioner, that I am aware of the lethargic attitude of previous administrations in Ondo State in complying with the Freedom of Information Act, apparently stemming from the wrong perception that being an Act of the National Assembly, it does not or should not apply to States. That was the argument canvassed by the State Government in Suit AK/5M/2016: MARTINS ALO V. SPEAKER, ONDO STATE HOUSE OF ASSEMBLY & ANOR, in respect of a similar request made by the civil right activist for the Approved Audited Account of Ondo State between 2012 and 2014.
“The Ondo State High Court agreed with the State Government and dismissed the Suit, as a result of which Mr. Martin Alo filed an Appeal No. CA/AK/4/2017 at the Court of Appeal, Akure Judicial Division. In a landmark judgment delivered in the appeal on 7th February, 2018, the Court of Appeal held that the Freedom of Information Act is applicable to all the States in Nigeria under the doctrine of covering the field.
“I was privileged to handle the case for Mr. Martins Alo at the High Court and the Court of Appeal, and I am aware that the Ondo State Government subsequently appealed to the Supreme Court, in order to avoid compliance with the Freedom of Information Act, although the State has technically abandoned the Appeal by failing to file her Appellants’ Brief of Argument since 2018.
“Instructively, the Supreme Court has delivered judgment on 11th April, 2025
in a similar appeal over the Freedom of Information Act with Appeal No.
SC/614/2018: OSAKWE & 22 ORS V. EDO STATE AGENCY FOR THE CONTROL OF AIDS (EDOSACA), wherein the Supreme Court made copious references to the earlier decision of the Akure Judicial Division of the Court of Appeal in Martins Alo’s case, and unequivocally held that the Freedom of Information Act is indeed applicable throughout the 36 States of the Federation and the Federal Capital Territory.
“By virtue of Section 287 (1) of the Constitution, the judgment of the Supreme Court is binding on, and must be enforced by all authorities and persons in any part of the Federation, including your esteemed office and Ondo State in general.
“Please note that by virtue of Section 7(5) of the Freedom of Information Act, it is a crime for any officer to wrongly deny any citizen access to information requested under the Act.
“Consequently, the Hon. Commissioner, I would be grateful to have the above requested information within Seven (7) days. Those who have nothing to hide, have nothing to fear. I am persuaded that your office is committed to transparency and accountability.
“Please take notice, however, that in the unlikely event that the information
requested above is not supplied within seven days as stipulated by law, I will,
without further notice, institute a civil action in court for appropriate remedies and equally set the criminal law in motion against the Hon. Commissioner for the statutorily stipulated criminal sanction. Please accept, the Hon. Commissioner, the assurances of my highest regard,” Emodamori noted.
The lawyer copied “His Excellency, The Governor of Ondo State, Governor’s Office, Alagbaka G.R.A Akure; The Attorney-General of Ondo State Ondo State Ministry of Justice Alagbaka GRA, Akure.”
