FOI SUIT: LEDAP WINS, AS TRADE MINISTER SURRENDERS FG/UK LAWYERS’ PACT

The Minister for Industry, Trade and Investment, Dr. Doris Uzoka-Anite has provided the Legal Defence & Assistance Project (LEDAP) with a copy of the controversial trade pact between Nigeria and the United Kingdom. 

CITY LAWYER gathered that the Minister made the document available in the wake of a lawsuit by LEDAP, a leading human rights campaigner.

The organisation had dragged the minister to court under the Freedom of Information (FOI) Act following her refusal to release the document following a Freedom of Information (FOI) request by LEDAP.

Meanwhile, the matter was struck out yesterday by Justice James Omotosho following a discontinuance motion by LEDAP’s Founder and Lead Counsel, Mr. Chino Obiagwu SAN upon receipt of the controversial agreement.

CITY LAWYER recalls that LEDAP had filed a suit at the Federal High Court Abuja against the Attorney General of the Federation and the Minister of Industry, Trade and Investment seeking detailed information on the bilateral agreement which would reportedly allow UK lawyers to practice law in Nigeria.

The matter, SUIT NO: FHC/ABJ/CS/430/2024, came up for the first time on May 13, 2024. The defendants were absent and were not represented by counsel.

Though LEDAP’s legal team informed the court that the defendants had been served with the necessary documents and that LEDAP was prepared to proceed with the matter, the court however adjourned the case to June 3, 2024 for hearing.

In an originating motion filed at the Court with suit no: FHC/ABJ/CS/430/2024, LEDAP seeks orders to compel the Attorney General of the Federation and the Minister of Trade to comply with its request for information on the legal practice agreement, in accordance with the Freedom of Information Act 2011.

Among the reliefs sought by LEDAP were:
1. A DECLARATION that the Respondents’ denial of information requested by the applicants in its letters of 14th February 2024 to the Respondents, requesting for copies of the Enhanced Trade Investment Partnership (ETIP) Agreement on legal services between the Government of Nigeria and The United Kingdom and the details of consultations undertaken with relevant stakeholders in respect to the negotiation for the ETIP Agreement including with the Nigerian Bar Association, General Council of the Bar or any other body relevant to the protection of the legal trade in Nigeria is an infraction of Section 1(1) of the Freedom of Information Act, 2011 and of Applicants’ right to such information under the said section.

2. AN ORDER of court compelling the Respondent to disclose to the Applicant within 14 days of the order the detailed information as requested by the Applicant in its letters of 14th February 2024, namely; Copies of the Enhanced Trade Investment Partnership (ETIP) Agreement on legal services between the Government of Nigeria and The United Kingdom and details of consultations undertaken with relevant stakeholders in respect of the negotiation for the ETIP Agreement including with the Nigerian Bar Association, General Council of the Bar or any other body relevant to the protection of the legal trade in Nigeria.

The grounds for the application were as follows:
1. The Applicant has the right to the information it requested from the Respondents in its letter to the Respondents dated 14″ February 2024, (attached to the affidavit in support of the motion as Exhibits B and C), by virtue of section 1(1) of the Freedom of Information Act, 2011.

2. That the Respondents failed to furnish the Applicant with the information requested without stating any valid grounds for withholding the said information.

3. The National Assembly, in 2011, enacted the Freedom of Information Act which makes general provisions on requests for information by “anyone” in need of such information.

4. The information sought by the Applicant from the Respondents does not fall within any of the exemptions provided under Sections 11,12,14,15 16 and 17 of the Act, or under any other part of the Act.

5. This Honourable Court has the jurisdiction to order the Respondents to disclose the requested information under section 25 of the Freedom of Information Act, 2011.

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