Outrageous Judgements of the High Court in Benue Appealed -By Sesugh Akume

With the long-awaited resumption of the courts after the 10-week strike, two (2) notices of appeal were today filed (thus beating the deadline) against perverse judgements of High Court of Benue State in Makurdi, in two (2) public interest matters for the common good pertaining to local government autonomy, and enforcement of freedom of information (FOI) rights as well as establishing the application of FOI at the state and local government levels in Nigeria.

The Honourable Mr Justice W I Kpochi, had on 17 May 2021, in the matter of _Sesugh Akume v Governor of Benue_ (MHC/293/2020) refused to declare null and void sections the Benue Local Government Law 2007, which empower the governor to suspend (including indefinitely) duly-elected local government chairmen on mere allegations of corruption (whether true or false) without fair hearing; to arbitrary reallocate and redistribute federal allocations to local governments in any manner he chooses, thus opening up local governments to accessing only fractions of amounts allocated them from the federation account on a monthly basis, etc.

There are six (6) grounds of appeal with a total of twenty five (25) particulars of error in this notice of appeal.

In the second matter, the Honourable Mr Justice A I Ityonyiman, had in the matter of Sesugh Akume v Government of Benue (MHC/294/2020) that same day resolved that I lacked the locus standi (the right to sue) in matter where FOI applications I had made to the accountant-general of Benue state, and the chairman, Logo Local Government Area pertaining to federal allocations were all denied.

The trial judge also declined to answer issues brought before the court for determination including whether accounts and financial records of local governments are classified documents; whether it is not the duty of public institutions (including states and local governments) to publish their books including annual budgets, revenues earned, debt profile, etc; whether the FOI Act 2011 does not apply to all public institutions at all levels, etc?

Rather, the trial judge resolved that I lacked the locus standi (the right to sue) in this matter as according to the trial judge, I did not show sufficient interest in the matter of an FOI application I made and was denied.

The notice of appeal has four (4) grounds of appeal and a total of sixteen (16) particulars of error.

The appeal process as we had committed to has just begun, and we intend pursuing it to its conclusion, and remain assured of victory in the end.