A lawyer, Ikedi Agunkwu, Esq., has dragged the Imo State House of Assembly and its Clerk to the Federal High Court, Owerri for refusing to comply with a request he brought pursuant to the Freedom of Information Act,2011.

Agunkwu approached the court via an originating summons marked FHC/OW/128/2020 pursuant to section 1(1)(2) and (3) of the Freedom of Information Act 2011; Order 3 Rules 6 & 9 of the Federal High Court (Civil Procedure) Rules, 2019; and under the inherent powers of the court.

Agunkwu, who is the Founder and Principal Counsel at Ikedi Agunkwu Chambers, is asking court to declare that he “is entitled in law to request for an information which is in the custody or possession of the Defendants as guaranteed under Section section 1(1)(2) & (3) of the Freedom of Information Act 2011”

He is also seeking for court order compelling the Imo State House of Assembly and its Clerk to disclose the salaries and allowances of members

“A DECLARATION that the Defendants have completely defaulted and/or failed in their Statutory duties as encapsulated in Section 4(a) & (b) of the Freedom of Information Act 2011

“AN ORDER compelling the Defendants, jointly and severally, to immediately comply with Section 4(a) & (b) of the Freedom of Information Act 2011.” The reliefs partly read.

Lastly, he wants the court to direct the Defendants to pay him the sum of N1 Million as costs of filing the suit.

In a 14 paragraph affidavit deposed to by himself, the Applicant said he does not belong to any political party and has “bias for justice, Freedom, Rule of Law, Anti-corruption stance, Observance of Human Rights, Democracy and Good Governance.”

He said he was consulted by clients as to the qualifications for election as members of the Imo State House of Assembly and also “sought to know from me as to how much does an elected member of the Imo State House of Assembly earn as monthly salary and as monthly allowance/office running cost” but unfortunately he could not provide them with answers.

He said his clients strongly believed that, as a legal practitioner, he ought to know.

On that basis, he “wrote an application letter for an information to the 2nd Defendant, but the 2nd Defendant under the aegis of the 1st Defendant has completely failed, refused, and/or neglected to accord appropriate response to my application, hence this suit.” The suit is fixed for the 21st day of January,2021 for hearing.

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