A Federal High Court sitting in Gombe has ordered the Gombe Geographic Information System and its immediate past Director-General, Kabiru-Usman Hassan, to release documents relating to the redesign of the Shehu Abubakar District Layout to an applicant, Nafi’u Abubakar.
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Justice Amina Mohammed of the Federal High Court No. 1, Gombe, delivered the judgment on Wednesday after holding that the respondents violated the provisions of the Freedom of Information Act, 2011, by failing to respond to the applicant’s request within the period prescribed by law.
The court ordered GOGIS and the former Director-General to provide the requested documents within 14 days from the date of judgment and awarded ₦200,000 as costs in favour of the applicant.
The suit, filed on January 8, 2026, by the applicant’s counsel, Barrister M. U. Faruk, was brought pursuant to Sections 1, 2, 4, 7 and 20 of the Freedom of Information Act, 2011. The respondents were represented by Barrister Musa Adamu Kumo.
Abubakar had approached the court to determine whether, under the FOI Act, he was entitled to access public documents relating to the award of the contract for the redesign of the Shehu Abubakar District Layout.
The documents requested included the list of companies that expressed interest in the project, copies of advertisements or calls for expressions of interest, bids submitted, the name of the successful contractor, contract value, evidence of payment, letters of award and acceptance, and the project profile.
The applicant also sought declarations that the failure of GOGIS to provide the requested information within seven days violated Sections 4 and 7 of the FOI Act, and that the agency was legally bound to either release the documents or provide written reasons for refusing access.
In her judgment, Justice Mohammed held that the applicant made a valid Freedom of Information request, which was received by the respondents on December 9, 2025.
“The court finds that the applicant made a valid Freedom of Information request which was duly received by the respondents on 9 December 2025,” the judge held.
The court further held that the respondents failed to prove that they responded to the request within the statutory period.
“The respondents failed to establish that Exhibit R1 was ever served on the applicant and, in any event, failed to respond within the statutory period prescribed by the Act. Consequently, the respondents failed to discharge their statutory obligation under Sections 4 and 7 of the Freedom of Information Act and are deemed, by operation of law, to have refused the applicant’s request,” the court held.
Justice Mohammed answered all three questions raised in the originating summons in favour of the applicant and declared that he was entitled to access the information and documents requested in his FOI application dated November 9, 2025, and served on the respondents on December 9, 2025.
The court also ruled that the respondents’ failure to provide the information or communicate lawful reasons for refusing access within the prescribed period amounted to a breach of the FOI Act.
Consequently, the judge directed the respondents to release all relevant information and documents in their custody within 14 days.
“An order is hereby made directing the respondents to provide to the applicant, within fourteen days from the date of this judgment, all information and documents in their custody relevant to the request. Where any of the requested information is unavailable or exempt from disclosure under the Act, the respondents shall furnish the applicant with written reasons specifying the basis for such non-disclosure in accordance with Section 7 of the Freedom of Information Act,” the court ordered.
However, the court declined the applicant’s claims for ₦100 million as general damages and ₦5 million as cost of the action.
Justice Mohammed held that the purpose of the Freedom of Information Act is to promote transparency and accountability in public institutions, not to provide a basis for punitive enrichment.
“The primary purpose of the Freedom of Information Act is to secure access to information and promote accountability in public institutions, not to provide a basis for punitive enrichment. In this instant case, the applicant has not placed before the court sufficient material establishing any special injury, pecuniary loss, or exceptional circumstances warranting such an award,” the judge stated.
The court relied on the Supreme Court decision in Iyere v. Bendel Feed and Flour Mill Ltd. (2008) in refusing the claim for general damages, but awarded ₦200,000 as costs in favour of the applicant.
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