Justice Babs Kuewumi of Federal High Court sitting in Ado-Ekiti will, on April 22, hear the suit instituted against the senator representing Ekiti South, Adeyemi Raphael Adaramodu and others.
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The suit praying the court to compel the senator and others to give details of their constituency funds, projects and budgetary allocations, was instituted by Adekunle Esan, a former governorship aspirant and indigene of Ilawe Ekiti in Ekiti South West council.
Other respondents are Adeniyi Ojuawo, member representing Ekiti South West/Ikere/Ise/Orun in House of Representatives; Tony Adaramodu, member representing Ekiti South West 1 in House of Assembly; and Chair of Ekiti South West, Richard Apolola. The matter will be heard April 23, at the State High Court.
Esan said he went to court after respondents allegedly ignored his Freedom of Information requests seeking explanations on how funds allocated to the area were utilised under their custody.
In the originating summons, Esan asked the court to determine if the respondents violated his right to access public records under Chapter IV of the 1999 Constitution (as amended) and Ekiti State Freedom of Information Law, 2011, by refusing or neglecting to release the requested information within the statutory period.
“Have the respondents not violated the right of the applicant to access public records when they refused, neglected or failed to provide their scorecards as public officers and comprehensive reports of budgetary sums allocated and disbursed as constituency projects?” the applicant queried.
In an affidavit in support of the suit, Esan said: “I am a former governorship aspirant, a voter and an indigene of Ekiti South West, with passion, zeal and commitment to growth and of Ekiti State and Nigeria.”
He alleged respondents have not provided able representation to constituents, considering the inept infrastructure, security, living conditions and state of things in the state.
“On making enquiries, applicant was informed that billions of naira had been disbursed to his Senatorial District and Federal Constituency to the knowledge of the respondents have failed to effectively represent the constituents in ensuring the passage of laws steering funds allocated and abuse of constituency funds allocated for constituency projects amongst others,” according to the affidavit.
The applicant, the affidavit noted, was informed that those projects were allocated to the cronies of the respondents who have failed to carry out all the projects or use the funds disbursed to the good of the constituents.
He said despite the release of billions of naira for constituency projects to the local government area and Ekiti South West Constituency I, there had been little or no impact on the welfare of residents.
“The condition of public infrastructure, security architecture, living conditions and the general state of things in the local government area do not reflect the volume of funds allegedly released,” he said.
Esan also alleged that some constituency projects were awarded to cronies of the respondents who allegedly failed to execute the projects or utilise the funds for the benefit of the people.
In the affidavit, he said: “I was informed that billions of naira had been disbursed to my local government area and state constituency… and that the Respondents failed to effectively represent the constituents in ensuring good governance and proper utilisation of funds.”
The applicant told the court that by letters dated August 5, 2025, he formally requested information from the respondents pursuant to the FoI Law, including their scorecards, details of projects executed, motions and bills sponsored, budgetary allocations from 2019 to 2025, proposed allocations for 2026, and funds received from the Federation Account Allocation Committee (FAAC).
In one of the FOI letters addressed to the local government chairman, the applicant requested “a comprehensive report of all disbursements received from FAAC and the Ekiti State Government, details of contracts awarded, procurements undertaken, staff strength, payroll cost, remuneration and budget performance from January 1, 2020 till date.”
He also stated in the letter that any failure, refusal or neglect to provide the requested information within the stipulated timeframe shall compel the Applicant to initiate legal proceedings by way of originating summons.
Esan, however, alleged that the respondents neither acknowledged the letters nor provided any justification for withholding the information.
“The Respondents received the requests but kept quiet. Their failure to respond within the statutory period amounted to a deemed refusal under the Freedom of Information Law,” he stated.
He is therefore asking the court to declare the respondents’ alleged refusal unlawful and to order them to release the requested documents within 14 days of judgment.
The applicant is also seeking N10 million in damages for the alleged violation of his right to access public information and N5 million as the cost of legal representation.
The court had directed the respondents to enter appearance within 30 days of being served with the summons.
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