Court Orders FAAN To Disclose Revenue From Toll Gates, Parking Lots

Justice Akintayo Aluko of the Federal High Court in Lagos has granted leave to the Registered Trustees of Centre for Reform and Public Advocacy to apply for an order of mandamus compelling the Federal Airport Authority of Nigeria (FAAN) to disclose the amount of revenue it generates from the toll gates and parking lots at various airports in the country.

Justice Aluko, who granted the permission while ruling on an application filed by the civil society organisation in suit number FHC/L/CS/1086/2022, also granted an Order for extension of time within which to file ex-parte application seeking an order of mandamus against the Respondent.

The judge further made the following orders, ‘’That leave is granted to the Applicant to file an Order of Mandamus application against the Respondent to compel the Respondent to answer the Applicant’s freedom of information request dated 24 day of August, 2021 demanding to know:

‘’The total annual generated revenue from the toll gates and parking lots in each of the Federal Government owned Airports across the Federal Republic of Nigeria since 2015 till date or any other period as may be convenient for the Respondent to provide.

‘’Whether the Federal Airport Authority of Nigeria (FAAN) is under obligation to remit the amount so generated annually (whether directly or through proxy) in each of the Airports to the Federation Accounts.

‘’If the answer to the above is in the affirmative, whether the respondent can avail the Applicant with the evidence of remittance of or funds so remitted to the Federation Account for the period of years under reference or any other period as may be convenient for the Respondent.’’

The lawyer to the Applicant, Aliyu Imran had in an Originating Summons brought pursuant to Section 20 of Freedom of Information Act and Order 34 Rules 1, 3(1), 2 and (6)(B) of the Federal High Court, Civil Procedure) Rules 2009 and under the inherent jurisdiction of the court.

The Applicant also asked the court for a declaration that the refusal and failure of the respondents to accede to the applicant’s freedom of information request dated August 24, 2021 requesting to know the total annual generated revenue from the toll gates and parking lots in each of the Federal Government owned Airports across the Federal Republic of Nigeria since 2015 till date Is a gross violation of the Freedom of Information Act, 2011.

‘’An order of the Honourable Court directing and or compelling the respondent to avail the Applicant with the details of statement of the accounts showing the total annual generated revenue from the toll gates and parking lots in each of the Federal Government owned Airports across the Federal Republic of Nigeria and evidence of yearly remittance of such sum so generated per year from January 2015 till date or any other period as may be convenient for the respondent.

‘’In the event that the Respondent is unable to account for the revenue collected in all the toll gates and the parking lots across Nigeria, an order of the Honourable court restraining the Respondent, their agents, privies and or any person howsoever called from further collecting or generating any form of revenue at the parking lots and toll gates in all the Federal Airports across the Federal Republic of Nigeria.”

Justice Aluko has adjourned the matter to July 19, 2023.