By Dansu Peter
According to a petition to the IGP, dated May 2, 2024, Asabe was said to have intentionally hit a pregnant woman with her car.
According to the petition, the police probed the incident but had failed since then to release its findings.
In originating summons with suit number FHC/ABM/CS/742/2024, the, plaintiff prayed the court for an order of granting leaveto the applicant to apply for judicial review by way of Order of Mandamus compelling the Respondent to forthwith release to the Applicant based on the demand letter dated 2nd May, 2024 and attached hereto as EXHIBIT GICN 4 the FINAL INVESTIGATION REPORT of the case involving Asabe Waziri who intentionally hit a pregnant woman named Mrs. Shitua Aso, with her car in front of the FCT Police Command, Garki 2, Abuja, on or about 30th May, 2010.
The suit dated May 29, 2024, sought a declaration that the failure, refusal and or neglect by the Respondent to release the information and documents requested for by the Applicant vide their letter to the Respondent dated 274 May, 2024amounts to a violation of Sections 4 and 5 of the Freedom of Information Act, 2011 and therefore unjustifiable, wrongful and illegal.
The plaintiff also prayed the court to declare that that by a true interpretation of Section 1 of the Freedom of Information Act, 2011 the Applicant being a Public Official cum custodian of information at Nigeria Police Force which is a Public Institution within the meaning of Section 31 of the Freedom of Information Act, 2011 is obligated to furnish on request by the Applicant a comprehensive, just and fair information and documents as enumerated in their letter to the Respondent dated 2"¢May, 2024.
In the suit, the plaintiff listed the following as facts in support of the grounds of the suit:
That Section 4 of the Police Act, 2020gives the Nigeria Police Force power for the prevention and detection of crime, the apprehension of offenders, preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged; amongst other duties within or outside Nigeria.
"On 2nd May, 2024 the Applicant wrote a letter to the Respondent requesting for acomprehensive and detailed FINAL INVESTIGATION REPORTof the case involving Asabe Waziri who intentionally hit a pregnant woman named Mrs. Shitua Aso with her car in front of the FCT Police Command, Garki 2, Abuja on 30 May, 2010.
"Till date, the Respondent has failed, refused and or neglected to avail the Applicant access to the information and documents requested vide their letter dated 2"4 May, 2024 which was received at the office of the Respondent on 3" May, 2024.
"The 7 (Seven) days within which the Respondent is required by Section 4 (a) of the Freedom of Information Act. 2011 to furnish the Applicant with the information and documents sought began to run from 4th May, 2024 and elapsed on 10 May, 2024.
"However, the Respondent did not comply with Section 4 (b) of the Freedom of Information Act, 2011 by giving notice to the Applicant that access to all or part of the information sought will not be granted, stating reasons for the denial and the Section of the Act under which the denial is made.
"Unless and until the Respondent is compelled by an Order of this Honourable Court, he will continue to refuse the Applicant access to the information and documents sought by them from the Respondent.
"The failure, refusal and or neglect by the Respondent to give the Applicant access to the information and documents sought is unjustifiable, wrongful and illegal.
"The Applicant is aggrieved and hereby applies that this Honourable Court invokes the provisions of Freedom of Information Act, 2011 particularly Section 1 (3) thereof by issuing a Writ of Mandamus compelling the Respondent to allow the Applicant access to the information and documents sought in their letter dated 2 4May, 2024submitted to the Respondent in line with his duty under Section".
No date has been fixed for the hearing of the matter
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