The Federal High Court, sitting in the Port Harcourt Judicial Division, presided over by the Honorable Justice A.T. Mohammed, has today granted an ex parte application for leave to apply for Judicial Review.
The order seeks to compel Avondale Services and Supplies Ltd and its CEO, Dr. Ayibatonye Owei, to fully disclose financial and contractual records relating to the public funds allocated for the cleanup of oil-polluted sites in Ogoniland.
The application was brought by Rural Development, Information and Legal Advocacy Centre (RUDILAC) – a human rights organization following the respondents’ absolute failure to comply with a statutory Freedom of Information (FOI) request served on them on April 7, 2026
The judicial review centers on a public interest monitoring exercise of the Hydrocarbon Pollution Remediation Project (HYPREP). Avondale Services and Supplies Ltd is a primary beneficiary of public funds for the Remediation of Hydrocarbon Impacted Site in Ajeokpori-2 Ogale, Eleme LGA (Ref: SMR 002).
By granting this leave, the Federal High Court has cleared the path for full judicial scrutiny into the company’s refusal to release vital fiscal information and records including contractual Key Performance Indicators (KPIs) and cleanup targets for the Ajeokpori-2 Ogale cleanup site and disbursement schedule showing all milestone payment tranches received from HYPREP.
According to the counsel to the applicant Rex Ojugo, Esq., “This case highlights a critical enforcement metric of the Freedom of Information Act 2011. Under Sections 2(7) and 31 of the Act, private corporate entities are legally classified as Public Institutions whenever they utilize public funds to execute projects of significant environmental and public interest.”
He stated further that “the statutory mandate to disclose information within seven (7) working days is as binding upon private government contractors as it is upon core ministries and agencies.”
The court also granted leave for the applicant to compel the Honorable Attorney General of the Federation to perform his statutory duties under the Freedom of Information Act 2011, particularly in respect of monitoring, enforcing, and ensuring compliance with the provisions of the Act.
The intentional denial of access to public records is a criminal conduct upon which the Honorable Attorney General of the Federation can charge the 1st and 2nd Respondents to court.
With leave now granted by Justice A.T. Mohammed, the applicant will proceed to serve the substantive Motion on Notice on the Honorable Attorney General of the Federation, Dr. Ayibatonye Owei and Avondale Services Ltd for the substantive hearing of the matter.
The case has been adjourned to 15th June 2026 for hearing of the substantive suit.
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