Justice AA Adeleye of Ekiti State High Court has ordered Hon Tony Kehinde Adaramodu who is a member representing Ekiti South West Constituency 1, Ekiti State House of Assembly and Hon Richard Apolola, chairman, Ekiti South West Local Government Area of Ekiti State, to furnish Mr Adekunle Esan, a native of Ilawe Ekiti and former governorship aspirant of the ruling APC, all information concerning the cash allocated and disbursed to them as public officers.
Esan (popularly known as Lele) of Ward 6, Ilawe-Ekit, had approached the court seeking the enforcement of his fundamental right to access information on the total cash allocated to the two public officers under the Freedom of Information Act of Ekiti 2011 after a letter he wrote on August 5th, 2025 seeking the information had largely been ignored.
In his ruling delivered on June 24, 2026, the learned judge held that the refusal or neglect of the two respondents to furnish the applicant, Mr Esan, with the information requested was illegal.
The judge ruled: “In the circumstance, it is hereby declared that the applicant is entitled to access from the respondents being respectively elected chairman of Ekiti South West Local Government Area of Ekiti State and member of House of Assembly for Ekiti Constituency 1 (a) their scorecards as elected public officers (b) comprehensive report of all budgetary sums allocated to Ekiti South West Local Government Area and Ekiti South West Constituency 1 cum sums allocated and disbursed as constituency projects and administrative and other information as requested in the applicant’s letters to the 1st and 2nd respondents respectively dated 5th Aug 2025.
“It is hereby declared that the respondent’s failure, refusal and/or neglect to provide the requested information in the letters dated 5th August 2021 within the statutory period is unlawful, illegal, and a violation of the applicant’s right to access public info under the Freedom Of Information Law 2011.
“It is ordered that the respondents being respectively chairman of Ekiti South West Local Government Area of Ekiti State and member of the House of Assembly representing Ekiti South West Constituency 1 shall provide forthwith (a) their scorscards as elected public officers, (b) comprehensive reports of all budgetary sums allocated to Ekiti South West Local Government Area and Ekiti South West constituency 1 cum sums allocated and disbursed as constituency projects and administrative and other information as requested in the applicant’s letters to the 1st and 2nd respondents respectively dated 5th August 2025.”
Esan had said he approached the court after the respondents allegedly ignored his Freedom of Information (FoI) requests seeking explanations on how public funds allocated to the area were utilized under their custody.
In the originating summons, Esan had asked the court to determine whether the respondents had violated his right to access public records under Chapter IV of the 1999 Constitution (as amended) and the 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 all budgetary sums allocated and disbursed as constituency projects?” the applicant queried.
In an affidavit deposed in support of the suit, Esan stated: “I am a former governorship aspirant in Ekiti State, a voter and an indigene of Ekiti South West Local Government Area, with an unwavering passion, zeal and commitment to the growth and development of Ekiti State and Nigeria.”
He alleged that respondents have not provided able representation to constituents at the National Assembly particularly taking into consideration the conditions of public infrastructure, security architecture, living conditions and abject state of things in the Senatorial District and Federal Constituency.
“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.
According to him: “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.”
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 time frame 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 learned judge however declined to grant the requested damage sought by the plaintiff.
“No damages awarded. Parties to bear their respective cost,” the learned judge ruled.
