Court Orders Service of Suit against Census on Population Commission

Alex Enumah in Abuja

Justice Inyang Ekwo of the Federal High Court, Abuja, yesterday, ordered the service of a suit seeking to stop the planned national census on the National Population Commission (NPC).

Justice Ekwo made the order shortly after declining the request made by a Nigerian citizen, Mr. Ademola Omotuyi.
The applicant had in an ex parte application filed and argued by his lawyer, Victor Opatola, prayed the court for an order postponing the forthcoming census slated for May 3 to May 5, by another six months.

Omotuyi predicated his request on the grounds that the Commission was not well prepared, coupled with the issue of inadequate funds for the census exercise.
Consequent upon these, he prayed the court to declare that the NPC currently lacks effective preparation and adequate publicity towards the conduct of a credible, effective and constitutional census in the country.
He further asked for a declaration that the commission was currently underfunded and thus unprepared to conduct a credible, effective and constitutional census.

However, the judge in his ruling refused to grant the application but, rather ordered the applicant to put the defendant, the NPC on notice.
“However, on considering the motion, I am of the opinion that the defendants should be put on notice,” he held.
Justice Ekwo subsequently made an order directing the counsel to the applicant, Mr. Victor Opatola, to put the NPC on notice for the commission to appear in court and show cause why the applicant’s motion should not be granted.

He adjourned the matter until May 5 for the defendant to show cause.
Omotuyi had set out two questions for determination by the court.
“Whether by a true interpretation and construction of the 1999 Constitution and Section 6 of the National Population Commission Act, the aim, intent, importance and purpose of the 2023 Census will not be defeated for lack of adequate preparation, lack of adequate awareness and publicity and paucity of funds.

“Whether if the above is in the affirmative, it will not lead to an exacerbated undercount and inefficiency of the census purpose.”
In a related motion, the court granted an application seeking permission to apply for Judicial Review of a Freedom of Information, (FOI), request made to the NPC.
Ms. Rhoda Aransiola, who made the application on behalf of her client, Mr. Victor Opatola, said the application became necessary when the commission refused to grant the request made by her client under the FOI Act.

Justice Ekwo asked Aransiola to file the application within seven days. He adjourned the matter until May 25 for hearing.
In the application, Opatola is praying the court for an order granting him leave to apply for an order of mandamus compelling the NPC to furnish him with information concerning the forthcoming 2023 General Census.

“A comprehensive and detailed information concerning the Quality Test Assurance report on the devices and technology to be deployed by the commission towards the coming 2023 General Census until Judgment is delivered in this case within seven days of the delivery of judgment.

“An order granting leave to the

applicant to apply for an order of mandamus compelling the defendant to furnish him with comprehensive and detailed information concerning any conflict of interest in the allotment of contracts or jobs given by or to contractors towards the coming 2023 General Census until judgment is delivered in this case within seven days of the delivery of judgment.”

The applicant is also seeking an order granting him leave to apply for an order of mandamus compelling the defendant to furnish him with comprehensive and detailed information concerning Information on the funds received so far by the Commission towards the conduct of 2023 Census.

He further asked the court for a declaration that the refusal by the defendant to release the information or record requested amounted to a violation of Section 7 (1) and 4 (a) & (b) of the Freedom of Information Act and the action was illegal and unconstitutional.