Recall that ENetSuD had sued FMARD on April 10, 2019 for its
failure to respond to the Freedom of Information request on how public funds it
received for the execution of 2017 constituency projects in Kwara State were
spent.
ENetSuD's ex-parte motion had earlier been granted by the
court on May 27, 2019 when hearing of its application came up.
In the notice of preliminary objection by FMARD signed by
its counsel, Odoeme N.V., dated September 17, 2019 and served on ENetSuD, FMARD
prayed for ENetSuD's suit to be dismissed, insisting that the court lacks
jurisdiction and competence to hear and determine the suit.
The ground of the objections raised was that FMARD is not a
juristic person known to any law in Nigeria and cannot sue and be sued and that
the court lacks the jurisdiction to entertain the suit against it.
FMARD also argued in its written address that the ministry
is not a legal entity, hence does not exist in the eye of the law.
In the counter-affidavit from ENetSuD's counsel (Luqman
Raji, Esq) deposed by his litigation clerk, ENetSuD insisted that FMARD is one
of the Federal Government's institutions that can sue and be sued in the eye of
the law.
ENetSuD added that its application disclosed a cause of
action against FMARD, and that the court has the jurisdiction to entertain
ENetSuD's application.
ENetSuD prayed the court to dismiss the preliminary
objection of FMARD.
However, when the suit came up for hearing on Tuesday at
Ilorin Federal High Court, the presiding judge heard FMARD's application asking
for an extension of time to oppose ENetSuD's application and order deeming the
already filed processes as properly filed and served by FMARD.
FMARD's application for extension, having not been opposed
by ENetSuD's counsel was granted as prayed.
The court adjourned the substantive application of ENetSuD
till January 31, 2020 for hearing.
The projects that FMARD failed to provide information on
were facilitated by 8th National Assembly lawmakers from Kwara State and they
include: provision of solar boreholes in various locations of Kwara Central
Senatorial District, provision of solar street lights in various locations of
Ilorin West LGA, provision of solar street lights in various locations of
Ilorin East LGA, provision of solar street light in various locations of Ilorin
South LGA, provision of solar street lights in various location of Asa LGA,
construction of solar street lights in Omu-Aran, construction of Sheik
Agbarigidoma-Oloje in Ilorin West, construction of Ero-omo Kilanko Road in
Ilorin South, grading and rehabilitation of rural roads in Asa/Ilorin West
Federal Constituency, provision and
installation of 300KVA transformer in New GRA, Olounkuse Area in Offa LGA,
among others.
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