Court Fines AEDC N500,000 for Withholding Information

A Federal High Court sitting in Abuja has ordered the Abuja Electricity Distribution Company (AEDC) to pay a fine of N500,000 for refusing to release information requested under the Freedom of Information (FoI) Act, 2011.

Justice Gladys Olotu, delivering judgment, held that AEDC acted unlawfully and unconstitutionally by failing to provide lawyer Festus Onifade and the Coalition of Nigeria Consumers with information they requested on January 18, 2023. The court further ordered the company to release the requested information within seven days.

Onifade, who filed the case on behalf of himself and the group, argued that AEDC qualifies as a public institution under Section 2(7) of the FoI Act because the Federal Government holds a 40 percent stake in the company, while the remaining 60 percent is owned by a private entity. He contended that AEDC is subject to public accountability since it is licensed by the government to distribute electricity.

Justice Olotu agreed, ruling that AEDC falls under the category of institutions obligated to comply with the FoI Act. The court rejected AEDC’s argument that it was not bound by the Act or that the request had not been formally denied.

However, more than a month after the judgment, Onifade told NAN that AEDC had yet to release the information or pay the fine. He said the company has not appealed the decision or sought a stay of execution.

“As it stands now, they are in contempt of the court judgment,” he said.