Court: E-IDCOT not exempt from Freedom of Info Act

Stephon Nicholas 

The High Court has determined that the Eco-Industrial Development Company of Tobago (E-IDCOT) is not exempt from the Freedom of Information Act (FOIA). 

In a May 21 ruling by Justice Marissa Robertson, the court said special-purpose companies created by the Tobago House of Assembly (THA) to carry out public functions are subject to lawful scrutiny, despite being incorporated as a limited-liability company. 

The Court found that E-IDCOT, which is owned, controlled, and funded by the THA, has transparency and accountability obligations. 

The ruling followed E-IDCOT’s refusal to disclose information to claimant Stephon Isaac surrounding the management and operation of Manta Lodge Hotel and Dive Centre in Speyside, including matters related to procurement evaluations, contractual arrangements, and a franchise agreement involving Choice Hotels International Inc. 

The court ordered E-IDCOT to reconsider the request for information related to the franchise agreement in accordance with section 35 of the FOIA, “including the required balancing exercise before any determination on disclosure is made.” 

The Court further directed E-IDCOT to notify the claimant of its decision within 28 days of the order.  

E-IDCOT was ordered to pay 80 per cent of the claimant’s legal costs. 

In a media release, the court said the judgment is expected to have significant implications for other THA-owned special-purpose companies and publicly funded corporate entities operating in Tobago, particularly in relation to compliance with transparency and accountability laws. It said the ruling reinforces the principle that public money, public functions, and public control must attract public accountability and that corporate structures cannot be used to avoid lawful scrutiny under the act. 

The issue was first raised by former minority leader Kelvon Morris who had threatened legal action after the company failed to disclose information about the hotel. 

Isaac was represented by Christophe Rodriguez and Thane Pierre, who were instructed by Adam Fernandez, while Kiel Taklalsingh and Stephan Ramkissoon, instructed by Kristy Mohan, represented E-IDCOT.