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 FOI: CBN fails to block suit requesting information on Nigeria’s demonetized coins   

Federal High Court, REA

The Central Bank of Nigeria (CBN) on Friday failed to convince the Court of Appeal in Abuja to dismiss a case seeking judicial review of records of total demonetized coins between 2017 and 2020.

The appeal, which the CBN opposed, was filed by a public interest civil society organization, Lawyers Network Against Corruption Ltd/GTE.

A three-man panel of the Court of Appeal overturned the Federal High Court’s judgment, which had previously struck out the applicant’s suit on the grounds of incompetence and failure to obtain leave to commence the suit.

What Transpired at the Court of Appeal   

The information sought included:   

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“It is mandatory under the Freedom of Information Act for the CBN to provide the requested information within seven days. However, the respondent failed to respond to the applicant’s request or grant access to the information sought,” he said.   

 CBN Reacts   

“The case constitutes an abuse of the court process, as it has been improperly used to vex, annoy, and embarrass the apex bank,” he added.   

What the Court of Appeal Said   

Delivering judgment on the appeal, Justice Abang disagreed with the CBN and upheld the appellant’s argument that, under the Freedom of Information Act and in the instant case, the appellant does not require prior leave before applying for judicial review of a competent institution’s decision to withhold requested information.

“There is no condition precedent for the appellant to fulfill before applying to the court for judicial review of an institution’s decision refusing to release information,” he said.   

Justice Abang added that imposing a requirement for prior leave would mean subjecting the appellant to a burden the statute had expressly removed.

He held that the lower court erred in striking out the suit.

“I find merit in this appeal, and the same is allowed. I also set aside the decision of the trial court,” Justice Abang held. 

He referred the matter to the Chief Judge of the Federal High Court for reassignment to another judge.

What You Should Know   

 

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