The Court of Appeal sitting in Abuja has delivered two landmark judgments affirming citizens’ right to access public information, dismissing separate appeals filed by the Central Bank of Nigeria (CBN) and ordering it to release details of its settlement with MTN Nigeria as well as records of subsidised foreign exchange granted to pilgrims between 2016 and 2020.
In both unanimous decisions delivered by Justices Usman Alhaji Musale, Boloukuromo M. Ugo, and Mohammed A. Danjuma, the appellate court upheld earlier rulings of the Federal High Court and awarded N500,000 costs against the apex bank in favour of the Human and Environmental Development Agenda (HEDA Resource Centre), which initiated the cases under the Freedom of Information (FOI) Act.
The first case stemmed from HEDA’s 2021 request that the CBN disclose details of its out-of-court settlement with MTN Nigeria after the government accused the telecoms giant of illegally repatriating $8.1 billion in violation of forex regulations.
Justice J.K. Omotosho of the Federal High Court had in January 2024 ordered the apex bank to release comprehensive information, including the initial fine imposed, the final amount paid, the basis of the sanction, concessions granted, and the procedure for granting them. Dissatisfied, the CBN appealed, arguing that the lower court lacked jurisdiction, that the case was an abuse of process, and that its right to a fair hearing had been breached.
It also raised issues about the interpretation of the FOI Act and the Evidence Act. The Court of Appeal rejected all the arguments, ruling that under Section 1(2) of the FOI Act, applicants need not demonstrate a specific legal interest to seek information.
It held that once a request is denied, the burden lies on the public institution to justify the refusal. The court described the CBN’s failure to comply as unlawful and a breach of the FOI Act’s intent.
In the second case, HEDA sought details of subsidised forex allocations granted to pilgrims and other beneficiaries between 2016 and 2020. In May 2023, Justice Mobolaji O. Olajuwon of the Federal High Court directed the CBN to release the requested records, including breakdowns of disbursements, sector-by-sector allocations, and lists of beneficiaries.
The CBN challenged the decision, claiming that the suit was statute-barred, that no such records existed, and that the FOI Act had been misapplied.
The Court of Appeal dismissed these claims, ruling that transparency and accountability are matters of overriding public interest. It also affirmed the supremacy of the FOI Act over conflicting provisions of the Evidence Act, noting that Section 22 of the FOI Act grants it overriding authority.