… Justices Dismiss Apex Bank’s Bid To Block Disclosure
… FOI Act Gains Fresh Judicial Backing For Openness
The Court of Appeal in Abuja has ordered the Central Bank of Nigeria (CBN) to release full details of subsidised foreign exchange granted to Nigerian pilgrims between 2016 and 2020, dismissing the apex bank’s bid to block public access to the information.
In a unanimous decision delivered by Justices Usman Alhaji Musale, Boloukuromo M. Ugo, and Mohammed A. Danjuma, the appellate court upheld an earlier ruling of Justice Mobolaji Olajuwon of the Federal High Court, Abuja, delivered on May 3, 2023.
The lower court had compelled the CBN to provide the information following a suit filed by the Human and Environmental Development Agenda (HEDA Resource Centre).
The appellate panel further awarded N500,000 in costs against the apex bank in favour of HEDA, faulting the CBN for hiding under technicalities to frustrate public access to records of how taxpayers’ resources were managed.
The case began in 2020 when HEDA, relying on the Freedom of Information (FOI) Act, requested a detailed breakdown of forex subsidies administered by the CBN.
The group demanded sector-by-sector allocations, amounts disbursed, and a list of beneficiaries—particularly under the pilgrims’ foreign exchange intervention scheme.
Although the Federal High Court ruled in HEDA’s favour, the CBN challenged the judgment, arguing that the request was statute-barred, that the FOI Act had been misapplied, and that it had no record of such forex subsidies.
But in dismissing the appeal, the appellate court ruled that transparency in the management of public funds overrides all technical defences. It stressed that applicants under the FOI Act are not required to prove special interest before seeking information.
The justices further clarified that Section 22 of the FOI Act takes precedence over conflicting provisions of the Evidence Act.
They also faulted the CBN’s attempt to rely on technicalities, stating that courts have discretion to extend timelines for judicial review where public interest is at stake.
Reacting to the verdict, HEDA Chairman, Olanrewaju Suraju, described the ruling as a landmark win for accountability in Nigeria.
“This judgment is not just for HEDA but for all Nigerians who believe in openness in governance. It sends a clear message to public institutions that secrecy has no place in a democracy and that public resources must be managed in the light of accountability,” Suraju said.
The ruling comes barely days after the same appellate court dismissed another CBN appeal and ordered the bank to release details of its controversial settlement with MTN Nigeria over the alleged illegal repatriation of $8.1 billion.
In that case, the court also awarded N500,000 in costs against the bank in favour of HEDA.
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