Court in Abuja
The Federal High Court sitting in Abuja has granted
leave to the Socio-Economic Rights and Accountability Project
(SERAP) and the Human and Environmental Development Agenda Resource
Centre to sue the Central Bank of Nigeria for failing to disclose
detailed information on COVID donations requested from it in July
this year.
Justice Inyang Ekwo granted the order following an ex parte
application moved on Monday by the two applicants’ counsel, Joel
Ekong.
The judge also ordered the applicants to file their substantive
suit within seven days and serve same on the CBN within seven days
after the filing.
He directed the CBN to file their response to the suit within 30
days of being served by the applicants.
In their exparte application, the applicants noted that it was
reported that “about N15bn in monetary contributions, is currently
in the account set up under the Private Sector Coalition Against
COVID19 (CACOVID) and domiciled with the respondent”.
They, however, stated that they were “seriously concerned” that
despite the donations, “the larger proportion of Nigerians,
including the poorest and the most vulnerable people, have not
benefitted, up till now, from the Federal Government and private
sectors announced palliatives, donations, cash payments, cash
transfers and other benefits”.
The applicants stated that they had, in line with the provisions
of the Freedom of Information Act, 2011, requested information on
the COVID donations via their letter dated July 29, 2020 and
delivered to the CBN on August 8, 2020, as well as their
reminder letter dated September 30, 2020 and delivered to the apex
bank on October 2, 2020, all to no avail.
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The applicants stated that they had quested, among other things,
a comprehensive breakdown of financial donations received towards
responding to the emergence of COVID 19 till date.
They also asked for dtailed list of the names of the donors –
individual, corporate and international organisations, sources of
the donations and the amount contributed by each of the individuals
and corporate bodies.
They also asked the apex bank to provides the dates of every
donation received by the CBN.
Their affidavit added, “That since the receipt of the two
letters by the respondent and up till the time of filing of this
suit, the respondent have so far failed, refused to grant the
Applicants’ requests for information.
‘That this application, in accordance with the law and the rules
of this honourable court, is seeking the leave of court to compel
the respondent to urgently provide information sought by the
applicants via its letter.
“That this suit is brought by the Applicants on major public
concerns as it bothers on issue of national interest, public
welfare, public interest, human rights, social justice, good
governance, probity, transparency and accountability.”
The court in its ruling granted leave to the applicants to apply
for judicial review and to seek an order declaring that the failure
of the respondent to publish and provide comprehensive details of
financial donations received towards responding to the emergence of
COVID-19 till date, among others, was a breach of their right under
the Freedom.of Information Act and African Charter on Human and
People’s Rights.