The Court of Appeal in Abuja has overturned a Federal High Court ruling that dismissed a suit against the Central Bank of Nigeria (CBN) for failing to respond to a Freedom of Information (FOI) request. This judgment represents a significant step forward in enforcing transparency under the FOI Act, 2021.
The case, filed by Lawyers Network Against Corruption Ltd/GTE through their counsel, Ezenwa Adumnu, challenged the Federal High Court’s May 26, 2023, decision to strike out their suit against the CBN. The group had requested details of the physical stocks of demonetized coins available on March 17, 2017, and July 8, 2020, which the CBN declined to provide.
No Precondition for Judicial Review Under FOI Act
In delivering the unanimous verdict, Justice Okon Abang, on behalf of the three-member panel of appellate judges, emphasized that Section 21 of the FOI Act does not require prior legal steps before seeking judicial review. He noted, “The appellant does not require prior leave to apply for judicial review when an institution like the CBN refuses to release requested information.”
Justice Abang further explained that the FOI Act ensures no unnecessary delays or procedural barriers impede applications for judicial review. By design, the Act removes obstacles that could hinder prompt access to justice, particularly when a public institution fails to honor FOI requests.
Key Takeaways from the Judgment
- Unlawful Denial by the CBN: The court ruled that the CBN’s refusal to provide records of demonetized coins contravened the FOI Act.
- Automatic Access to Courts: Applicants under the FOI Act have automatic access to legal recourse without preconditions, ensuring they meet the 30-day deadline for judicial review stipulated by Section 20.
- Error by the Trial Court: The Federal High Court’s decision to strike out the suit was deemed an error, prompting the appeal court to refer the case back to the Chief Judge for reassignment to another judge.
Championing Transparency and Accountability
This judgment reinforces the FOI Act’s role in promoting transparency and holding public institutions accountable. Justice Abang underscored that bottlenecks should not delay the legal process, aligning with lawmakers’ intentions to ensure timely resolution of FOI-related disputes.
For individuals and organizations seeking public information, this ruling offers hope for a streamlined process, reaffirming the judiciary’s role in upholding citizens’ rights to information.
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