CBN has failed to dam the FOI swimsuit requesting info on Nigeria’s demonetized cash.
PoliticalNews Nigeria stories that the Central {Bank} of Nigeria (CBN) on Friday did not persuade the Courtroom of Attraction in Abuja to dismiss a case looking for judicial evaluate of information of complete demonetized cash between 2017 and 2020.
The enchantment, which the CBN opposed, was filed by a public curiosity civil society group, Attorneys Community In opposition to Corruption Ltd/GTE.
A 3-man panel of the Courtroom of Attraction overturned the Federal Excessive Courtroom’s judgment, which had beforehand struck out the applicant’s swimsuit on the grounds of incompetence and failure to acquire depart to begin the swimsuit.
What Transpired on the Courtroom of Attraction
- The group’s lawyer, Mr. Ezenwa Adumnu, informed the Courtroom of Attraction that he had requested the decrease court docket to declare that the applicant was entitled to be furnished with information of the bodily inventory of demonetized cash as of March 17, 2017, and July 8, 2020.
- He additionally sought an order for judicial evaluate compelling the CBN to supply the requested info below Sections 1 and a pair of of the Freedom of Data Act, 2011.
The data sought included:
- A report of complete demonetized cash as of March 17, 2017.
- Data exhibiting complete demonetized cash as of July 2020.
- Particulars of distribution or disposal of the cash and the beneficiaries.
- Every other related correspondences.
- Adumnu argued that the CBN had made a public invitation in The Guardian newspaper in July 2016 for the sale of demonetized cash.
- Pursuant to this, the appellant requested info below the Freedom of Data Act on March 10, 2021, looking for particulars of the bodily inventory of the cash as of the date of publication and their distribution.
“It’s obligatory below the Freedom of Data Act for the CBN to supply the requested info inside seven days. Nonetheless, the respondent failed to answer the applicant’s request or grant entry to the knowledge sought,” he mentioned.
- Adumnu additional defined that he approached the trial court docket for a number of orders, however the decrease court docket declined to entertain the swimsuit and struck it out for incompetence.
- He urged the Courtroom of Attraction to put aside the decrease court docket’s choice.
CBN Reacts
- Opposing the enchantment, CBN’s lawyer, Emeka Etiaba SAN, argued that it was inappropriate for the appellant to redefine the process for judicial evaluate functions with out regard for the established guidelines of the trial court docket.
- He submitted that the failure of the appellant to hunt depart from the trial court docket rendered the swimsuit baseless.
“The case constitutes an abuse of the court docket course of, because it has been improperly used to vex, annoy, and embarrass the apex {bank},” he added.
- He urged the Courtroom of Attraction to strike out the enchantment for incompetence or dismiss it for being an abuse of the court docket course of and missing benefit.
What the Courtroom of Attraction Stated
Delivering judgment on the enchantment, Justice Abang disagreed with the CBN and upheld the appellant’s argument that, below the Freedom of Data Act and within the instantaneous case, the appellant doesn’t require prior depart earlier than making use of for judicial evaluate of a reliable establishment’s choice to withhold requested info.
“There isn’t any situation precedent for the appellant to meet earlier than making use of to the court docket for judicial evaluate of an establishment’s choice refusing to launch info,” he mentioned.
Justice Abang added that imposing a requirement for prior depart would imply subjecting the appellant to a burden the statute had expressly eliminated.
He held that the decrease court docket erred in hanging out the swimsuit.
“I discover benefit on this enchantment, and the identical is allowed. I additionally put aside the choice of the trial court docket,” Justice Abang held.
He referred the matter to the Chief Decide of the Federal Excessive Courtroom for reassignment to a different decide.
What You Ought to Know
- The destruction of unfit banknotes in Nigeria is carried out by the CBN below strict safety, as licensed by Part 18(d) of the CBN Act, 2007.
- The Act mandates the destruction of forex notes and cash withdrawn from circulation below Part 20(3) of the Act or in any other case deemed unfit to be used by the {bank}.
- As an example, the CBN reportedly destroyed ₦698.48 million price of unfit banknotes in 2020.