The Court of Appeal in Abuja has overturned a Federal High Court Judgement that dismissed a Freedom of Information (FOI) lawsuit against the Central Bank of Nigeria (CBN) on procedural grounds.
In a unanimous judgement on Friday, a three-member panel of the Court of Appeal ruled that statutory laws take precedence over court procedural rules in FOI cases, emphasising the law’s intent to facilitate access to public information.
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A member of the panel of the appellate court, Okon Abang, delivered the lead judgement on the appeal filed by the appellant, Lawyers Network Against Corruption (LAWNAC).
Mr Abang held that contrary to the lower court’s decision, the appellant was not required to seek the leave of court before filing for judicial review.
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He reversed the lower court’s decision dismissing the case for lack of leave, and affirmed the appellant’s right to directly approach the court under the FOI Act.
“My Lords, after carefully considering the arguments and statutory provisions cited by both parties, I am of the view that the appellant is not required to obtain prior leave before applying for judicial review under the Freedom of Information Act,” Mr Abang ruled.
The court further clarified that Section 21 of the FOI Act provides for summary hearing, implying that procedural barriers such as the requirement for leave should not hinder applicants.
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Mr Abang explained that such a requirement could prevent applicants from filing within the strict 30-day window stipulated under Section 20 of the Act.
“The intention of the legislature is to ensure that access to information is not delayed by technicalities,” the court ruled.
“Therefore, I hold that the appellant’s suit is competent, and the requirement to obtain leave does not apply in Freedom of Information Act cases.”
The court subsequently set aside the Federal High Court’s decision and asked the Chief Judge of the Federal High Court to reassign the case to another judge.
How it started
LAWNAC through its lawyer, Ezenwa Anumnu, had sued the CBN at the trial court, seeking access to records of demonetised coins as of 17 March 2017 and 8 July 2020 under the FOI Act.
The organisation requested, among others, records of the total demonetised coins as of the specified dates, details of their distribution or disposal, if applicable, and relevant correspondence regarding the demonetisation.
CBN’s defence
The CBN, represented by Emeka Etiaba, a Senior Advocate of Nigeria (SAN), argued that LAWNAC violated Order 34, Rule 3(1) of the Federal High Court Civil Procedure Rules, which mandates prior leave for judicial review applications.
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The Federal High Court upheld Mr Etiaba’s case, dismissing LAWNAC’s suit marked FHC/ABJ/CS/414/2021, by ruling that the applicant had failed to comply with procedural requirements by not obtaining prior leave before initiating judicial review proceedings.
On appeal, CBN argued that the appellant had breached procedural deadlines by filing its brief outside the 45-day limit stipulated in the Court of Appeal Rules.
It urged the appellate court to dismiss the case, citing precedents that affirm the mandatory nature of procedural rules.
However, the Court of Appeal ruled on Friday that the FOI Act’s provisions override procedural rules, emphasising the need to prioritise public access to information over technicalities.
Many Nigerians especially journalists have been denied access to information by government institutions, emphasising citing various reasons, or simply ignored the requests.
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