The Court of Appeal sitting in Abuja has dismissed the appeal filed by the Central Bank of Nigeria (CBN) challenging a Federal High Court judgment that ordered it to release information requested by the Human and Environmental Development Agenda (HEDA Resource Centre) concerning its settlement with MTN Nigeria over allegations of improper repatriation of funds.
In a unanimous decision delivered by Justices Usman Alhaji Musale, Boloukuromo M. Ugo, and Mohammed A. Danjuma, the appellate court upheld the earlier ruling of Justice J.K. Omotosho of the Federal High Court, Abuja, which on January 10, 2024, directed the CBN to provide details of the settlement with MTN. The court further awarded the sum of N500,000 as costs against the apex bank in favour of HEDA.
The dispute traces back to 2021 when HEDA, invoking the Freedom of Information Act, demanded that the CBN disclose the details of its resolution with MTN Nigeria after the government accused the telecommunications company of illegally repatriating $8.1 billion in violation of foreign exchange regulations. While MTN eventually reached an out-of-court settlement with the Federal Government, the terms of the agreement were never made public, prompting HEDA to approach the courts to compel disclosure.
The Federal High Court had ordered the apex bank to release comprehensive details of the transaction, including the initial fine imposed on MTN, the final amount paid, the basis for the initial sanction, any concessions that resulted in a reduction of the fine, and the procedure through which such concessions were granted.
Dissatisfied with the judgment, the CBN filed an appeal, contending that the lower court lacked jurisdiction, that the case constituted an abuse of court process, and that its right to fair hearing was violated. The bank also raised issues regarding the interpretation of Section 30 of the Freedom of Information Act and Section 104 of the Evidence Act, 2011.
The Court of Appeal rejected all these arguments, holding that under Section 1(2) of the FOI Act, an applicant does not need to demonstrate any specific legal interest before seeking information from a public institution. The justices ruled that once a request is denied, the burden rests on the public institution to justify its refusal.
They further criticised the CBN for attempting to divert HEDA to other institutions such as the National Library and the Federal High Court, noting that Section 5(1) of the FOI Act requires a public body that does not hold the requested information but knows where it is located to transfer the request accordingly and notify the applicant, a duty the apex bank failed to discharge.
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In its judgment, the Court of Appeal declared that the CBN, being a public institution, was bound by law to provide the information requested by HEDA. It described the bank’s failure to comply with the FOI request as unlawful and a breach of the intent of the legislation. Consequently, the appellate court affirmed in its entirety the decision of the lower court and ordered the CBN to pay N500,000 in costs to HEDA.
The ruling, according to HEDA’s Chairman, Olanrewaju Suraju, not only compels the Central Bank of Nigeria to release the long-sought details of its settlement with MTN Nigeria but also strengthens the enforcement of the Freedom of Information Act, reinforcing the principle that public institutions must uphold transparency and accountability in their dealings.
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