A Federal High Court judge, Justice Inyang Ekwo has granted leave to two organisations – Socio-Economic Rights and Accountability Project (SERAP) and HEDA Resource Centre to apply for judicial review and order of mandamus to compel the Governor of Central Bank of Nigeria (CBN) to provide a comprehensive breakdown of financial donations received by Nigeria towards responding to the COVID-19 pandemic till date.
The judge also granted the applicants the go ahead to approach the court for an order declaring that the failure of the CBN to provide them with information on the sources of the donations, how they are being applied, among others, amounted to a violation of the plaintiff’s rights under the Freedom of Information Act and the African Chatter on Human and People’s Rights.
In granting the ex-parte motion, Justice Ekwo ordered the plaintiffs to file within seven days, a formal application for the orders sought, and to ensure the respondent (CBN) is served within seven days.
Justice Ekwo also ordered the CBN to file its response within 30 days of service.
The order followed an ex-parte motion filed by the Registered Trustees of Socio-Economic Rights and Accountability Project (SERAP) and HEDA Resource Centre, in a suit no: FHC/ABJ/CS/1456/2020.
The two bodies also applied for the leave of the court to compel the CBN to release detailed list of the names of the donors (individual, corporate and international organizations), sources of the donations and the amount contributed by each of the individuals and corporate bodies and provide the dates of every donation it received.
They also want the court to declare that the CBN’s failure to publish and provide comprehensive details of financial donations received towards responding to the emergence of COVID-19 till date; detailed list of the names of the donors (individual, corporate and international organizations), sources of the donations and the amount contributed by each of the individuals and corporate bodies, as well as the dates each donation were received by the CBN constitutes a breach of the applicants’ rights under the Freedom of Information Act, 2011 and the African Charter on Human and Peoples’ Rights.
In a supporting affidavit, the organisations averred that they approached the court after the CBN Governor’s failed to provide the information as sought in their letters dated July 29 and September 30, 2020.
They declared: “It is widely reported that about N15 billion in monetary contributions, is currently in the account set up under the Private Sector Coalition Against COVID19 (CACOVID) and domiciled with the respondent.”
“Seriously concerned that the larger proportion of Nigerians, including the poorest and the most vulnerable people, have not benefited, up till now, from the Federal Government and Private Sectors announced palliatives, donations, cash payments, cash transfers and other benefits.
“The interest of the public in granting access to the information requested is far greater than any other interest the respondent may be trying to preserve.”