The Court of Appeal in Abuja has ordered the Central Bank of Nigeria (CBN) to disclose full details of subsidised foreign exchange allocated to Nigerian pilgrims for Hajj between 2016 and 2020.
A three-member panel of Justices Usman Musale, Boloukuromo Ugo and Mohammed Danjuma dismissed the apex bank’s appeal and upheld a 2023 judgment of the Federal High Court, which had directed the release of the information to the Human and Environmental Development Agenda (HEDA Resource Centre).
Delivering the lead judgment, Justice Musale held that the CBN, being a public institution, had no legal justification to withhold such information. He ruled that the Freedom of Information Act compels disclosure of public records.
“I am in agreement with the lower court that the appellant, as a public institution, has a duty under the FOI Act to provide the details of the information requested by the respondent. The failure is a breach of the intendment of the FOI Act and unlawful. For these reasons, the appeal fails and the same is dismissed,” Musale declared.
The appellate court not only affirmed the lower court’s order but also directed the CBN to pay N500,000 as costs to HEDA.
The case originated in 2020 when HEDA, invoking the FOI Act, demanded a breakdown of the CBN’s subsidised forex interventions, including allocations to pilgrims for Hajj, sectoral disbursements and lists of beneficiaries. Justice Mobolaji Olajuwon of the Federal High Court had granted the request, but the apex bank challenged the verdict, arguing that HEDA lacked locus standi, the court lacked jurisdiction, and that the FOI Act was wrongly invoked.
The CBN further claimed that no records existed on subsidised forex for pilgrims during the disputed period. However, the appellate court rejected these submissions, stressing that transparency in the handling of public resources is of overriding national interest.
The court also clarified that under Section 20 of the FOI Act, any person denied access to public information has the right to seek judicial redress, adding that the FOI Act overrides any conflicting provision of the Evidence Act.
Reacting to the ruling, HEDA Chairman, Olanrewaju Suraju, hailed the decision as a landmark victory for accountability.
“This judgment is not just for HEDA but for all Nigerians who believe in transparency and accountability. It reinforces citizens’ right to demand and obtain public information, especially when it involves public funds and subsidies,” Suraju said.
He added, “It sends a clear signal to institutions that secrecy has no place in a democracy and that public resources must be managed in the light of accountability.”
