Two civil society groups, Socio-Economic Rights and Accountability Project (SERAP) and Women Advocates Research and Documentation Center (WARDC) have sued the governor of the Central Bank of Nigeria, Mr Sanusi Lamido over “alleged failure to release information and documents on the authorization by the CBN of over N1.26 trillion as subsidy for 2011.”
The suit number FHC/IK/CS/23//2012 filed last Thursday at the Federal High Court Ikeja followed a Freedom of Information request by SERAP to Mr Sanusi dated 15 January 2012.
Also joined as party to the suit is the Minister of Justice and Attorney General of the Federation Mr Muhammed Adoke.
The motion exparte with suit number was brought pursuant to section 20 of the Freedom of Information Act, and Order 34 of the Federal High Court (Civil Procedure) Rules, 2009, and signed by the organization’s Staff Attorney Chinyere Nwafor.
The plaintiff is arguing that under the FOI Act, it has the right to request for or gain access to information which is in the custody or possession of any public official, agency or institution.
The information being sought relates to the spending on fuel ‘subsidy’ in 2011 and in particular the authorization of the sum of N1.26 trillion paid by the Central Bank of Nigeria.
The groups said that, “Since the 1st Defendant has failed to provide the information requested by the Plaintiffs, within the time limit stipulated by the FOI Act, it is therefore submitted that he has, by that very fact, refused to give the Plaintiffs access to the information requested for. Furthermore, the power or discretion to refuse to give access to information requested for cannot be exercised in vacuo. Such a power or discretion must be provided for by the FOI Act itself.”
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