Tuesday, 14 October 2014
Group Sues CBN Over Boko Haram
A human rights group in Nigeria, Socio-Economic Rights and Accountability Project, SERAP has dragged the Central Bank of Nigeria, CBN, to court over its failure to expose the alleged sponsors of the Islamist militant sect, Boko Haram.
The suit was filed today, Monday, 14 October, 2014, at the Federal High Court Ikoyi in line with a Freedom of Information request by SERAP to the CBN governor, Mr Godwin Emefiele dated 15 September, 2014, according to P.M NEWS report.
SERAP alleged that those financing Boko Haram insurgents are laundering money through the CBN to fund their activities.
The originating summons with suit number FHC/L/CS/1547/2014 was filed on behalf of the organization by Adetokunbo Mumuni, the report stated.
According to the suit, SERAP argued that “a necessary implication of the rule of law is that a public functionary and institution can only act in accordance with law, as to do otherwise may enthrone arbitrariness.
“Obedience to the rule of law by all citizens but more particularly those who publicly took oath of office to protect and preserve the constitution is a desideratum to good governance.
“In a democratic society, this is meant to be a norm; it is an apostasy for public institutions like the CBN to ignore the provisions of the law.”
The group also argued that, “CBN has so far failed, refused and/or neglected to provide the Plaintiff with the details of the information requested.
“By virtue of Section 1(1) of the FOI Act 2011, the Plaintiff is entitled as of right to request for or gain access to information which is in the custody or possession of any public official, agency or institution.
“By the provisions of Section 2(7) and 31 of the FOI Act 2011, the Defendant is a public institution.”
SERAP added that: “by virtue of Section 4 (a) of the FOI Act when a person makes a request for information from a public official, institution or agency, the public official, institution or agency to whom the application is directed is under a binding legal obligation to provide the Plaintiff with the information requested for, except as otherwise provided by the Act, within 7 days after the application is received.
“The information requested for by the Plaintiff does not come within the purview of the types of information exempted from disclosure by the provisions of the FOI Act.”
According to the organization, “The information requested for, apart from not being exempted from disclosure under the FOI Act, bothers on an issue of National interest, public peace and security, public concern, social justice, good governance, transparency and accountability.
It added that the Defendant (CBN) will not suffer any injury or prejudice if the information is released to the Plaintiff.
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