Nigeria - Central Bank Governor Sued Over Subsidy Payments

Two civil society groups, Socio-Economic Rights and Accountability Project (SERAP) and Women Advocates Research and Documentation Centre (WARDC), have sued the Governor of the Central Bank of Nigeria (CBN), Malam Sanusi Lamido Sanusi, over “alleged failure to release information and documents on the authorisation by the CBN of over N1.26 trillion as subsidy for 2011.”

In the suit with the number FHC/IK/CS/23//2012 filed last week at the Federal High Court Ikeja following a Freedom of Information (FoI) request by SERAP, the groups also sued the Minister of Justice and Attorney-General of the Federation (AGF), Mr. Muhammed Adoke.

The motion exparte with the 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 organisation’s Staff Attorney, Chinyere Nwafor.

In a statement issued by SERAP Executive Director, Adetokunbo Mumuni, yesterday, the plaintiff  argued 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 sought by the groups is related to the spending on fuel ‘subsidy’ in 2011 and in particular, the authorisation of the sum of N1.26 trillion paid by the CBN.

The civil society groups declared that: “The issuance and release of the sum of N1.26 trillion above the initial sum of N250 billion allocated for fuel subsidy for 2011 without authorisation by an Act of the National Assembly to wit; a Supplementary Appropriation Act, is a breach of section 80 (2), (3) of the Constitution of the Federal Republic of Nigeria and as such is unlawful and unconstitutional.”

The groups said: “Since the 1st Defendant has failed to provide the information requested by the Plaintiffs, within the time limit stipulated by the FOI Act”, praying that the:

“Defendant/Respondent to provide the Plaintiffs/Applicants with up to date information on government/public spending relating to fuel ‘subsidy’ in 2011.” No date has been fixed for the hearing of the application.

By Sunday Okobi