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Wednesday, 15 October 2014

SERAP drags CBN to court over failure to expose Boko Haram

Mr Godwin Emefiele answering questions during his screening by the Senate for Central Bank Governorship in Abuja on Wednesday
The Central Bank of Nigeria, CBN, has been dragged before a Federal High Court sitting in Lagos over its alleged failure to expose those involved in alleged money laundering to fund the dread Boko Haram terrorist group.

In an originating summon filed by  Socio-Economic Rights and Accountability Project (SERAP)  with suit number FHC/L/CS/1547/2014, the group was asking for a declaration that by virtue of the provisions of Section 4 (a) of the Freedom of Information Act 2011, the Defendant is under a binding legal obligation to provide the Plaintiff with up to date information  relating to those involve in the alleged money laundering.

Counsel to SERAP, Tokunbo Mumuni, submitted that the body had written to the apex bank, requesting for information regarding the person or persons involved in the money laundering to fund Boko Haram insurgents.

SERAP submitted 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.

“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,” the organization also argued.

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. The Defendant will not suffer any injury or prejudice if the information is released to the Plaintiff.”

No date has been fixed for the hearing of the application.
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