A Federal High Court in Abuja, presided over by Hon. Justice Z.B. Abubakar, has mandated the Central Bank of Nigeria (CBN) to furnish the Human and Environmental Development Agenda (HEDA Resource Centre) with pertinent information concerning the selection process of Bitt Inc. as the technical partner for the CBN’s E-Naira digital currency project.
The judgment, delivered in the case FHC/ABJ/CS/1542/2021 between the Incorporated Trustees of HEDA Resource Centre and the Central Bank of Nigeria, addressed a Motion on Notice dated 22nd February 2022. The motion sought a Mandamus order compelling the CBN to provide information outlined in the Applicant’s request dated 1st September 2021.
The information sought by the leading civil society organisation in the country, HEDA Resource Centre, included evidence of the newspaper advertisement calling for bidders, the list of bidders, and evidence of the public opening of bids.
In response, the CBN argued, citing Section 15(2) of the Public Procurement Act, that the bidding process for the E-Naira, involving special goods, works, and services related to national defense and security, did not require a newspaper advertisement for bidders and public opening of bids.
The Respondent further contended that divulging the requested information would be detrimental to Nigeria’s international affairs, economic interests, and national security, particularly regarding countries seeking consultation with the CBN on the implementation of the e-currency in their respective nations.
In its ruling, the Court emphasized that the CBN is a public institution or agency, as defined in Section 31 of the FoI Act, 2011. Pursuant to Section 4(a) and (b) of the FoI Act, 2011, the CBN is obligated to provide the requested information within seven days.
The Court stressed the mandatory nature of the provisions, employing the term “shall,” leaving the Respondent with no discretion but to comply. Consequently, the Court deemed the Applicant’s application meritorious and granted the sole relief sought.
