CBN - HEDA Resource Centre

HEDA Petitions CBN, Request Disclosure of Legal Fees Paid to Lawyers in P&ID Case

The Human and Environmental Development Agenda (HEDA Resource Centre) has formally written to the Governor of the Central Bank of Nigeria (CBN), Mr. Olayemi Cardoso, demanding full disclosure of legal fees paid to lawyers and law firms that represented Nigeria in the controversial Process and Industrial Developments Limited (P&ID) case. In a letter signed by HEDA’s Chairman, Olanrewaju Suraju, and addressed to the CBN Governor, the anti-corruption organization invoked the Freedom of Information (FoI) Act, 2011, requesting details of the names of lawyers and law firms engaged, as well as the exact amounts paid to them during the litigation process. HEDA, in its petition, emphasized that the request aligns with its mandate to promote public accountability, transparency, and good governance in Nigeria. The organization noted that while the case between Nigeria and P&ID heard at the Commercial Court of the High Court of England (Claim No: CL-2019-000752) was ongoing, the CBN facilitated payments to legal representatives on behalf of the Nigerian government. According to Suraju, “The public has a right to know how much was expended from national resources on legal representation in the P&ID case. Transparency in this regard is crucial for accountability, as it will help Nigerians understand the financial implications of international trade disputes involving the country.” HEDA further stated that the request also forms part of a research initiative the organization is conducting on the cost of trade disputes between states and private enterprises, adding that the P&ID case remains a vital reference point for such a study. The civil society organization urged the CBN to provide the requested information within seven (7) days in line with the provisions of the Freedom of Information Act, 2011.

March 11, 2026March 11, 2026 By Nurudeen Salako 0

HEDA News

Appeal Court in another FoI case Upholds HEDA’s Victory, Orders CBN to Release Pilgrims’ Subsidized Forex Details

The Court of Appeal sitting in Abuja in another landmark judgment has dismissed an appeal filed by the Central Bank of Nigeria (CBN) against a Federal High Court judgment compelling it to release information requested by the Human and Environmental Development Agenda (HEDA Resource Centre) on subsidized exchange rates granted to pilgrims between 2016 and 2020. In a unanimous decision delivered by Justices Usman Alhaji Musale, Boloukuromo M. Ugo, and Mohammed A. Danjuma, the appellate court upheld the ruling of Justice Mobolaji O. Olajuwon of the Federal High Court, Abuja, which on May 3, 2023, directed the apex bank to provide the requested details. The court further awarded N500,000 in costs against the CBN in favour of HEDA. The case began in 2020 when HEDA, acting under the Freedom of Information (FOI) Act, requested that the CBN disclose a comprehensive breakdown of the subsidized forex schemes it administered. The request covered the amounts disbursed under each scheme, sector-by-sector allocations, and the list of beneficiaries, including those under the foreign exchange intervention scheme. The Federal High Court granted HEDA’s request and ordered the release of the information. Dissatisfied, the CBN appealed, arguing that the suit was statute-barred, that the lower court lacked jurisdiction, and that the FOI Act had been wrongly applied. It also claimed that no records existed on the pilgrims’ subsidized exchange rate. The bank further maintained that the trial court misinterpreted sections of the FOI Act. The Court of Appeal rejected all these arguments. It ruled that transparency and accountability are matters of overriding public interest and clarified that under Section 20 of the FOI Act, an applicant denied access to information may approach the court for review within 30 days—or within such extended period as the court may allow, citing Order 34 Rule 3 of the Federal High Court Rules. The court also dismissed the CBN’s reliance on technicalities, stressing that the discretion to grant leave for judicial review lies with the court, not the applicant. On the issue of evidence, the appellate court affirmed the supremacy of the FOI Act over conflicting provisions of Section 104 of the Evidence Act, noting that Section 22 of the FOI Act expressly asserts its overriding authority. Reacting to the judgment, HEDA’s Chairman, Olanrewaju Suraju, described the decision as a landmark victory for transparency and accountability in Nigeria. He noted that the ruling reinforces citizens’ right to demand and obtain public information, especially in cases involving public funds and subsidies. “This judgment is not just for HEDA but for all Nigerians who believe in openness in governance. It sends a clear signal to institutions that secrecy has no place in a democracy and that public resources must be managed in the light of accountability,” Suraju said.

September 17, 2025September 17, 2025 By heda

HEDA News

CBN Loses Appeal as HEDA Secures Order on MTN Fine Settlement Details

The Court of Appeal sitting in Abuja has dismissed the appeal filed by the Central Bank of Nigeria (CBN) challenging a Federal High Court judgment that ordered it to release information requested by the Human and Environmental Development Agenda (HEDA Resource Centre) concerning its settlement with MTN Nigeria over allegations of improper repatriation of funds. In a unanimous decision delivered by Justices Osman Alhaji Musale, Boloukuromo M. Ugo, and Mohammed A. Danjuma, the appellate court upheld the earlier ruling of Justice J.K. Omotosho of the Federal High Court, Abuja, which on January 10, 2024, directed the CBN to provide details of the settlement with MTN. The court further awarded the sum of N500,000 as costs against the apex bank in favour of HEDA. The dispute traces back to 2021 when HEDA, invoking the Freedom of Information Act, demanded that the CBN disclose the details of its resolution with MTN Nigeria after the government accused the telecommunications company of illegally repatriating $8.1 billion in violation of foreign exchange regulations. While MTN eventually reached an out-of-court settlement with the Federal Government, the terms of the agreement were never made public, prompting HEDA to approach the courts to compel disclosure. The Federal High Court had ordered the apex bank to release comprehensive details of the transaction, including the initial fine imposed on MTN, the final amount paid, the basis for the initial sanction, any concessions that resulted in a reduction of the fine, and the procedure through which such concessions were granted. Dissatisfied with the judgment, the CBN filed an appeal, contending that the lower court lacked jurisdiction, that the case constituted an abuse of court process, and that its right to fair hearing was violated. The bank also raised issues regarding the interpretation of Section 30 of the Freedom of Information Act and Section 104 of the Evidence Act, 2011. The Court of Appeal rejected all these arguments, holding that under Section 1(2) of the FOI Act, an applicant does not need to demonstrate any specific legal interest before seeking information from a public institution. The justices ruled that once a request is denied, the burden rests on the public institution to justify its refusal. They further criticised the CBN for attempting to divert HEDA to other institutions such as the National Library and the Federal High Court, noting that Section 5(1) of the FOI Act requires a public body that does not hold the requested information but knows where it is located to transfer the request accordingly and notify the applicant, a duty the apex bank failed to discharge. In its judgment, the Court of Appeal declared that the CBN, being a public institution, was bound by law to provide the information requested by HEDA. It described the bank’s failure to comply with the FOI request as unlawful and a breach of the intent of the legislation. Consequently, the appellate court affirmed in its entirety the decision of the lower court and ordered the CBN to pay N500,000 in costs to HEDA. The ruling, according to HEDA’s Chairman, Olanrewaju Suraju, not only compels the Central Bank of Nigeria to release the long-sought details of its settlement with MTN Nigeria but also strengthens the enforcement of the Freedom of Information Act, reinforcing the principle that public institutions must uphold transparency and accountability in their dealings.

September 17, 2025September 17, 2025 By heda