The Court of Appeal affirmed the appellant’s right to directly approach the court under the FOI Act.
INVESTIGATION: Despite ban in several countries, ‘harmful’ weight gain product sold indiscriminately in NigeriaSPECIAL REPORT: Worksite crèches empower Nigerian women to balance careers, motherhoodINVESTIGATION: Despite ban in several countries, ‘harmful’ weight gain product sold indiscriminately in NigeriaCourt of Appeal Headquarters, Abuja,The Court of Appeal in Abuja has overturned a Federal High Court Judgement that dismissed a Freedom of Information lawsuit against...
Mr Abang held that contrary to the lower court’s decision, the appellant was not required to seek the leave of court before filing for judicial review. The court further clarified that Section 21 of the FOI Act provides for summary hearing, implying that procedural barriers such as the requirement for leave should not hinder applicants.Support journalism driven by facts, created by Nigerians for Nigerians. Our thorough, researched reporting relies on the support of readers like you.Mr Abang explained that such a requirement could prevent applicants from filing within the strict 30-day window stipulated under Section 20 of the Act.
The organisation requested, among others, records of the total demonetised coins as of the specified dates, details of their distribution or disposal, if applicable, and relevant correspondence regarding the demonetisation.The CBN, represented by Emeka Etiaba, a Senior Advocate of Nigeria , argued that LAWNAC violated Order 34, Rule 3 of the Federal High Court Civil Procedure Rules, which mandates prior leave for judicial review applications.
However, the Court of Appeal ruled on Friday that the FOI Act’s provisions override procedural rules, emphasising the need to prioritise public access to information over technicalities.
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