Account For COVID-19 Donations – Court Tells CBN, Emefiele
BY EDMOND ODOK – The Federal High Court sitting in Abuja, the Federal Capital Territory (FCT) has granted approval to hear a suit seeking to apply for judicial review and order of mandamus to compel the Governor of Central Bank of Nigeria (CBN), Godwin Emefiele, to provide detailed information on the financial donations towards addressing the Coronavirus (COVID-19) pandemic challenges in the country.
Justice Inyang Ekwo gave the ruling on Monday, November 30, in a suit filed by Socio-Economic Rights and Accountability Project (SERAP) and Heda Resource Centre as 1st and 2nd applicants respectively.
Concerned by the seeming opaqueness that surrounds the management of CACOVID mobilized funds, SERAP and Heda had approached the Court to demand openness and transparency in all the financial processes and transactions.
In an ex-parte motion registered as: FHC/ABJ/CS/1456/2020, the both organizations listed Emefiele as sole respondent in the suit.
Justice Ekwo therefore granted their plea seeking an order; declaring that the failure of CBN to provide the plaintiff with information on the sources of the donations; how they are being applied, among others, amounted to a violation of the applicant’s rights under the Freedom of Information Act (FOI) and the African Chatter on Human and People’s Rights.
He ordered the applicant to file, within seven days, a formal application for the orders sought; which must also be served on the respondent within seven days.
Similarly, Justice Ekwo ordered that upon being served, the respondent should file its response within 30 days.
In a supporting affidavit, the applicants said they sought “an order; declaring that the failure of the respondent to publish and provide comprehensive details of financial donations received towards responding to the emergence of COVID-19 til date; detailed list of the names of the donors (individual, corporate and international organisations), sources of the donations and the amount contributed by each of the individuals and corporate bodies, as well as the dates each donation were received by the CBN constitutes a breach of the applicants’ rights under the Freedom of Information Act, 2011 and the African Charter on Human and Peoples’ Rights.”
Furthermore, they stated that their recourse to the court was informed by Emefiele’s refusal to provide the information; as sought in its letters dated July 29 and September 30, 2020
“It is widely reported that about N15 billion in monetary contributions, is currently in the account set up; under the Private Sector Coalition Against COVID-19 (CACOVID) and also domiciled with the respondent.
“The applicant is seriously concerned that the larger proportion of Nigerians; including the poorest and the most vulnerable people have not benefited, up till now; from the Federal Government and private sectors announced palliatives; donations; cash payments; cash transfers as well as other benefits.
“The interest of the public in granting access to the information requested is far greater than any other interest the respondent may be trying to preserve,” the applicants said.
Writ of mandamus is a “judicial remedy in form of an order from a Court to any government; subordinate court; corporation; or public authority; to do some specific act which that body is obliged under law to do; as well as which is in the nature of public duty.”
The Coalition Against COVID-19 is a private sector-led organization in Nigeria established to assist the government in combating the Coronavirus disease in the country. It was launched on March 26, 2020, following an announcement made by the CBN Governor, Mr Godwin Emefiele. – With agency reports
