A Federal High Court in Lagos on Tuesday
ordered First Bank Plc to disclose details of the
loan facility it granted the Nigerian Civil Aviation
Authority for the purchase of the two
controversial bulletproof BMW cars for the
former Minister of Aviation, Stella Oduah, in
2013.
Public outcry had followed the purchase when
the information leaked that the vehicles had cost
N255m.
Justice Mohammed Yunusa in his judgment in a
suit instituted against the bank by a civil society
group, Enough is Enough Nigeria, held that the
bank was bound by the provisions of Sections
2(7) and 31 of the Freedom of Information Act
to release the details.
The judge held that the bank could not hide
under the cover of being a private company to
deprive the plaintiff of the information.
EiE Nigeria had on October 30, 2013, filed the
suit under the provisions of the FoI Act,
following the bank's refusal to disclose the
information to the group as earlier requested
from the bank.
First Bank was said to have denied the group's
request without disclosing any reason.
Justice Yunusa had on April 28 delivered a
similar judgment against Coscharis Motors
Limited which supplied the vehicles to the
NCAA. The NCAA stated that it had appealed the
judgment.
The judge in dismissing First Bank's defence
anchored on being a private company noted that
the bank did not deny EIE's claim that it
collected levies and taxes on behalf of the
government.
It ruled that Sections 1(3) and 20 of the FOI Act
gave EIE the right to apply to the court to
compel the First Bank to disclose the information
that it applied for.
The court held that the objective of the FOI Act,
as stated in its preamble, was to make public
records and information more freely available.
Justice Yunusa granted the reliefs prayed for by
EIE.
The court, however, refused to issue an order
directing the Attorney-General of the Federation
to initiate criminal proceedings against First
Bank.
But the court asked EIE to write formally to the
Attorney-General.
The suit was filed on behalf of EIE last January
9 by Mr. Ayodeji Acquah of Media Rights Agenda
Network.
EIE asked for the original documents including
pro-forma invoice(s) from the supplier, request
letter from the NCAA and insurance certificate for
the assets (the BMW vehicles); rationale for
approval including the credit application (or an
acceptable alternative) originating the request
and details of the approving authority; and offer
letter to the NCAA stating the terms and
conditions of the loan facility.
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