Court Orders CBN to Pay MRA N1 Million Damages for Wrongful Denial of Information, Disclose Information Requested

Wednesday, June 14, 2023: A Federal High Court in Abuja today ordered the Central Bank of Nigeria (CBN) to pay Media Rights Agenda (MRA) N1 million as damages for wrongful denial of access to information and directed the apex bank to also make available to the organization all the information it requested in its May 22, 2020 letter regarding the bank’s data protection policies and practices.

According to Idowu Adewale (Mr.)
Communications Officer, Media Rights Agenda
In a press release disclosed that, delivering judgment today in a suit instituted by MRA against the CBN, the CBN Governor and the Attorney General of the Federation, Justice Donatus Uwaezuoke Okorowo held that the failure of the CBN to disclose or make available to MRA the information requested by the organization in the letter amounts to a violation of its right of access to information established and guaranteed by Sections 1(1) and 4 of the Freedom of Information Act, 2011 and also constituted a wrongful denial of access to information under section 7(5) of the Act.

MRA filed the suit on June 15, 2020, through its lawyer, Mr. Darlington Onyekwere, challenging the CBN’s refusal to disclose the information it applied for and asking the Court to compel the bank and its Governor to make available the information it requested in its May 22, 2020 letter to the bank in which it asked, among other things, for copies of all the CBN’s data protection policies issued in conformity with the Nigeria Data Protection Regulation (NDPR), 2019; the name and contact details of the CBN’s Data Protection Officer, designated in accordance with the NDPR and its relevant data privacy instruments and data protection directives.

MRA had also asked for details of all capacity building training or other capacity building activities undertaken for the Data Protection Officer and other CBN personnel involved in any form of data processing since the issuance of the NDPR; the number of persons or individuals whose personal data it processes on an annual basis; and a report from a detailed audit it conducted of its privacy and data protection practices in accordance with the NDPR;

In his judgment, Justice Okorowo agreed with MRA that the failure of the CBN to give a written notice to the organization that access to all or part of the information requested would not be granted as well as its failure to state the reasons for its denial of access and the section of the Act under which the denial was made amounted to a violation of section 4(b) of the Act.

He accordingly issued an order compelling the CBN to make all the information requested by MRA available to the organization.

The judge also ruled that MRA was entitled to damages for the unlawful violation of its right of access to information and granted the organization’s claim of N1 million as damages.

He however refused MRA’s request for an order directing the Attorney-General of the Federation to initiate criminal proceedings against the CBN for the offence of wrongful denial of access to information under Section 7(5) of the FOI Act.

ECOWAS: Workshop on Planning, Coordination, and Monitoring of the ECOWAS Support Programme to Africa Peace

The European Union’s (EU) support of the African Peace and Security Architecture Program provides a continental framework for the African Union Commission (AUC), Regional Economic Communities (RECs), and Regional Mechanisms (RMs) to jointly prevent, manage and resolve conflicts in Africa.

The Workshop on Planning, Coordination, and Monitoring of the ECOWAS Support Programme to Africa Peace & Security Architecture (APSA) IV was held from 31 to 02 June 2023, at Park in Hotel by Radisson in Victoria Island, Lagos-Nigeria.

The Objectives of this workshop were to check the progress of the implementation of the project (Planning, Achievements, Challenges, Opportunities) to review the planning of ECOWAS APSA IV 2023 activities and to complete the ECOWAS Monitoring and Evaluation Matrix, to reinforce the ownership of the project by the respective stakeholders, to enhance the coordination and the visibility of the project and To prepare the upcoming Joint Monitoring Mission (JMM).

During the opening ceremony, Mr. Dieudonne Nikiema, Manager of ECOWAS Peace Fund, welcomed the Permanent Representative of ECOWAS to the African Union, His Excellency Francis Oke, the Directors, and the participants from the Directorates present for the workshop.

While speaking, he noted that APSA is an important Programme for ECOWAS, which started in March 2020 and will end in February 2024.

He pointed out that it includes a series of activities involving all the ECOWAS Directorates present for the meeting and the ECOWAS Representative to the African Union. Mr. Nikiema.

However, while concluding his remarks, he indicated that the meeting should be allowed to have the level of achievement required and to see the gaps.

Also speaking, SEM Francis OKE who was the Chairman of the Meeting, in his opening remarks thanked all the participants present and declared that this meeting will allow to get a better understanding of APSA IV.

SEM. Francis OKE indicated that due to the results and activities ongoing, this project needs to be extended.

The meeting was attended by, the Permanent Representative of ECOWAS to the African Union, the Director of Humanitarian and Social Affairs of the ECOWAS Commission, the Manager of ECOWAS Peace Fund, the Director of Strategic Planning, M&E of ECOWAS Commission Representative of the Directorate of political affairs, representatives of ECOWAS Directorate of Peacekeeping and Regional Security, representatives of ECOWAS External Relations Directorate, Representatives of ECOWAS Directorate of Early Warning, representatives of ECOWAS Directorate of Procurement, representatives of ECOWAS Directorate of Financial Reporting and Grants.

Independent Experts Group Meeting on the Draft Supplementary Act Relating to the Cooperation on the Suppression of Illicit Maritime Activities in ECOWAS

From 16 to 19 May 2023, in Lagos, Nigeria, a meeting of independent experts was held to consider the draft Supplementary Act Relating to the Suppression of Illicit Maritime Activities in ECOWAS.

This project was carried out in the framework of the implementation of the ECOWAS Integrated Maritime Strategy (EMIS) in collaboration with the United Nations Office on Drugs and Crime (UNODC) through the Support to West Africa Integrated Maritime Security (SWAIMS) project.

The objective of this draft Supplementary Act is to promote the cooperation of ECOWAS Member States through the strengthening of the operational legal framework to combat illicit activities committed at sea.

The meeting was attended by representatives of ECOWAS Directorate of Peacekeeping and Regional Security, ECOWAS Directorate of Legal Affairs, Regional Maritime Security Center for West Africa (CRESMAO), Maritime Multinational Coordination Centers (MMCC) Zones E and G, UNODC, and by Consultants and Independent Experts.

During the opening ceremony, Mr. Francis Omiunu, National Programme Officer of UNODC, welcomed the experts appointed to reflect on the draft Supplementary Act Relating to the Suppression of Illicit Maritime Activities in ECOWAS.

He noted that the meeting was another step in the continuing partnership between ECOWAS and UNODC in finding innovative solutions on cooperative mechanisms to address illicit maritime activities within the region.
He mentioned that UNODC, as an implementing partner in the SWAIMS project, remains committed to supporting the entire criminal justice system, from sea to land, in order to ensure that ECOWAS Member States are able to address the threats of maritime crime, including drug, human and arms trafficking, and to secure the waters of coastal States.

Colonel Abdourahmane Dieng, Head of the Regional Security Division of the ECOWAS Commission, in his opening remarks recalled the adoption of the Supplementary Act on the Conditions For The Transfer Of Persons Suspected Of Having Committed Acts Of Piracy And The Property and evidence associated with them by the ECOWAS Authority of Heads of State and Government at its 61st Ordinary Session in July 2022, and the significant drop in piracy In light of the current situation, It is now deemed necessary to put in place additional measures that would provide a range of options and innovative solutions to address all forms of maritime security problems in the maritime domain through enhanced cooperation.

He indicated that the thinking in this regard found expression in the recent UN Security Council Resolution 2634 (2022) which explicitly encourages the Gulf of Guinea states to structure operations to combat illicit maritime activities and to develop their capacity to protect their maritime domain, as well as Article 13 (3) of the Yaoundé Code of Conduct on the repression of piracy, armed robbery against ships and unlawful maritime activities in West and Central Africa, signed in Yaoundé on 25 June 2013 (“Yaoundé Code of Conduct”).

Colonel Dieng concluded his remarks by requesting the dedicated support of the experts in the consideration of the draft Supplementary Act, towards an adoption by ECOWAS.

The meeting ended with the adoption of the report by the participants and the following recommendations including those to present the draft Supplementary Act as revised to the ECOWAS Commission as a working draft to ensure its ownership by all its competent services to sensitize management on the objectives that the draft Supplementary Act aims, to sensitize the management on the objectives that the draft Supplementary Act seeks to achieve in securing the ECOWAS maritime domain.