The Federal High Court, Abuja Judicial Division, has ruled in favor of Borders Haulage Services Limited, directing the Central Bank of Nigeria (CBN) to furnish the company with the investigative report concerning its petition against Sterling Bank Plc.
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The judgment was delivered on Thursday, July 24, 2025, by Hon. Justice Peter O. Lifu (JP) in Suit No: FHC/ABJ/CS/949/22. Borders Haulage had filed an originating summons on August 30, 2022, seeking enforcement of its rights through a judicial review and the prerogative relief of mandamus.
The applicant requested the court to compel the CBN to provide a certified true copy of the investigative report of a petition it lodged against Sterling Bank on January 26, 2021, following repeated delays by the bank and the regulator. Borders Haulage also sought declarations that the failure of the CBN to provide the report violated the Freedom of Information Act, 2011, and claims for N500 million in general damages and N500,000 for litigation costs.
In delivering judgment, Justice Lifu held that Borders Haulage had made a valid request under the Freedom of Information Act and that the CBN failed in its statutory duty by not providing the requested report, even though the delay was attributed to the applicant’s alleged non-cooperation with Sterling Bank. The court emphasized that the law required the CBN to issue a report highlighting challenges encountered, and the failure to do so violated Section 4 of the FOI Act.
The court consequently granted an order of mandamus, directing the CBN to immediately furnish Borders Haulage with the report. Additionally, the court awarded N500,000 as costs in favor of the applicant.
Justice Lifu noted that while the award of general damages is discretionary, it must be exercised judiciously, considering all surrounding circumstances. The applicant’s legal fees, which were unchallenged by the respondent, were recognized as uncontroverted.
The case was argued with O. Ojaomo Esq. representing Borders Haulage Services Limited, while A. A. Sadiq Esq. appeared for the CBN.
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