Borders Haulage Wins Landmark FOI Case, Court Compels CBN to Release Sterling Bank Probe Report

The Federal High Court, Abuja Judicial Division, has entered judgment in favour of Borders Haulage Services Limited in Suit No: FHC/ABJ/CS/949/2022, compelling the Central Bank of Nigeria (CBN) to release a certified copy of its investigative report arising from the company’s petition against Sterling Bank Plc.

Delivering judgment on Thursday, 24 July 2025, Hon. Justice Peter O. Lifu (JP) held that the Applicant’s request was validly made under the Freedom of Information Act, 2011, and that the CBN failed in its statutory obligation by withholding the report. The Court noted that even if the alleged delays were linked to the Applicant’s purported non-cooperation with Sterling Bank, Section 4 of the FOI Act mandates the CBN to issue a report detailing any challenges encountered — a duty the apex bank failed to discharge.

The matter originated from a petition dated 26 January 2021, in which Borders Haulage alleged infractions by Sterling Bank. Following repeated delays from both the bank and the CBN, the Applicant approached the Court on 30 August 2022 seeking judicial review and an order of mandamus, alongside claims for ₦500 million in general damages and ₦500,000 as litigation costs.

In granting the order of mandamus, the Court directed the CBN to immediately release the investigative report to the Applicant and awarded ₦500,000 as costs of the action. Justice Lifu declined to award general damages, noting that such awards are discretionary and must be exercised judiciously. The Applicant’s claim for legal fees, uncontested by the Respondent, was upheld as valid.

O. Ojaomo, Esq. appeared for the Applicant, while A. A. Sadiq, Esq. represented the Respondent.