The Nigeria’s Freedom of Information Act was signed into law by the President, Dr Goodluck Ebele Jonathan on the 27^th day of May 2011, thus ending a long- drawn out and intense agitation for its enactment by successive governments in the country.

Amongst other things, the Act provides for access to information of public institutions notwithstanding that an individual has a specific interest in requesting for such information. It further mandated public institutions under Section 2(1) to ensure wide dissemination of all information regarding or pertaining to such institutions as aptly described under the Act.

While it is not yet “uhuru” as the legislative antecedents of Nigeria have shown that laws are sometimes relegated to the doldrums as they are respected in breach rather than in obedience to their salient provisions; a decisive step would be popular citizen action as the growth of any democratic project is dependent on a citizenry whose access to information allows them to contribute meaningfully to public life by holding their public officials accountable.

It is, thus, of necessity for all and sundry to have a working knowledge of the salient provisions of this Act in order that they are conversant of its relevance to them.

NEED TO KNOW ABOUT THE FOI ACT.

WHAT IS THE FOI ACT?

The FOI Act is a law guaranteeing the right of access to public records and information by the citizens. The law basically recognizes the process by which requests may be made for government- held information by Nigerians.

WHO CAN MAKE A REQUEST FOR ACCESS TO PUBLIC RECORDS UNDER THE FOI ACT?

Section 1(1) of the Act recognizes the right of any person to make a request under the Act. The Act does not limit or specify the classes of persons who could make such request. Person is defined under the Act to include individuals and companies whether corporate or incorporate whether acting alone or as a group.  An applicant need not indicate any particular interest or need for such information before his request can be granted.

WHAT CLASSES OF INFORMATION HELD BY PUBLIC INSTITUTIONS CAN A CITIZEN ACCESS UNDER THE FOI ACT?

Section 2(3) of the Act mandates public institutions to ensure the publication and dissemination of the information listed below through print, electronic and online sources. These include:

1. Information on the details of the responsibilities, programmes and functions of each division, branch and department within the Institution.
2. List of all manuals used by employees of the institution in administering or carrying out any of the programmes or activities of the institution.
3. Rules of the Institution, policies adopted by the Institution along with recommendations and decisions, reports of studies carried out or prepared by the institution.
4. Information on all receipts and expenditures of funds –whether public or otherwise- by the Institution.
5. Information on the names, salaries, job designation and dates of employment of all employees of the public institution.
6. Voting rights at all proceedings of the Institution.
7. Information on all files pertaining to contracts, permits, grants ,licensees or agreements
8. Reports, studies and findings of independent contractors carried out on behalf of the Institution.

WHAT PUBLIC INSTITUTIONS CAN AN INDIVIDUAL DIRECT A REQUEST TO ACCESS ITS INFORMATION?

By virtue of Section 2(7) of the Act, an applicant makes a request to the bodies listed below:

1. The Executive arm- meaning the Local governments, State governments and the Federal government.
2. The Legislature- meaning the Legislature at the Local government level, the State Houses of Assembly and the National Assembly at the Federal level.
3. The Judicial agencies
4. Ministries both at the State and the Federal government levels.
5. Extra-ministerial and government parastatals
6. Corporations established by law such as the NNPC, Lagos State Water Corporation, the Petroleum and Pipelines Marketing Corporation (PPMC), etc.
7. Companies in which the government has a controlling interest
8. Private companies utilizing public funds, providing public services or performing public functions.

DOES A CITIZEN HAVE THE RIGHT TO ACCESS ALL CLASSES OF INFORMATION FROM A PUBLIC INSTITUTION?

No. The Act exempts certain classes of information from the public domain. These are:

1. Information injurious to the conduct of the Nation’s International affairs and defence.
2. Information or records compiled by a public institution for the purpose of an enforcement proceedings or by a law enforcement agency for law enforcement purposes or internal matters, where disclosing same would interfere with the conduct of pending proceedings; deprive a person of fair trial; disclose the identity of a confidential source; constitute an invasion of personal privacy or obstruct ongoing criminal investigation.
3. Information that could facilitate the commission of a crime.
4. Personal information
5. Third party information in the nature of a trade secret, information  of a commercial nature, contract proposal or bid, which disclosure could be injurious or frustrate the procurement of such contract or bid.
6. Information as between a lawyer and his client; a health worker and his client and information generated by journalists during the course of their duties.
7. Information on course or research materials developed by faculty members in an educational institution
8. Test questions, scoring keys and other examination data used to administer an academic examination or to determine the qualifications of an application for a license or employment.
9. Building plans of public buildings ;where such disclosure would undermine public security
10. The records of the users of a Library
11. Published materials available for sale to the public
12. Materials placed in the National Library, the National Museum or the non-public section of the National Archives by a private person.

WHAT PROVISIONS DOES THE ACT MAKE FOR THE ILLITERATE AND THE DISABLED IN THE SOCIETY?

The Act, under Section 3(3) recognizes the right of the illiterate and disabled persons in the society to make an application to request for information from a public institution through a third party.

WHAT REMEDY IS AVAILABLE TO AN APPLICANT IN THE CASE OF A REFUSAL?

The Act recognizes the right of an individual whose request for access to information is refused to approach the court to challenge same within 30 days of such denial. He or She can apply to court for a judicial review of the decision to deny the access, and an Order may thereon be made by the Court or authorizing the public institution to grant access to the information otherwise as the case may be.

It is hoped that Nigerians would take advantage of the window of opportunity created by this Law to challenge the status quo and make the government, government departments and parastatals more answerable to the electorate who have elected them.