Freedom of Information Act applicable to 36 states, Supreme Court rules

The Supreme Court has ruled that Nigeria’s Freedom of Information (FOI) Act applies to all tiers of government, including state institutions, a judgement which is a milestone for the 14-year-old legislation, whose implementation has encountered challenges due to limited commitment to transparent and democratic governance in the country.

Penpushing reports that the apex court gave the ruling on Friday and held that the National Assembly is competent to enact laws on public records and archives, contrary to the arguments many state governments have canvassed over the years to dodge compliance with the Freedom of Information (FOI) Act, a federal legislation.

The case leading up to judgement of the Supreme Court was filed on January 6, 2014 by a coalition of civil society organisations following the denial of a Freedom of Information (FOI) request by the Edo State Agency for the Control of AIDS (EDOSACA).

Penpushing further reports that the applicants sought detailed records relating to the HIV/AIDS Programme Development Project (HPDP II), including financial expenditures, grants, donor partnerships, contract awards, and criteria for grant allocations between 2011 and 2014.

The applicants dissatisfied with the action of the state agency, approached the Federal High Court for a judicial review, while the court ruled in favour of the applicants, but the state government appealed to the Court of Appeal, Benin Division.

Penpushing also reports that the Court of Appeal reversed the decision and held that the law was not applicable to the states, however, the supreme court on Friday’s judgement overturned the 2018 majority ruling of the Court of Appeal, which held that the Freedom of Information (FOI) Act only applies to federal Ministries, Departments, and Agencies (MDAs).

The applicants’ lead lawyer, President Aigbokhan, speaking on the judgement hailed it, stressing that it was not just a legal victory but victory for democracy, adding that the decision was a major leap for the global campaign for probity, accountability, and transparency

“This is not just a legal victory—it is a victory for democracy. This decision is a major leap for the global campaign for probity, accountability, and transparency, with far-reaching impact on public citizens at the sub-national level. Our laws must work for all. Once again, the Supreme Court has demonstrated its crucial role as a veritable arbiter of democratic ideals’, Aigbokhan said

Penpushing reports that it is recalled that in Nigeria, the first draft of the Freedom of Information (FOI) bill was produced by the Media Rights Agenda (MRA), the Civil Liberties Organisation (CLO), and the Nigeria Union of Journalists (NUJ) in 1993, and with the consolidation of democracy in 1999, a private member’s bill for the enactment of a Freedom of Information Act was presented to the National Assembly.

The bill was passed by the National Assembly in 2007, but former President Olusegun Obasanjo refused to sign it into law, while the bill was greeted by a lot of misconceptions, paving the way for a wider Freedom of Information Coalition.

Penpushing further reports that the group embarked on nationwide mobilisation, campaigns and sensitisation in support of the bill on the premise that a Freedom of Information (FOI) law would strengthen democracy and enhance good governance.

The Nigerian media equally played a dominant role in the Freedom of Information (FOI) campaigns, while number of media outlets serialised the content of the bill to further enlist public support.

Penpushing also reports that despite the widespread support, the advocacy for the access to information law lasted twelve years before the bill was passed by the National Assembly, while on May 28, 2011, President Jonathan signed the bill into law and it became an act of parliament.

The Nigeria thus became the second country in West Africa after Liberia (2010) to have a Freedom of Information (FOI) law, however, for years many of Nigeria’s 36 states failed to implement the legislation,

Penpushing reports that the states argued that being a federal law, it did not apply to them, hiding under legal cover that the federal law was not applicable to the states is one of numerous strategies public institutions and their officials have devised to escape compliance with the law,

Meanwhile, federal institutions, which agree they are bound by the law, ignore Freedom of Information (FOI)requests without consequences., but the current judgement that obstacle has now being removed

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