The Supreme Court has today ruled that Nigeria’s Freedom of Information (FOI) Act applies to all tiers of government in Nigeria, including state institutions. This is coming after many state governments have tried exempting themselves over the years to dodge compliance with the FOI Act, a federal legislation; the court held that the National Assembly is competent to enact laws on public records and archives.
The court held that the matter falls within constitutional purview.
According to expert on public law, the judgment is a milestone for the lingering 14-year-old legislation, whose implementation was faced with resistance due to limited commitment to transparency and accountability to democratic governance in the country.
States authorities have been 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 perfected their escape route in complying with the law.
Over the years, many federal institutions, which agree they are bound by the law, have ignored FoI requests without consequences.
The case that led to the today’s judgment of the Supreme Court was filed on 6 January 2014 by a coalition of civil society organizations following the denial of an FOI request by the Edo State Agency for the Control of AIDS (EDOSACA).
The applicants requested detailed records of 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 which he was denied.
Displeased with the action of the state agency, the applicants approached the Federal High Court for a judicial review. The court ruled in favor of the applicants, but the state government appealed to the Court of Appeal, Benin Division.
The Appellate court reversed the decision of the high court and held that the law was not applicable to the states.
However, Friday’s judgement of the Supreme Court have overturned the 2018 majority ruling of the Court of Appeal, which held that the FOI Act only applies to federal Ministries, Departments, and Agencies (MDAs).
Speaking after the judgment, the applicants’ lead lawyer, President Aigbokhan, hailed the ruling.
“This is not just a legal victory—it is a victory for democracy,” Mr Aigbokhan said, “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.”
FOI bill was first produced in Nigeria by the Media Rights Agenda (MRA), the Civil Liberties Organisation (CLO), and the Nigeria Union of Journalists (NUJ) in 1993. 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.
Subsequently, the bill was passed by the National Assembly in 2007, but former President Olusegun Obasanjo declined signing it into law. When submitted to his office, Mr Obsanjo simply returned “and kept mum.
The bill was greeted by a lot of misconceptions, paving the way for a wider Freedom of Information Coalition. The group embarked on nationwide mobilisation, campaigns and sensitisation in support of the bill on the premise that an FOI law would strengthen democracy and enhance good governance.
The Nigerian media played a dominant role in the FOI campaigns. Many media outlets serialised the content of the bill to further enlist public support.
On May 28, 2011, President Jonathan signed the bill into law and it became an act of parliament. Nigeria thus became the second country in West Africa after Liberia (2010) to have an FOI law. Premiumtimes