WRITTEN BY:
OBHAKHOBOH JENNIFER
1. FOI Act
2.
Nigerian Coat
of Arm
FREEDOM OF INFORMATION ACT
2011 (FOIA)
LAWS OF THE FEDERATION OF NIGERIA
This Act was enacted by the
National Assembly of the Federal Republic of Nigeria on the 28TH day of May
2011.
Passed by the Senate and House of
Representative on the 24Th day of May, 2011.
Assented by Goodluck Ebele
Jonathan, GCFR
President of the Federal Republic
of Nigeria on 28TH day of May, 2011.
This is an act to make public records and information more
freely available, provide for public interest and the protection of personal privacy,
protect serving public officers from adverse consequences of disclosing certain
kinds of official information without authorization and establish procedures
for the achievement of those purposes and for related matters.
The law guarantees Nigerian citizens access to public
information kept by the government, public institutions and private bodies
carrying out public functions or spending public funds. It also offers
protection to officials disclosing public records, and provides for penalties
including imprisonment for anyone convicted of destroying public documents or
denying free access of information.
In
Section 3, public institutions are mandated to provide detailed description of
their corporate profiles, programs and functions of each division, lists of all
classes of records under their control, and related manuals used in
administering the institution's programs. They are to provide public access to
documents containing final opinions, including concurring and dissenting ones;
orders made in the adjudication of cases, and those covering policies,
contracts, receipts, or expenditure; and reports and studies conducted by the
institutions.
The law
directs public institutions to ensure that the public's right of access to
information shall not be prejudicially affected by the institutions' failure to
publish any information under this subsection. Although Section 12 (1) excludes
information that may be injurious to the conduct of Nigeria's international
affairs and defense, no application for information shall be denied where
"the public interest in disclosing the information outweighs whatever
injury that disclosure would cause." In other words, the onus is on the
public agency to establish why the information should not be released. There
are provisions for seeking redress for denied applications and penalty for
wrongful denials.
In
endorsing the people's right to know, the FOI Act acknowledges that sovereignty
belongs to them, and that the quality of information available in a community
leverages the quality of their participation in public affairs. Extreme secrecy
in governance and a poor information flow breeds suspicion and misunderstanding
among the populace and prevents the necessary cooperation for development.
Note: the media/
journalists have the right under this FOI Act to access information that will
be disseminated to the heterogeneous audience for their intellectual
advancement via print, electronic or online media. If any institution, private
or government owned refuses the masses valuable information, they should
be able to state their
reasons behind their refusal.