Access to Information under the Nigerian Freedom of Information Act, 2011: Challenges to Implementation and the Rhetoric of Radical Change

Abstract

Information is essential for the functioning of modern societies. Access to information denotes the right of citizens to obtain information regarding how they are governed. In 2011, Nigeria enacted the Freedom of Information Act, to ensure openness and transparency in public governance. This article evaluates the extent to which the legislation has strengthened the right of access to information in Nigeria. Through analysis of the provisions of the act and some decided cases, the article argues that challenges, both in the act's provisions and in its enforcement by the courts, have resulted in a “blunted” law that lacks the capacity to satisfy the people's expectations on the right of access to public information. Drawing on the experience of other jurisdictions where similar laws are operative (notably South Africa and India), the article suggests ways through which the implementation of the act could be made more effective.

Knowledge and utilization of freedom of information law among journalists in Nigeria

“…Officials violate the FOI Act by failing to reply to requests in the requester's chosen language (Jayasinghe, 2019). Similar cases of the unwillingness of public officers and institutions to respond to requests or even acknowledge the requests were reported in Nigeria (Nwoke, 2019). Even in democratically rooted countries like the United Kingdom, journalists reported refusals with no legal basis, delays, failure to answer at all, or discriminatory treatment (Z ̌uffová, 2021).…”

“…The Nigerian situation was not far from those of other countries. In Nigeria, there is an unending tussle between harmonizing the requirements for secrecy in public governance and the liberty of the general public to obtain information regarding how they are governed (Nwoke, 2019). This could be the remnant effect of the repressive legislation that reigned supreme until the mid-18th century, when the liberation struggle became apparent: cited in Rénique (2009).…”

“…Most ordinary people do not read legal texts, and since FOI law is essentially legal text, it is unlikely that many ordinary people will read the original text. Even among major FOI Act supporters who are not lawyers, relatively few read the texts of laws or draft laws (Ossai-Ugbah, 2012).…”

“…The law also makes electorates less reliant on political propaganda and rumours since they would have better ATI concerning the records of the government, thus, being able to make informed decisions. Ossai-Ugba (2012) stated that when citizens are given the legal guarantee to access public information, it helps strengthen democracy since governments would become directly accountable to the governed. Therefore, implementing the FOI law is a litmus test of Nigeria's democracy.…”

Petroleum revenue management in Ghana: How does the right to information law promote transparency, accountability and monitoring of the annual budget funding amount?

“…Defined broadly, access to information represents people's right to obtain information controlled by the state and is at the core of open governance (Nwoke 2019). The inclusion of clauses on public access to information in petroleum laws is one way to promote disclosure and accessibility to information by the public and, by extension, through greater transparency leading to a political will for greater equanimity of benefits, avert the so-called resource curse.…”