…Stakeholders Urge Compliance with Act to Deepen Democracy To ensure transparency and accountability in the dissemination of information and compliance with the Freedom of Information (FOI) Act, stakeholders at a high-level Roundtable organised by the International Press Centre called for a deeper enforcement of the law to rebuild trust in governance, curb misinformation and disinformation
…Stakeholders Urge Compliance with Act to Deepen Democracy
To ensure transparency and accountability in the dissemination of information and compliance with the Freedom of Information (FOI) Act, stakeholders at a high-level Roundtable organised by the International Press Centre called for a deeper enforcement of the law to rebuild trust in governance, curb misinformation and disinformation in Nigeria.
The roundtable, supported by the European Union (EU) under its flagship Support to Democratic Governance in Nigeria Phase II (EU-SDGN II) programme, brought together key stakeholders last week at the Bon Hotel Octagon in Abuja to focus on improving the strategic use of the FOI Act to promote electoral transparency and ensure accountability in governance.
As one of the leading voices in the advocacy and campaign for the enactment of the Freedom of Information (FOI) Act, decades before it was signed into law by the former president Goodluck Jonathan on May 28, 2011, the IPC was nudged to examine the implementation and challenges the legislation has faced after 14 years of its existence and the level of compliance it has received in government ministries, agencies, departments and across the country.
Dr Fayemi Shares His Insights
Sharing his insights on governance, civic engagement, and the need to further domesticate compliance with the FOI Act across the MDAs, Dr Kayode Fayemi, the former Governor of Ekiti State and former Chairman of the Nigeria Governors’ Forum, stressed the need for transparency and accountability in government.
Dr Kayode Fayemi, former Ekiti State Governor
Speaking about the positive impacts of the FOI Act, the former governor who was also the chairman of the event, alluded to the recent cases of budget padding in the country, stating that without the legislation, such revelations would have not come in the open According to him, the FOI Act has demystified the government secrecy, declaring the law is breaking barriers of citizens’ involvement in government.
Speaking about his accomplishments as former Governor and Chairman of the Governor’s Forum, Dr. Fayemi stated that he instilled the concept of transparency and accountability in Ekiti State and among governors in other states by encouraging them to make their procurement procedures available to the public and answer questions about them.
“When I became chairman of the Nigerian Governors Forum, we started an initiative. Some of you may be aware of it, called SFTAS. SFTAS is the State’s Fiscal Transparency, Accountability, and Sustainability Programme. And what do we do in SIFTAS? We encourage peer pressure among states and ensure that information about state finances is not only published but also audited.
“So, throughout the time I was chairman of the governors’ forum, every single state in this country had an audited budget, which has never happened before. States usually don’t bother with it. They will provide you with a financial statement, not audited financial reports. However, we started doing that consistently, and I believe that must have continued as well.
Commending the initiatives surrounding the FOI Act, the former governor stated that, despite the positive feedback, stakeholders must continue to utilise them to demand the necessary information from public office holders and government parastatals.
I would also like to commend the drivers of this initiative for the excellent work they’ve done in opening government halls, as the government has often been treated as a mythical entity before now, much like an elephant. So, you can never see it all. It’s only the side of it that is nearer to you that constitutes your knowledge of government.
“I think what is happening here, the work that you’re doing, is one that we must all encourage for the future of our country and the good of our children because many of us here are past our diamond jubilee,” the former governor said, urging lawmakers to make space for CSOs to report noncompliance with FOI Acts to hold the negligent agencies and ministries accountable. So, we are almost out of consideration,” he concluded.
Welcome Remarks by IPC Executive Director, Mr Lanre Arogundade
In his welcome address, Mr Lanre Arogundade, the Executive Director of the International Press Centre, stated that the stakeholders had been brought together to examine the overarching successes and limitations surrounding the FOI Act, as the country looks forward to advancing transparency and accountability in democratic governance.
Mr Lanre Arogundade
He explained that when the law was enacted 14 years ago, the FOI was projected as an underlying hope, serving as a tool to achieve good governance through openness and the reduction of secrecy in government. Despite this, he also noted that the law has faced significant challenges, ranging from weak compliance by public institutions to limited awareness and ineffective enforcement mechanisms. Stating that the low rate of use by journalists, civil society groups, and citizens in general has also been a concern.
To address the challenges, Mr Arogundade said the purpose of gathering the stakeholders for the roundtable was to have a robust conversation on how the FOI “can enable the media to play its role at elections much more effectively, especially in political and campaign finance.
“This roundtable is therefore not merely a ceremonial observance. It is a strategic forum to re-evaluate the use of the FOI Act as a lever for electoral transparency, government accountability, and active citizenship. It is a call for renewed commitment from all stakeholders—government actors, media professionals, civil society advocates, and development partners—to enhance the effectiveness of the FOI Act in serving the best interests of society.
“Improve institutional compliance at both the federal and state levels; Strengthen media capacity for investigative, professional, and inclusive reporting; and leverage the FOI Act as an integral part of Nigeria’s democratic development. Importantly, this event is designed not only to spark dialogue but also to yield measurable progress. As a result of today’s engagement, we will identify key action points, policy recommendations, an implementation plan, and a follow-up framework to ensure that the ideas, recommendations, and commitments emerging from this dialogue are documented and acted upon.
Mr Arogundade also noted that the IPC would track and evaluate the progress of compliance and the utilisation of the FOI Act among public institutions at both the federal and state levels, and enhance collaboration between the media, civil society organisations, and statutory oversight bodies, as well as release periodic status reports.
Representative Akintunde Rotimi, Chairman Committee on Media and Public Affairs Moots on Act Amendment
In his goodwill message, Honourable Akintunde Rotimi Jr, the House Spokesman / Chairman, House Committee on Media and Public Affairs Member expressed his pleasure with the focus on transparency of information in the public sector and government, stating that the idea is in sync with approach of the House of Representatives has prioritised making the legislature more open, transparent, and accountable to the Nigerian people.
Hon Akintunde Rotimi, Chair, House Committee on Media and Public Affairs
Speaking about the transparency steps taken by the Representatives, Honourable Rotimi emphasised the impact of the Freedom of Information Act as one of the most significant milestones in Nigeria’s democratic development, stating that it provides citizens and civil society with the legal backing to demand transparency in public governance.
However, the lawmaker said, despite 14 years having passed, the implementation of the Act continues to fall short of its potential. “One central area of concern is Section 29 of the FOI Act, which mandates the Attorney General of the Federation to submit annual FOI compliance reports to the National Assembly. These reports, where they exist, are often submitted late and lack the analytical depth needed to spur reform. This reflects deeper structural challenges:
“Lack of institutional ownership of the FOI compliance process; Inadequate funding and capacity for FOI units across MDAs; Weak or absent enforcement mechanisms; And a culture of impunity around non-compliance. This status quo is unacceptable. A law that cannot be enforced or is routinely ignored fails in its core purpose. Citizens’ access to public information must not be conditional; it must be guaranteed.”
He further charged stakeholders to utilise the FOI Act as a tool to confront the growing threat of disinformation and misinformation, which undermines trust in public institutions and distorts access to information by promoting the credible use of information through fact-checking, as the legislature is committed to strengthening transparency.
Promising enhanced legislative oversight, the lawmaker stated that lawmakers will continue to demand the statutory annual Freedom of Information (FOI) reports from the Attorney General of the Federation. Any agencies that default on this requirement will be summoned to public hearings to foster further the needed accountability in the implementation of the Act.
“The FOI Act is not merely a tool; it is a foundation for democratic accountability. But like all laws, its impact lies not just in its text, but in its enforcement, its uptake, and its mainstreaming into governance culture. As we mark the midpoint of the current administration and legislative session, let us recommit to the principle that the people have a right to know,” he urged
Attorney-General, Lateef Fagbemi Urges Compliance
Representing the Attorney General of Federation, Mr Lateef Fagbemi (SAN), Mr Godwin Garuba, the Head of FOI Unit of the Federal Ministry of Justice, addressed the relevance of the FOI Act in Nigeria’s electoral system, noting that the legislation allows Nigerian citizens to access information from the public sector, especially those related to campaign finances, voter registration and election results.
Mr Lateef Fagbemi, Attorney General for the Federation and Minister for Justice
According to him, “Since 2011, FOIA has been empowering citizens, journalists, and civil society organisations with the power to access government-held information, including that related to elections. It is important to note that the new norm in Nigeria is that the government is open to transparency and accountability in government business,” he said.
He further explained that if appropriately used, the FOIA can contribute to electoral transparency and accountability through “access to campaign finance information”, as it gives Nigerians access to “request and obtain information about campaign funding, including donors, amounts and how funds are spent. This will ensure that the laws provide electoral funding.”
Additionally, he emphasised that the FOI Act provide Nigerian citizens with access to information about election officials, election results, audit data, voter registration data, and the accountability of government institutions.
He therefore encouraged Nigerians to utilise the Act to ensure the public sector is accountable to them. The Act guaranteed their right to government information without establishing any reason. Therefore, the use of the Act will encourage transparency and accountability in the public sector.
Mr Edetaen Ojo, Executive Director, Media Rights Agenda, Reviews Performance of FOIA in A Keynote Address
Speaking to the compliance and the usage of the FOI Act since its 14 years of being passed into law, Mr Edetaen Ojo, the Executive Director of the Media Rights Agenda, said even though the law has recorded some successes which he was satisfied with, the implementation and compliance of the Freedom of Information Act remain poor among the public institutions in the country.
Mr Edetaen Ojo, ED Media Rights Agenda
He pointed to a lack of public awareness, including among citizens, a culture of impunity for noncompliance with the Act’s provisions, and intentional institutional resistance to the Law by public institutions as contributing factors.
Citing the letters of the law that mandate compliance with FOI Acts, Mr Edetean said the “Section 2 of the Act requires all public institutions to publish specific categories of information proactively without anyone applying for the information, as well as to review and update such information periodically and immediately whenever changes occur.
“ Section 2(3)(f) of the Act, which requires every public institution to proactively publish the title and address of the appropriate officer of the institution to whom an application for information under the Act should be sent, makes it easier for members of the public to know which official of the institution they should direct their inquiries to or engage with”, he explained.
However, he stressed that the reverse has been the case, as the available data indicate that less than 20 per cent of public institutions to which the FOI Act applies follow the requirements of the law when it comes to FOI Requests.
He further warned that the deliberate affront to the compliance with the Act is putting all these objectives at risk, leading to the failure of public institutions to “publish all the 16 heads categories of information that they are required to proactively publish and make them widely and readily available to the public through various means, including print, electronic and online sources, and at the offices of the public institutions and is reviewing and updating the information required to be published periodically and immediately whenever changes occur.”
Addressing the implication of the deference, he insisted that “if institutions are proactively publishing the details of their FOI Desk Officers, then members of the public might not know who to direct their requests at or engage with.
“There is also the fact that proactive publication makes some information automatically available, and this automatic availability of information ensures that the public has timely access to information and that there is equal access for all members of the public without the need for anyone to file requests.
“Proactive publications also help to ensure that all citizens can access at least a minimum amount of information about public institutions, their activities and the services they provide or the functions they perform, including the vast majority of citizens who may never make a freedom of information request.”
Speaking on the state of compliance with the Attorneys General of the country regarding the publication of annual reports on the implementation of the FOI, Mr Edetean commended the current AGF and his predecessors for actively doing their part. “I can confirm that the three Attorneys General of the Federation who have held office since the Act was enacted in 2011 have submitted annual reports on the implementation of the Act to the National Assembly every year without fail. Not a single year has been missed. To date, they have collectively submitted 14 such annual reports to the National Assembly.
“This consistency in the submission of annual reports to the National Assembly by the Attorney-General of the Federation has been the single most impressive act of compliance regarding the FOI Act, and I believe they ought to be commended on this score.
The media expert went on to criticise the public for failing to respond to the request for information under the Act or do so within the timeframes provided in the Act, stating that this action impedes the work of journalists and civil society actors who use the Act to seek information. He added that some media practitioners face threats or harassment when they request a response, and that the sanctions outlined in the Act are rarely applied or enforced.
Speaking on the impact of noncompliance with the Acts, Mr Edetaen stated that the failure of a large number of public institutions to comply with the FOI Act has frustrated its objectives by further eroding public trust in the law, heightening distrust in government, stifling investigative journalism, and enabling corruption while weakening democratic accountability.
In his recommendation, the MRA Director reminded the Attorney General of the Federation to play an oversight role in ensuring that MDAs comply with the provisions of the Act. “There is a lot that he can do to satisfactorily perform this statutory duty imposed on him by Section 29(6) of the Act, while also taking advantage of some of the other provisions of law, such as Section 29(5), among others.
“It is untenable, and some may even say scandalous, for lawyers from the Attorney-General’s office to appear in court in defense of public institutions and officials that are alleged to violate the Act, whether such lawyers are directly representing such public institutions as their counsel or as has happened in some cases where the Attorney-General has also been sued as a nominal or interested party, for the lawyers representing the Attorney-General to defend or justify the breaches of the Act,” he noted.
He further explained that “it is imperative that the Office of the Attorney-General of the Federation and the Federal Ministry of Justice, which he heads, being public institutions to which the Act applies, lead by example. If any of them is violating the provisions of the Act, the Attorney-General will lose the moral authority and confidence to enforce compliance or insist that other institutions comply. He must therefore ensure that both institutions or agencies comply fully with the Act, adequately publicise the FOI Unit and its contact details, and also ensure that they meet their proactive disclosure obligations.
