After two days of discussing the Freedom of Information Act, stakeholders convening as a technical group identified areas of the law that may require amendment, noting the existence of two bills with related objectives that are currently pending at the National Assembly. Stakeholders agreed that the FoI Act 2011 should be amended to enhance reporting,
After two days of discussing the Freedom of Information Act, stakeholders convening as a technical group identified areas of the law that may require amendment, noting the existence of two bills with related objectives that are currently pending at the National Assembly.
Stakeholders agreed that the FoI Act 2011 should be amended to enhance reporting, strengthen compliance, and align with the Open Government Partnership.
The meeting acknowledged the National Assembly’s efforts in initiating amendments to certain sections of the FoI Act, noting that these initiatives are commendable and deserving of stakeholders’ support. However, it was observed that the proposed bills address only a limited scope of the Act and lack harmony.
Compliance with the FoI currently depends on enforcement by the judiciary. Accordingly, it is recommended that the legislation be amended to enhance mechanisms for ensuring compliance.
The meeting noted that Nigeria’s FoI has gaps, including unenforceable and absent sanctions, weak institutional accountability, a culture of impunity, and insufficient oversight by the Attorney General.
The Communique notes that the FoI Act lacks clear guidelines on sanctions, reporting structures, and desk offices. Most ministries, departments, and agencies have virtually no budget for their implementation.
Among other gaps highlighted is the lack of effective awareness campaigns for FoI implementation despite commendable efforts by the FMJ, NOA, and CSOs. FOI oversight is limited to the Ministry of Justice, with no administrative penalties in place.
The FoI Implementation Guidelines should be reviewed to determine if sections like access fees and publishing email addresses for public institutions can be included in the amendment.
It also notes that though the Attorney-General has been presenting an annual compliance report to the National Assembly, these reports frequently lack important information, including details on costs and staffing requirements.
It was also observed that no single public institution in Nigeria has completely complied with the provisions of the FoI Act by publishing all the required information. Therefore, there is a need for proactive publication of information.
It is anticipated that the new law will address a situation whereby many public institutions do not have FoI Desk Officers, and in cases where such desks exist, the contact information for FoI Desk Officers has not been provided. Additionally, the law should include sanctions for public institutions that repeatedly fail to submit reports as required by Section 29 of the Act.
Stakeholders request that the Supreme Court’s judgement, which states that the FoI law should apply to state and local government institutions, be incorporated into the law.
It was noted that the AGF cannot effectively oversee FoI implementation across all government levels and therefore recommends that an Independent Commission be established to handle oversight and data generation for the FoI.
The annual reports of several MDAs are not currently available to the public. As a result, the proposed amendment could include a provision requiring MDAs to disclose their annual reports.
The stakeholders resolved to set up a committee that will harmonise all shades of opinion and present areas for amendment for the consideration of the National Assembly.
It is the expectation of the stakeholders that an upgraded Freedom of Information Act will emerge before the 2027 election.
