FREEDOM OF INFORMATION (FOI) ACT

What Is This Policy?

The Freedom of Information Act is Nigeria’s primary legislation guaranteeing public access to government-held information. It establishes the right of citizens to request records from public institutions, sets timelines for response, and provides exemptions for sensitive information such as national security, law enforcement, and personal privacy.

Who Does It Target?

The Act is directed at all Nigerian citizens, empowering them to hold government accountable by accessing public records. It also targets public institutions, requiring them to maintain records and respond to information requests within statutory timelines.

What Does It Aim to Achieve?

The central objective of the FOIA is to promote transparency, accountability, and good governance. It seeks to dismantle the culture of secrecy in public administration by making government records accessible.

Key Features

Right of access to public records for all citizens. Mandatory record-keeping by public institutions. Response timeline: institutions must respond within 7 days, extendable under certain conditions. Exemptions: national security, law enforcement, international affairs, personal privacy, and third-party information. Judicial oversight: courts can order disclosure if institutions refuse unjustly.

Current Status

Rollout Stage: fully operational Coverage: applies nationwide Beneficiaries to Date: Journalists, NGOs, and citizens have used the Act to access records, though compliance remains inconsistent. Funding: Federal Government Allocations

How to Access

Full text available via: • Center for Laws of Nigeria (official repository). • Central Bank of Nigeria (CBN) and other government portals.

Important Terms

Term 1-Access to Information This is the cornerstone of the FOIA. It gives every Nigerian citizen the legal right to request and obtain information from public institutions without needing to demonstrate a specific interest. The principle is that government-held information belongs to the people, and access should be the default, not the exception. Term 2- Public Institution Under the Act, a public institution includes any government agency, ministry, department, or parastatal at the federal level. It also extends to private organizations that receive public funds or perform public functions. This broad definition ensures that transparency obligations are not limited to traditional government offices but also cover entities that influence public life through state resources.

Official Resources

Federal Ministry of Justice – FOI Desk The Ministry of Justice is the primary custodian of the FOIA. It houses the Freedom of Information Desk Unit, which coordinates compliance across federal institutions. The Desk is responsible for receiving complaints, monitoring implementation, and publishing proactive disclosures. • Address: Plot 71B, Shehu Shagari Way, Maitama, Abuja. • Contact Person: Mr. Benjamin Ogu Okolo, Head of FOI Unit. • Email: [email protected] • Website: https://justice.gov.ng Link to the document - Link to document

Legal Framework

The Freedom of Information Act 2011 is the primary legislation governing the right of access to public information. It derives constitutional authority from Section 39 of the 1999 Constitution (freedom of expression and access to information). The Act operates alongside the Official Secrets Act, the Public Officers Protection Act, and the Data Protection Act 2023. Nigeria's obligations under the African Charter on Human and Peoples' Rights and the Aarhus Convention principles inform the Act's access-to-environmental-information provisions.