Stakeholders identify gaps in FOI implementation, list amendments for improved compliance

Stakeholders in civil society, the media, academia, and public service have identified impediments to the implementation of the Freedom of Information (FOI) law in Nigeria and proposed solutions to ensure improved compliance.

A communique made public at the end of a Stakeholders’ Technical Meeting on FOI, held in Abuja, indicated that while the Nigerian FOI law is not a particularly bad legislation, the gaps in compliance and implementation have made amendments imperative.

The stakeholders’ meeting was coordinated by the International Press Centre (IPC), in collaboration with the Policy and Legal Advocacy Centre (PLAC) and YIAGA Africa, as part of the European Union Support to Democratic Governance in Nigeria, Phase II (EU-SDGN II).

Other participants at the Abuja technical session include the Centre for Media and Society (CEMESO), the FOI Unit of the Federal Ministry of Justice, and a representative of the Attorney General and Minister of Justice.

According to the stakeholders, the session was held to review the FOI Amendment Bills, create a position paper to summarise key stakeholders’ input from the media, law, civil society, academia, and government, and support the effective implementation of the FOI Act in a way that would promote transparency in elections and governance.

It was noted that the current FOI Act has limitations that have impacted its overall effectiveness over the last 14 years, and that its effectiveness has been compromised by a lack of compliance with several of its provisions and limited enforcement of existing sanctions.

The communique identified a lack of an independent oversight body to enhance enforcement and the need to incorporate the judgment of the Supreme Court of April 2025, which affirmed that the FOI is binding on all sub-nationals, including the states and the 774 local government areas in Nigeria.

The communique, therefore, recommends a merger of the two FOI amendment bills in the House of Representatives with a comprehensive amendment bill prepared by the stakeholders to address the principal gaps and implementation challenges present in the current Act.

It also recommends a process that would minimise “excessive dependence on the courts,” while establishing “a robust administrative sanctions framework.”

The stakeholders, according to the communique, also recommend that all public institutions should establish a specific budget line in their annual budget proposals for implementing the FOI Act, including funds for training and retraining of FOI Desk Officers.

The communique further recommends allocation of resources to the Office of the Attorney-General of the Federation to enhance its capability to oversee, monitor, and ensure compliance with the FOI Act by all public institutions.

The communique further read: “Improvements should include the identification and naming of all public institutions that do not comply with the Act’s duties and obligations, the inclusion of recommendations for sanctioning persistently non-compliant institutions, and the provision of a detailed analysis regarding trends and patterns in usage, compliance, and non-compliance.”

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