Nigeria's head of civil service assigns FOI requests to legal units in federal agencies

The Head of Nigeria’s Civil Service, Esther Walson-Jack, has directed that all Freedom of Information (FOI) Act-related matters in federal Ministries, Departments, and Agencies (MDAs) should henceforth be handled by their respective legal units.

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The directive was conveyed in a circular dated 17 April and signed by the Permanent Secretary, Service Policies and Strategies Office, Deborah Odoh on behalf of the Head of the Civil Service of the Federation.

The circular was addressed to key government officials, including the Chief of Staff to the President, Femi Gbajabiamila, the Chief Justice of Nigeria, Kudirat Kekere-Ekun, the Secretary to the Government of the Federation, George Akume, Ministers and heads of federal agencies.

Mrs Walson-Jack said the move is in line with the federal government’s strategic objectives to ensure better compliance with the FOI Act.

“In line with Government’s strategic objectives and to enhance legal compliance with the Freedom of Information (FOI) Act, the Head of the Civil Service of the Federation has approved the relocation of the Freedom of Information (FOI) Unit to function as a Desk under the supervision of the Legal Units of Ministries, Extra-Ministerial Departments, and Agencies, with immediate effect,” the circular reads.

The head of civil service explained that this restructuring aims to improve coordination of FOI-related activities, especially with regard to reporting obligations to the Attorney-General of the Federation and Minister of Justice, as stipulated in the Act

She directed that the FOI Units in MDAs should henceforth operate under the supervision of the legal departments, ensuring that requests for information are handled with appropriate legal oversight.

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“This restructuring is intended to ensure effective coordination of the reporting obligations of the Attorney-General of the Federation and Minister of Justice, as outlined in the Act.

“Consequently, all FOI-related activities, processes, and documentation are henceforth to be coordinated by the respective Legal Units. Please ensure strict compliance with the contents of this Circular.”

Supreme court ruling

This development comes after a ruling by the Supreme Court on 11 April, affirming that the FOI Act is applicable to federal, state, and local governments in Nigeria.

The court’s decision overruled longstanding resistance by several state governments, who had argued that the FOI Act, being federal legislation, did not apply to them.

The apex court held that the National Assembly has constitutional authority to legislate on public records and archives, thereby validating the applicability of the FOI Act across all levels of government.

This ruling is a milestone for the 14-year-old law, which has been poorly implemented by government agencies and ministries especially at the state level.

The judgment was from a case filed in January 2014 by a coalition of civil society organisations against the Edo State Agency for the Control of AIDS (EDOSACA), which had denied a request for information on the state’s HIV/AIDS Programme Development Project (HPDP II). The plaintiffs sought detailed records including financial expenditures, donor partnerships, contract awards, and grant allocations between 2011 and 2014.

While the Federal High Court ruled in favour of the applicants, the decision was overturned by the Court of Appeal in Benin, which maintained the FOI Act did not apply to states. The Supreme Court has now reversed that ruling, affirming that the FOI Act is applicable to all tiers of government in Nigeria.

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The FOI journey in Nigeria

The fight for access to public information in Nigeria dates back to 1993, when the first draft of the FOI bill was prepared by the Media Rights Agenda (MRA), Civil Liberties Organisation (CLO), and Nigeria Union of Journalists (NUJ).

Despite being passed by the National Assembly in 2007, the bill was rejected by then-President Olusegun Obasanjo. It took another four years of advocacy and mobilisation by the media and civil society before the bill was finally signed into law by former President Goodluck Jonathan on 28 May 2011.

With the Supreme Court’s ruling and the new directive from the Head of Civil Service, access to information in government agencies may be easy and procurement process would be transparent, provided that the reforms are implemented and enforced effectively.