by Olaitan Babatunde
A government announces that it has spent billions of naira on a road project. A ministry says it has awarded contracts for school renovations. An agency reports that money has been released for healthcare programmes. But how can citizens verify these claims? How much was actually spent? Which contractors received the money? Were the projects completed? And where are the records? Many Nigerians respond to unanswered questions with complaints on social media, but there is a law that gives citizens a more direct way to demand information from public institutions: the Freedom of Information Act 2011.
The Act was signed into law in May 2011 and establishes a right of access to records held by public institutions. Under Section 1, any person is entitled to request information in the custody or possession of a public official, agency or institution, subject to the exemptions provided by the law. The applicant does not have to explain why they want the information or demonstrate a special personal interest in it. This is important because access to public records is not a favour that an agency grants only to people it likes. It is a legal right, subject to the Act’s conditions and exceptions. A journalist investigating a public contract, a student researching government expenditure, a community group monitoring a school project or an individual seeking information about a public programme can all make requests.
The Act also places responsibilities on public institutions beyond responding to individual requests. Section 2 requires them to record and keep information about their activities, operations and businesses. It also establishes proactive disclosure obligations, meaning institutions are expected to make specified categories of information available without waiting for someone to request them. These include information about their organisation, responsibilities, policies, activities, finances and the services they provide. This is significant because transparency should not depend entirely on how persistent citizens are. Government institutions should maintain proper records and make important public information accessible.
So how does an ordinary Nigerian use the Act? First, identify the public institution likely to hold the information. A request about a federal road contract, for example, should be directed to the relevant federal ministry or agency. A request about a state government project should be directed to the state institution responsible for it, subject to the applicable legal framework. Next, write a clear request describing the records you want. You do not need to use complicated legal language. You could request the approved budget, contract award details, contractor’s name, project location, amount released, payment records, completion certificate and inspection reports for a specific project. The more precise the request, the easier it is for the institution to identify the records. Send it to the institution’s designated FOI desk or official contact and keep a copy, together with evidence of submission.
Section 4 of the Act generally requires a public institution to respond within seven days after receiving an application. It may communicate whether access will be granted or explain why the request is refused. The Act allows an extension of up to seven additional days in specified circumstances, including where the request involves a large number of records or consultations are necessary. If the institution does not hold the information but another institution has a greater interest in it, Section 5 provides for the request to be transferred to the relevant institution, with notice to the applicant. This means a public institution should not simply ignore a request because another agency is more likely to hold the records.
However, the right to information is not unlimited. The Act contains exemptions, including certain information relating to national security, law enforcement, personal privacy, privileged communications and commercially sensitive information. Some exemptions are subject to a public interest test. This means an institution cannot lawfully refuse every inconvenient request by simply labelling it confidential. It must identify the relevant legal basis for withholding the information. In certain circumstances, where only part of a record is exempt, the non-exempt portion may still be disclosed. The Act also does not require an institution to create a new report, conduct fresh research or answer a question that is not contained in an existing record. It provides access to records, not a general right to compel government officials to produce explanations in whatever format an applicant prefers.
What happens when an institution refuses to release information? Section 7 requires a written notice of refusal stating the reasons and the applicable legal provisions. Under Section 20, an applicant may apply to the Federal High Court to review a refusal or deemed refusal. The application must be made within 30 days after the denial or the date the institution is deemed to have denied the request, subject to the law. The Act also provides sanctions for the deliberate destruction, alteration or concealment of records in order to prevent disclosure. Citizens should therefore keep copies of their requests and responses because these documents may become important if they need to challenge a refusal.
The law is useful only when people know how to use it. A community concerned about an abandoned health centre can request the approved project cost, contract details and implementation records. A journalist investigating public procurement can ask for contract documents and payment information. Parents can request records about school rehabilitation programmes. Civil society organisations can use the Act to monitor budget implementation and compare official announcements with what exists on the ground. A request for information does not guarantee that wrongdoing will be uncovered, but it can provide the documents needed to ask more informed questions.
The Freedom of Information Act changes the relationship between citizens and public institutions. Instead of waiting for an official to volunteer information, citizens have a legal route to request records. But a transparency law cannot produce accountability if it remains unknown, unused or ignored. Government institutions have a duty to maintain and disclose information in accordance with the law. Citizens have an opportunity to ask for it, examine it and use it to hold public authorities accountable. Sometimes the most important question a citizen can ask is not shouted at a rally or posted online. It is written in a formal request for the records government already has.
